Many personal data protection cases are directly about the processing of personal data on social networking sites and internet platforms, with a request to help delete data (published information), about a situation where someone has published photos, video recordings or other information that allows identifying an individual, these without a person consent or other lawful basis.
When making a publication available to an unspecified number of persons on social networking sites or other Internet sites (hereinafter referred to as platforms), responsibility must be taken for the processing of the data of such persons, as the processing of the data of such persons is subject to the requirements of the General Data Protection Regulation (Regulation), but the person who publishes the information in accordance Regulation is the Controller. For the storage of your information, the Controller will be the platform on which the publication is placed.
Regardless of whether the photograph was published by a friend or a stranger, there is a possibility that the privacy of the person appearing in the picture has been violated in this way, and he has the right to request the deletion of the picture (Article 17 of the Regulation). The data subject can request deletion from the profile holder (user) and also from the platform where the information is stored.
Practical considerations (for example, the possibility of unambiguously identifying the person to whom the application should be addressed) make it necessary to contact the platform maintainer in most cases. So that a person can more effectively realize the right to delete their personal data from the public environment, GDPR Privacy reminds that everyone has the right to contact a person who has published information on the platform with a request to delete a publication containing personal data (an entry on a social networking site).
Step 1
If a person finds that a friend or stranger has published information containing personal data (photograph, video recording or other information), then we invite you to initially contact the author of the publication, justifying your request with Article 17 of the Regulation.
Step 2
If the author of the publication refuses to delete the published information, which contains information identifying you as a private person, then you have the right to contact the administrator of the social network or website, justifying your request with Article 17 of the Regulation.
Step 3
Finally, the person has the right to apply to the national supervisory authority with an official application, attaching evidence – links, screenshots, images – that show that you have approached the author of the publication and/or the administrator of the social network or website with a request to delete information containing personal data.
To help people control the use of their data, social networking sites, email platforms and website operators are required to provide information about how their personal data will be used. This information is usually provided in the “Privacy Policy”.