Court Rules Grandmother Need To Get Rid Of Pictures of Her Grandchildren From Facebook

Illustration for article titled Court Rules Grandma Must Remove Photos of Her Grandchildren From Facebook

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It seems that the European Union’s digital personal privacy protections aren’t simply a handy way to keep the Facebooks and Googles of the world from snooping into your individual life. According to a current < a data-ga="[["Embedded Url","External link","https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBGEL:2020:2521&showbutton=true&keyword=AVG",{"metric25":1}]] href=" https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBGEL:2020:2521 & showbutton= true & keyword= AVG" rel =" noopener noreferrer" target=" _ blank" > court ruling in the Netherlands, these same protections can use to excessively intrusive family members, too.

First< a data-ga="[["Embedded Url","External link","https://www.theregister.co.uk/2020/05/22/gdpr_grandmother_facebook/",{"metric25":1}]] href=" https://www.theregister.co.uk/2020/05/22/ gdpr_grandmother_facebook/" rel=" noopener noreferrer "target=" _ blank" > in-depth in the Register, the case included a Dutch granny who declined to erase images of her” underage “grandchildren from social media, despite their mother’s protests. As the Register discusses, the grandmother and her daughter had not touched for approximately a year due to a” family argument.” Among the problems, obviously, was the granny’s rejection to take down pictures of her child’s 3 kids from her Facebook account, and in February, these problems reached the regional cops.

The granny continued neglecting the authorities’ requests– and, per the docket, continued upgrading her page with more pictures of these grandkids– so the tiff was brought to justice. This resulted in the Grandma removing all of the photos, save for among the grand son she ‘d cared for from 2012 to 2019, when he was coping with her. In this case, neither the kid’s mother nor his father had actually granted the picture being shared on social networks.

As it so occurs, the Dutch < a data-ga="[["Embedded Url","External link","https://wetten.overheid.nl/BWBR0040940/2018-05-25",{"metric25":1}]] href=" https://wetten.overheid.nl/BWBR 0040940/2018-05-25" rel=" noopener noreferrer" target=" _ blank" > specifications surrounding the EU’s basic information defense guideline– also referred to as GDPR– need the approval of a legal guardian when posting intel about anyone under the age of16 Normally, something that could be thought about a” personal” or” domestic” activity( which, ostensibly, includes publishing photos of your grandkids) falls outside of the GDPR’s securities. But as the court docket notes:

It can not be ruled out that posting a picture on a personal Facebook page falls under a simply personal or household activity, [because] it has not been adequately established how[defendant] her Facebook account or her Pinterest account has been set up or safeguarded.

Searching for the names of a grandkid using an online search engine, they discussed, might easily turn up these photos, considering that photos on the majority of social networks profiles are one of the < a data-ga ="[["Embedded Url","Internal link","https://gizmodo.com/zoom-has-a-google-problem-1842902393",{"metric25":1}]] href="https://gizmodo.com/zoom-has-a-google-problem-1842902393" > numerous, numerous things that are instantly indexed by business like Google. So even though posting an image of your kids (or grandchildren) might be technically considered domestic, it’s still something that can have quite significant ramifications in the non-personal world.

The Dutch courts offered this grandmother 10 days to take the images down, threatening a fine of EUR5000(or roughly $55) for every day the image remains published, up to a maximum of EUR1,00 0, or simply over $1,090 It’s unclear if she’s taken the pictures down by now, but hopefully this will make her hesitate before putting these grandkids on display.

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