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posted by martyb on Sunday May 24 2020, @10:26PM   Printer-friendly
from the pics-or-it-didn't-happen? dept.

Wanna force granny to take down that family photo from the internet? No problem. Europe's GDPR to the rescue:

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).


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  • (Score: 2) by Absolutely.Geek on Tuesday May 26 2020, @02:42AM

    by Absolutely.Geek (5328) on Tuesday May 26 2020, @02:42AM (#999067)

    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.

    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.

    Anyone could scan and post anything from there.

    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.
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