Bill Pierce
Well-known
For now, Europe. Keep your fingers crossed.
https://petapixel.com/2018/05/30/how-bad-is-gdpr-for-photographers/
https://petapixel.com/2018/05/30/how-bad-is-gdpr-for-photographers/
Timmyjoe
Veteran
Well that's chilling. Had not previously heard about it. Thanks for the heads up.
Best,
-Tim
Best,
-Tim
valdas
Veteran
That’s a lot of misinterpretation and speculation. Yes, quite a bit of uncertainty because of lack of understanding, surely, it can cause some tension, but in general it targets quite differnt audience. And it’s is Mr Zuckerberg should keep fingers crossed, not most of the street shooters.
ptpdprinter
Veteran
I am a lawyer, and the GDPR, its impact on photographers, and its interface with member country laws is confusing to say the least. I'll wait to read some learned articles in legal journals rather than clickbait on Petapixel before coming to any conclusions.
valdas
Veteran
Just a quick quote from the regulation:
153)
Member States law should reconcile the rules governing freedom of expression and information, including journalistic, academic, artistic and or literary expression with the right to the protection of personal data pursuant to this Regulation. The processing of personal data solely for journalistic purposes, or for the purposes of academic, artistic or literary expression should be subject to derogations or exemptions from certain provisions of this Regulation if necessary to reconcile the right to the protection of personal data with the right to freedom of expression and information, as enshrined in Article 11 of the Charter. This should apply in particular to the processing of personal data in the audiovisual field and in news archives and press libraries. Therefore, Member States should adopt legislative measures which lay down the exemptions and derogations necessary for the purpose of balancing those fundamental rights.
153)
Member States law should reconcile the rules governing freedom of expression and information, including journalistic, academic, artistic and or literary expression with the right to the protection of personal data pursuant to this Regulation. The processing of personal data solely for journalistic purposes, or for the purposes of academic, artistic or literary expression should be subject to derogations or exemptions from certain provisions of this Regulation if necessary to reconcile the right to the protection of personal data with the right to freedom of expression and information, as enshrined in Article 11 of the Charter. This should apply in particular to the processing of personal data in the audiovisual field and in news archives and press libraries. Therefore, Member States should adopt legislative measures which lay down the exemptions and derogations necessary for the purpose of balancing those fundamental rights.
Franko
Established
Well, that's enough for me. I'ma takin my huntin gun and my choppin axe and I'ma goin up in the hills and I ain't never comin back.
ptpdprinter
Veteran
It contemplates that members states should take proactive steps to establish exceptions. Will they do so? Uniformly? Do laws or judicial decisions already on the books meet the requirement? If so, nothing has changed.Just a quick quote from the directive:
153)
Member States law should reconcile the rules governing freedom of expression and information, including journalistic, academic, artistic and or literary expression with the right to the protection of personal data pursuant to this Regulation. The processing of personal data solely for journalistic purposes, or for the purposes of academic, artistic or literary expression should be subject to derogations or exemptions from certain provisions of this Regulation if necessary to reconcile the right to the protection of personal data with the right to freedom of expression and information, as enshrined in Article 11 of the Charter. This should apply in particular to the processing of personal data in the audiovisual field and in news archives and press libraries. Therefore, Member States should adopt legislative measures which lay down the exemptions and derogations necessary for the purpose of balancing those fundamental rights.
krötenblender
Well-known
That is just the usual internet-BS at its finest, about the same level of wisdom as "in the US black photographers wearing a tripod will get shot"...
Read this: http://www.fotocommunity.de/blog/fotografisches/informationen/dsgvo-fuer-fotografen
You might need google translate... But the writer is a lawyer specialized on media- and data-protection-law and works for one of the biggest photo-communities in Germany. In opposite to Petapixel that man knows, what he is writing about.
Mixing up buzzwords, spreading fear and uncertainty is what makes photography kaputt - not that European law (although doesn't make things easier also). I'm really annoyed by this spreading of misinformation without at least a very little bit of research und use of common sense beforehand.
Read this: http://www.fotocommunity.de/blog/fotografisches/informationen/dsgvo-fuer-fotografen
You might need google translate... But the writer is a lawyer specialized on media- and data-protection-law and works for one of the biggest photo-communities in Germany. In opposite to Petapixel that man knows, what he is writing about.
Mixing up buzzwords, spreading fear and uncertainty is what makes photography kaputt - not that European law (although doesn't make things easier also). I'm really annoyed by this spreading of misinformation without at least a very little bit of research und use of common sense beforehand.
valdas
Veteran
It contemplates that members states should take proactive steps to establish exceptions. Will they do so? Uniformly? Do laws or judicial decisions already on the books meet the requirement?
The right of freeedom of expression remains a fundamental right in EU’s Charter of Fundamental rights. No directive can replace it.
seany65
Well-known
Here's a link to an article I found while on the USSRphoto forum:
https://petapixel.com/2018/05/30/how-bad-is-gdpr-for-photographers/
https://petapixel.com/2018/05/30/how-bad-is-gdpr-for-photographers/
valdas
Veteran
Here's a link to an article I found while on the USSRphoto forum:
https://petapixel.com/2018/05/30/how-bad-is-gdpr-for-photographers/
Why do people read “facebook” type news (not even written by a laywer) rather than an actual document? As it was said above - it is just BS...
Ko.Fe.
Lenses 35/21 Gears 46/20
Taking PP articles seriously? Common, they are bunch of party poopers.
Huss
Veteran
If this was the case, all those CCTV cameras that the authorities use everywhere are illegal.
Chew on that for a moment.
Chew on that for a moment.
valdas
Veteran
If this was the case, all those CCTV cameras that the authorities use everywhere are illegal.
Chew on that for a moment.
And we’d all go back to Nokia 3310...
seany65
Well-known
If this was the case, all those CCTV cameras that the authorities use everywhere are illegal.
Chew on that for a moment.
But what about those times when we are told not to take photos in/on private property, such as cafes that have cctv? Surely they'd use the argument that it's different as they are for crime prevention?
cz23
-
Why do people read “facebook” type news (not even written by a laywer) rather than an actual directive? As it was said above - it is just BS...
I tried reading it but didn't get very far or much clarity. Eight-eight pages of legalese and tough reading.
Incidentally, it's not a directive but a regulation, which I understand is more binding and leaves less up to EU member states.
It's my understanding that GDPR cannot supercede laws that allow photographing and displaying people for artistic purposes. But the human face is considered biometric data, and if you're in the business of photographing people in the EU, there could be implications.
Over the past two years, a whole industry has blossomed to help companies comply. The fines for violations are very steep.
John
valdas
Veteran
I tried reading it but didn't get very far or much clarity. Eight-eight pages of legalese and tough reading.
Incidentally, it's not a directive but a regulation, which I understand is more binding and leaves less up to EU member states.
It's my understanding that GDPR cannot supercede laws that allow photographing and displaying people for artistic purposes. But the human face is considered biometric data, and if you're in the business of photographing people in the EU, there could be implications.
Over the past two years, a whole industry has blossomed to help companies comply. The fines for violations are very steep.
John
Yes, you are right, a regulation, my mistake, it actually replaces the directive 95/46/EC...
Surely, there could be implications, but all the panic of how bad it can be for street photography is a big exaggeration.
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