Grandmother ordered to delete Facebook photos under GDPR
A woman has to delete the photographs of her grandchildren that she posted on Facebook and Pinterest without parental permission, she established a court in the Netherlands.
He ended up in court after a clash between the woman and her daughter.
The judge ruled that the matter fell within the scope of the General Data Protection Regulation (GDPR).
An expert said that the ruling reflects the “position that the European Court has taken for many years”.
The case went to court after the woman refused to delete the photographs of her grandchildren which she had posted on social media.
The children’s mother had repeatedly asked for the photos to be deleted.
The GDPR does not apply to “purely personal” or “family” data processing.
However, this exemption did not apply because the publication of photographs on social media made them available to a wider audience, the ruling said.
“With Facebook, it cannot be ruled out that the posted photos can be distributed and end up in the hands of third parties,” he said.
The woman must remove the photos or pay a fine of € 50 (£ 45) for each day she does not comply with the order, up to a maximum fine of € 1,000.
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If in the future she publishes more pictures of the children, she will be fined € 50 per day.
“I think the ruling will surprise many people who probably don’t think too much before tweeting or posting photos,” said Neil Brown, technology lawyer at Decoded Legal.
“Regardless of the legal position, would it be reasonable for people who posted those photos to think,” Well, he or she doesn’t want them out there anymore “?”
“In fact, the reasonable thing – the human thing to do – is to go and knock them down.”