0
6
DeserticDesert

@lemmy.world

DeserticDesert 4 points 3 years ago

You can quote GDPR directly, I do it all the time and the French regulator (CNIL) does it too. The member state's backing law is an implementation detail.

I recommend asking informally first. If that does not work, you can remind them of their obligations under GDPR. If you have not given consent for this, you can mention their processing is unlawful under article 6 of GDPR, which specifies a list of valid basis for the processing of personal data (typically getting direct consent). You will have to check you did not previously give consent to this processing, however. In any case, if you did, you are allowed to retract it at no conditions.

My experience of fighting companies on GDPR grounds is that they often come up with bullshit about "legitimate interest" (article 6 point f) to pretend they are using a legitimate basis. I don't expect it would be necessary but if you want to have a stronger legal claim, you can instead claim that their processing is unlawful under article 9, as a photograph is personal data revealing ethnic/racial origin. One caveat: if you gave them consent for this, this does not apply.

In any case, even if you have given previous consent, you can withdraw the consent and request that your personal data is erased under article 17 point 1b. Because they made it public, they will have to also remove it from public places to the extent of what is possible (article 17 point 2). This would typically mean that they have to remove it from Instagram also.

path: 0 3930976 3931201 3931291 3932135 3934159 3934983 3938687 3940167 3990812, hotness: undefined, score: 4, children: 1
DeserticDesert 2 points 3 years ago

That’s not how it works at all lmao. I recommend you read article 4 point 1 of GDPR (and point 2 for good measure). It really is enlightening!

path: 0 3943337 3943663 3944063 3944333 3956583 3962116 3986821 3999620, hotness: undefined, score: 2, children: 0
DeserticDesert 1 point 3 years ago

You can always retract consent and request deletion of personal data after the facts, no justification needed (GDPR article 17).

path: 0 3933302 3990861, hotness: undefined, score: 1, children: 0
DeserticDesert 0 points 3 years ago

Why do you use this tone?

path: 0 4809907 4820181 4823759 4826115 4833831, hotness: undefined, score: 0, children: 0
DeserticDesert 0 points 3 years ago

That is remarkably not the case in the European Union. There is no exception to GDPR with respect to public places. The only legal basis for using public personal data without consent is to do it under legitimate interest basis (GDPR article 6, very specific exceptions exist). In that case, you must use the public data in a way that the data subject would reasonably expect (GDPR recital 47). Taking a picture of somebody in a public place and sharing it without them knowing is definitely unlawful, assuming free consent was not given.

path: 0 3932434 3990971, hotness: undefined, score: 0, children: 0
DeserticDesert -6 points 3 years ago

This year is an anomaly because nuclear production was low because some power plants had to shut down for maintenance. Germany typically imports power from France.

path: 0 4809907 4820181 4823759, hotness: undefined, score: -6, children: 3

thanks for using Leebra!

go to feed...