Grandmother’s refusal to Remove photos from Facebook is Testing a privacy-rights
dealing with photos of children and grandchildren to be a private issue is in the rule.
Not in the case of a Dutch grandmother.
A woman’s refusal to remove photos of her grandchild on Facebook and Pinterest opens into the court in the Netherlands, this month is turning what began as a family dispute into a broader test of the limits of internet privacy laws. A judge in the province of Gelderland, in the Eastern part of the country, decided that a grandmother was prohibited from photos on social media of her three grandchildren without the permission of the daughter, the mother of the children.
The District Court judge said that the grandmother had, against Europe’s sweeping internet privacy bill, called the General data protection regulation, or G. D. P. R. In the Netherlands the G. D. S. R provides that the posting year old pictures of minors under the age of 16 need the consent of their guardians, according to the website of the court.
The women, whose name was not in the court documents, about a year ago and was not in regular contact, according to filings at the court hearing. After the mother of the children will be asked for the images have been deleted, without the desired effect, she took the case to court.
The case has law attention due to its novel application of the internet privacy. Adopted two years ago, the G. D. P. R. will be considered as a possibility for the governments to crack down on the collection of data from large companies such as Facebook and Google. But the law also opened to restrict the individual to new possibilities of how your personal data is collected, shared and stored online.
“This is to my knowledge the first case, in the G. D. P. R. is used to determine a family dispute,” said Arnoud Engelfriet, a lawyer specializing in internet law at the ICTRecht, a law firm in the Netherlands. “This law gives private individuals a lawsuit against both companies, governments, and individuals in violation of their privacy. We rarely see this in practice due to the cost, but it’s quite possible.”
Mr. Engelfriet, said he “fully expects” other use of the data protection laws in similar conflicts in the future, although he noted, that the freedom of expression rules that could restrict attempts.
Tijmen Wisman, a data privacy lawyer and lecturer at the Vrije University in Amsterdam, said the decision will be applied to a lot of questions about how data protection laws, and the power people have the force information centre. “There will always be conflicting interests in the application of this type of human rights,” he said.
In the Netherlands, the judge ordered the grandmother to delete all photos of her three grandchildren from Facebook and Pinterest within 10 days. For every day after that, the woman incurred a fine of a minimum of Euro 50, – (around $54) per day.
the oldest of The three children, a 14-year-old boy, lived with his grandmother from 2012 to 2019, according to the court, and during and after this time she posted pictures of all three on Facebook and Pinterest, without asking your daughter’s permission. The daughter has sole custody of the two younger children; you and your ex-partner for custody of the oldest child. Neither parents approved of the publication of the images, according to the judge’s decision.
told The grandmother to the judge that you already have down most of the pictures, but asked if she could keep a picture of your oldest grandchild on your side, because you said you had a special relationship with the boy.
The judge said no.
Released on Fri, 22 may 2020 15:10:54 +0000