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A place to discuss privacy and freedom in the digital world.
Privacy has become a very important issue in modern society, with companies and governments constantly abusing their power, more and more people are waking up to the importance of digital privacy.
In this community everyone is welcome to post links and discuss topics related to privacy.
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Great, thanks for the answer. But i need to make some sort of official request in order to be taken seriously, do i have to quote some specific GDPR laws in the email? I don’t want to ask it nicely and then wait for a response that goes “What ? Oh no, we can’t do that, you were part of the project of the school and the photos can’t be removed because it’s very important for the school to bla bla bla bla…”
The exact law you’ll want to quote depends on the exact country you reside in. GDPR itself is not a law, but an EU directive saying that all member nations have to put a law in their books with these specific conditions. So there’ll be a law in your country that has these clauses but might not be called GDPR.
Well but i can always rely on GDPR, right? I don’t know about any specific laws here in italy
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.
That’s very useful. Thank you for the explanation and your time spent making this comment. If they come up with some shit, i’ll definetly tell them the articles you stated
Shouldn’t be too hard to Google. Also there might be other laws on your side