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A court in the Netherlands ruled this month that a grandmother must remove pictures of her grandchildren from her social media accounts after her daughter filed a privacy complaint.
The grandmother, according to a Gelderland District Court summary, has not been in contact with her daughter for more than a year due to a family argument.
Her daughter has three minor children who appear in pictures the grandmother posted to social media accounts on Facebook and Pinterest. In February, the daughter wrote to her mother, noting that her requests made via the police to remove the photos of her children from social media have been ignored and giving her mother until March 5 to comply or face legal action.
After the grandmother failed to take the photos down, the mother took her complaint to court.
The Dutch implementation of Europe's General Data Protection Act requires that anyone posting photos of minors obtain consent from their legal guardians.
When the court took up the matter in April, the grandmother had removed photos, except for one from Facebook. She wanted that one picture, of the grandson she had cared for from April 2012 through April 2019 while the boy and his father, separated from the mother, lived with her.
The father in the instance of the Facebook image also did not consent to the publication of the image.
[...] Accordingly, the judge gave the grandmother ten days to remove the picture. If it isn't not removed by then, a fine of €50.00 (£45, $55) will be imposed each day the images remain in place, up to a maximum of €1,000 (£900, $1,095).
(Score: 2) by TheRaven on Monday May 25 2020, @06:32PM
It's worth noting that the court decided specifically that it was the involvement of Facebook that made this a GDPR violation. You cannot violate the GDPR by sharing pictures of friends and family with other friends and family members, it only becomes a violation once you involve a third-party. Taking the photos is fine. Showing them to friends on your phone / computer is fine. Putting them on a privately owned web server is borderline. Providing them to a third-party corporation for redistribution, data mining, and so on is absolutely not fine.
I am very happy with this ruling. If you want to do business with Facebook, that's your choice and it's up to you to decide if the benefits outweigh the cost. If you decide that one of the pieces of personally identifiable information that you want to sell to Facebook in exchange for some crappy web hosting describes someone else, that's not fine without that person's consent.
sudo mod me up