Grandmother ordered to delete Facebook photos under GDPR

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A woman must delete pictures of her grandchildren that she posted on Fb and Pinterest with out their folks’ permission, a courtroom docket throughout the Netherlands has dominated.

It ended up in courtroom docket after a falling-out between the woman and her daughter.

The decide dominated the subject was once at some degree of the scope of the EU’s Basic Recordsdata Safety Regulation (GDPR).

One professional talked about the ruling mirrored the “trustworthy that the European Courtroom has taken over a very long time”.

The case went to courtroom docket after the woman refused to delete pictures of her grandchildren which she had posted on social media.

The mum of the children had requested plenty of circumstances for the images to be deleted.

The GDPR would not apply to the “purely personal” or “family” processing of recordsdata.

Nonetheless, that exemption did not apply this capability that of posting pictures on social media made them readily accessible to a helpful broader viewers, the ruling talked about.

“With Fb, it will probably nicely perhaps not be dominated out that positioned pictures might be disbursed and might perhaps nicely find yourself throughout the fingers of third events,” it talked about.

The woman must bewitch away the images or pay a neatly-behaved of €50 (£45) for on a long-established basis that she fails to evolve with the repeat, as much as a most neatly-behaved of €1,000.

If she posts extra pictures of the children in the future, she might be fined an extra €50 a day.

“I belief the ruling will shock relatively plenty of different of us that probably kind not belief too nice earlier than they tweet or submit pictures,” talked about Neil Brown, a know-how legal professional at Decoded Appropriate.

“Whatever the precise trustworthy, would or not it is low-cost for the other of us that’ve posted these pictures to belief, ‘Correctly, she or he would not need them obtainable anymore’?”

“In actuality, a budget factor – the human factor to enact – is to change and bewitch them down.”

4 COMMENTS

  1. I'm not surprised. Parents have ultimate authority over things affecting their children.

    If Mom says no, why should Grandma be allowed to publically(!) post photos, for the whole world to see?

    Edit: keep in mind that at least in my country you need permission from the person depicted when publishing a photo of him (with exceptions for important events, important people and so on).

    And parents act in stead of the child, legally. When the parents say "no", legally the child has said no.

  2. The verdict [1, Dutch] is somewhat less interesting than it seems since it was a summary proceedings with both lawyers (and the judge) not really versed in GDPR and due to covid quite limited interaction.

    The grandmother could have argued legitimate interest (she is a grandmother and took care of one of the children) and have demonstrated limited visibility (now there was no mention of posting publically or not, so the judge went with publically) and the case would have started to get interesting.

    Now it was just a slam dunk. No permission, no argument for use case under GDPR, done.

    [1] https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:…

  3. Does this mean that, broadly, under GDPR if anyone in any photo you've ever taken and put on social media complains, you have to take it down?

    Or is this because the subjects are minors? Or some other technicality, like whether or not the photos were taken in a public place or similar?

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