You still thinking that you don’t have the right to photograph people in a public place and post them on photography forums for instance.
Beginning to think you’re trolling or you’re that dense that NASA might mistake you for a black hole.
Dude it literally states that they shall provides exceptions to former chapters as shown here
This is the exact text. I don’t know why you insist on pushing back. If you want to consult a solicitor to confirm then have at it, but it can’t be more clear than it is allowed under artistic or expression and that member states must provide exceptions to the chapters listed which includes the one you cited. Man alive!!!
1. Member States shall by law reconcile the right to the protection of personal data pursuant to this Regulation with the right to freedom of expression and information, including processing for journalistic purposes and the purposes of academic, artistic or literary expression.
2. For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, Member States shall provide for exemptions or derogations from Chapter II (principles), Chapter III (rights of the data subject), Chapter IV (controller and processor), Chapter V (transfer of personal data to third countries or international organisations), Chapter VI (independent supervisory authorities), Chapter VII (cooperation and consistency) and Chapter IX (specific data processing situations) if they are necessary to reconcile the right to the protection of personal data with the freedom of expression and information.
3. Each Member State shall notify to the Commission the provisions of its law which it has adopted pursuant to paragraph 2 and, without delay, any subsequent amendment law or amendment affecting them.
Yes, with the key difference being that it’s anonymous. Publicly viewable but the users can be as anonymous as they like.
You seem to be misunderstanding my hypothetical application and my street photography.
To make it abundantly clear, as per the discussions in the House of Commons / Lords, that taking photos of people in public is not limited by any law, stature, or rule.
So I am free to take whoever’s photo I choose and in fact that extends to publishing those photos online as the person in the photo isn’t easily identifiable, like you can’t get their name from it, they don’t have a right to stop publication simply because their face is shown providing the image isn’t defamatory, misleading, or used for commercial purposes.
UK GDPR may apply if:
- The subject is clearly identifiable, not incidental, and
- the photo is used in a context that processes or organises personal data (eg tagging, profiling, categorising people)
Key point Artistic and journalistic expression are except from most GDPR rules, under Article 85, if the images are published as part of legitimate artistic or documentary work.
So:
- A candid street photography posted to a gallery as art or commentary is generally exempt from GDPR
- A facial recognition project or tagging system using those images then GDPR applies fully.
So do you want to refute these claims when you’ve read Article 85 or concede, as conceded to your other points.
Also, your tone leaves something to be desired.
Edit: Furthermore, they are not a source of law they’re a source of an absence of law as was evidenced by those debates and Article 85 as I articulated above.
Is it really the people or just a subset of people that use Lemmy, the vast majority of people seemingly don’t care as is evidenced by the sheer number of people using things like social media.
What might be important to use in this echo chamber isn’t reflective of society on the whole.
You seem to want to me prove that a law doesn’t exist where it’s much easier for you to show me a law doesn’t exist.
You can read this House of Commons debate on the topic Here
Police officers have the discretion to ask people not to take photographs for public safety or security reasons, but the taking of photographs in a public place is not subject to any rule or statute. There are no legal restrictions on photography in a public place, and there is no presumption of privacy for individuals in a public place
Or you can read This debate from the House of Lords.
The taking of photographs in a public place is not subject to any rules or statute. There are no legal restrictions on photography in a public place … and the Home Secretary … expressed our desire to ensure that people are free and able to take photographs in public places
Seems pretty simple really. Although I will concede that processing or personal identifiable information, even if done ok device, would likely be a breach of GDPR.
As for your assertion that I habitually break GDPR, yeah sure in this hypothetical scenario, but thankfully as a software engineer we have a team that handles this for us.
Exactly. My understanding is that you use incognito mode if you don’t want the browser autofilling pornhub.com when you type po in the search bar.
Didn’t they bring the planes back?
Like I hate the guy, but not really seen a president call out Israel like he did and dropping an F bomb.
I know that because I do a lot of street photography and there is no law in the UK forbidding photography of people in public spaces, it’s quite easy for you to Google this but I can’t provide you with a law condoning it as that’s not how it works.
Again show me in GDPR where it expressly forbids marching a face to a public dataset.
I’d have to research 4, but I know for a fact taking a photo of someone in public is protected as you have no right to privacy in public, it’s also not the subjects business what I intend to do with it, so things like posting online might be subject to GDPR but if i wanted to build an app like the one in this post then I would do what they did and have it all on device so it technically isn’t uploaded anywhere.
I would need a law showing that matching a face against publicly available datasets of faces is illegal as that seems insane and difficult to police.
Yes, 3 I agree with as it would fall under GDPR as identifiable information.
It’s one of the reasons I use Lemmy a little less these days as it’s evident to me that it’s an echo chamber for a tiny subset of humanity and at times it just feels like a circle jerk where real change isn’t an option.