Hunting for “likes” is one of the main purposes of photos posted on social networking sites. But what to do if you did not expect such attention at all?
Most people have probably been in a situation where their photos have ended up on social networking sites without their knowledge. Whether the photo was posted by a friend after a wild party or a boss to promote the company’s latest product, there is a chance that the person in the picture has violated their privacy and has the right to request that the image be deleted.
If the photo was posted by a friend
If the photo was published by an acquaintance and the circle of people who will be able to view this photo is narrow and defined (for example, the user’s profile is closed or a mark is placed that only a few friends can see the image), then this should be considered data processing for private and household purposes . However, even in this case, if you see a violation of your privacy or simply do not want other people to see this image, you have the right to contact the publisher of the image and ask for the image to be deleted. However, in this case, personal data protection requirements will not apply.
If the photo was posted by a stranger
If a photograph was published by a stranger and it is not clear for what purpose it was done, and it can be viewed by anyone or by people who are not related to the person shown in the picture (for example, the publisher’s friends), then it is considered personal data processing. In this case, you have the right to contact the specific person with a request to delete the image, at the same time asking what is the legal basis of such data processing and where such information was obtained. You also have the right to contact the administration of the social network site with an explanation as to why, in your opinion, this data should be deleted.
If the photo was published by the boss
If the photo was published by the employer, you have the right to object. You can ask your employer to explain why such a photo has been published, if you were not informed about it beforehand.
If the photo was published by the media or journalist
If the photo is published by the media or a person working in journalism, it should first be taken into account that the public has the right to be informed about issues of public importance and the media has the right to disseminate such information. Since the publication of a specific person’s image may also affect the right of a private person to the inviolability of private life, the publisher of the material must ensure the balancing of all interests by evaluating whether the interference in the private life of a person is proportionate in relation to the contribution that the journalist wanted to make to society. It should also be evaluated whether the specific issue is essential in a socially important discussion or whether this information can be transferred to the responsible authorities for solving the problem.
If so, the processing of such data may be considered lawful for journalistic purposes, even if you have not consented to the publication of the image. But even in that case, you have the right to contact the particular journalist or the publisher of the image with a request to explain why the photo was published.
If a personal request to delete the image does not help
The requirements of the Data Protection Regulation also apply to private individuals, therefore, if the person who published the image does not respond to your request to delete it, the GDPR Privacy reminds that everyone has the right to contact the administration of the given social network site.
Social network sites offer the possibility to choose the “Report” option next to each published article, image and other information that contains personal data, in order to send a message to the administration of the social network site that this image should not be here.
Finally, the person has the right to apply to the national supervisory authority with an official application, adding evidence – links, screenshots, images – that indicate possible illegal processing of personal data.
All this will be useful if the publication of your photo offends you or raises concerns about the security of your rights. Even if you do not object to the photo being on a social network site, you have the right to contact the person who published it, as well as the administration of the social network site, and request information about the processing of your data.