GDPR. An abbreviation that is currently causing a lot of uncertainty. This uncertainty is currently being reinforced on Facebook with a sharepic.
The GDPR comes into force on May 25, 2018. And with that comes a huge amount of inquiries and uncertainty about the content. First of all: No, Mimikama cannot and does not want to presume to be able to interpret the General Data Protection Regulation unambiguously and precisely in all its facets. This article does not constitute legal advice.
What we can say so far: The EU GDPR, or the General Data Protection Regulation, is a new law that is intended to regulate the new regulation of data protection across Europe. This concerns both the processing of personal data and the transfer of this data.
(Screenshot: Facebook)
But what is “Personal Data”?
With the GDPR, the EU has stipulated that everything that serves to accurately identify a person is personal.
And here we come across the problem that is often discussed on the Internet: taking pictures and sharing them online. The good news first. The images that you have already uploaded are not affected by the GDPR.
But what about from May 25th? At this point, opinions differ and as the saying goes: 3 lawyers, 5 opinions, everyone seems to have a different point of view . There are alarmists, relativists, many self-proclaimed experts who speak out, but also experts who prefer not to speak out (yet).
“Too many myths and dangerous half-knowledge about the new European data protection law” is a title on the Law 2.0 . Existing myths about the GDPR are highlighted here. The website Rechtambild.de says:
Taking photos in times of GDPR – major scaremongering is inappropriate
The GDPR is coming – and with it the scaremongering on the internet. We consider this to be fundamental and, particularly in the area of photography, excessive. Hence our position on photo law, the KUG and the GDPR.
According to the prevailing opinion, the existing art copyright law (KUG, KunstUrhG) should continue to apply. But as long as courts have not ultimately dealt with relevant cases, legal uncertainty is likely to continue. However, we can say about the sharepic (shown above) that it clearly falls into the “scaremongering” category.
Author: Jakob Schmidtgen, Mimikama.at
Notes:
1) This content reflects the current state of affairs at the time of publication. The reproduction of individual images, screenshots, embeds or video sequences serves to discuss the topic. 2) Individual contributions were created through the use of machine assistance and were carefully checked by the Mimikama editorial team before publication. ( Reason )