The European court demanded that the grandmother has removed photos of his own grandchildren from Facebook because the publication was made without the consent of the parents of a minor, reports the BBC. It is noted that the relevant order was made taking into account the current European Union Common regulation on data protection, which entered into force two years ago. The Dutch court ruled that the grandmother should delete all pictures of her grandchildren, published in Facebook and Pinterest as they were posted without the consent of the parents of children, informs “bi-Bi-si”. When making a decision the judge was guided by the provisions of the General regulation on data protection (GDPR) applicable in the European Union.
It is reported that the case went to trial because of the conflict between the woman and her mother, who refused to remove pictures of the grandchildren on social networks.
The daughter of the defendant several times asked her to remove the pictures because he was against the publication, but all her requests were ignored.
As the newspaper notes, the decision of the Dutch court “reflects the position that the European Union has held for many years.”
It is known that the provisions of the GDPR does not apply to “personal” and “domestic” processing of personal data, but this exception didn’t work in this case because the publication of photos on social media makes them public.
“Given that photos posted to Facebook, there is no guarantee that these images, in the end, will not be in the hands of third parties”, — follows from the decision of the court.
Now grandma will have to remove the photos or pay a penalty of €50 for each day for failure to fulfill the decisions of the court up to a maximum amount of €1000.
According to the lawyer in the field of technology Decoded Legal Neil brown, this case will give many users of the social networking food for thought.
“I think the decision [of the court] will surprise a lot of people who probably don’t think before you post them to Twitter or to upload photos. Regardless of the legal position, it would be wise to have people who post pictures of, think about whether the depicted man to have his pictures were on the Internet. It seems to me that [for the defendant] the most appropriate action will be removing these photos,” said Brown.
General rules on data protection, or GDPR, entered into force in May 2018. This is a collection of laws that define the rules of storage, use, and collect user information of citizens of the European Union. These rules apply not only to social networks, instant messengers, dating sites, and other services that are directly related to the personal information of the user but generally to any organizations and services that receive information in electronic form.
At the same time, the GDPR rules apply to all legal entities working with personal data and carrying out activities in the territory of the European Union, regardless of where they are registered
For non-compliance with the rules and regulations of the GDPR fines are provided, the upper bar of which is set at € 20 million, which is a tangible blow even for market giants, such as Microsoft or Google.