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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: 5, Interesting) by Absolutely.Geek on Monday May 25 2020, @01:33AM (5 children)
Your basic assumption is wrong for a lot of people.
As a parent of young kids; I don't want their pictures on any social media; not because of any imagined "enemy" or nefarious plot against them or the family. But simply because their image is theirs; until they can give informed consent about how it is used; then the default should be privacy. Not privacy at any cost but at a reasonable cost i.e. telling the grandmothers etc that the pictures I send are not to be put on Facebook or Instagram etc...
Also conflating the online and offline versions of this is a strange comparison to make; in one situation the image is tied intrinsically to an object not easily copied and distributed; in the other the image is stored somewhere on a server, distributed with basically no effort and easily copied from one place (FB for example) to another (say Instagram). In the offline situation losing control of an image is easy but basically harmless; in the other it is a little harder; but an error in the "privacy" settings on a service means the image can (and does) get scraped by some algorithm and can end up in some stock photo archive or worse.
Don't trust the police or the government - Shihad: My mind's sedate.
(Score: 3, Funny) by Absolutely.Geek on Monday May 25 2020, @03:23AM (1 child)
Comedy is not really what I was going for; but it will do.
Not sure why I'm getting modded funny.
Don't trust the police or the government - Shihad: My mind's sedate.
(Score: 0) by Anonymous Coward on Monday May 25 2020, @05:38AM
It is a recent trend from the local trolls. Their attempt to minimize points they don't like.
(Score: 2) by bzipitidoo on Monday May 25 2020, @09:16PM (2 children)
> As a parent of young kids; I don't want their pictures on any social media;
Do you also skip the photo sessions for yearbooks, which is customary across the US? Group photos of the entire class are also common. The whole town has access to those. Anyone could scan and post anything from there. The originals are probably all digital now anyway, and while behind some sort of paywall, they're nevertheless online.
Further, smartphones with cameras are everywhere. Any classmate could take a photo with your kid in it. How can you reasonably expect all that to be policed, and ownership enforced? And more, why bother, what's the harm in it, really?
Then there are security cameras. No doubt they're plastered all over schools, as well as retail outlets.
As for databases, there's passport photos, and driver's license photos, to name just two. Another thrilling one is the mugshot database, should your child ever be accused of some crime. On that last one, probably lots of restrictions for minors, but still, it exists.
The ship has sailed, the sun has set, on this expectation of privacy. And that's okay. Whatever has been lost thereby is surely more than compensated by the many gains.
(Score: 2) by Arik on Tuesday May 26 2020, @01:02AM
Only the creation of the real life dystopia. Nothing much, really?
It's just the end of all hope that the next generation will inherit a world no more evil than the one we inherited.
Nothing much? Really?
If laughter is the best medicine, who are the best doctors?
(Score: 2) by Absolutely.Geek on Tuesday May 26 2020, @02:42AM
Just because something is difficult; does not mean that it is not worthwhile. In fact quite the opposite, often the most worthwhile things are also the most difficult. But in reality keeping the kids off of the net isn't all that difficult.
In the future it maybe that the kids will thank us for the small amount of effort we have put in to keep them out of the all seeing eye of the marketing dragnet. I doubt they will be unhappy that we didn't plaster them all over the internet.
Also I don't live in America where it seems things are different; here in New Zealand, we do expect privacy; we have the Privacy Act [legislation.govt.nz] which allows us to see what data is being held about us; unfortunately most here don't realize that with social media companies the data you share is not held under the laws of the country that you reside in but in the country where they get the best deal. Also the data you give them is theirs not yours; so good luck getting them to delete anything completely.
This is much more effort then just a few clicks; also it is really hard to write an automated script to get a person to scan and post pictures.
Don't trust the police or the government - Shihad: My mind's sedate.