Facebook : a grandmother's compulsion to remove the pictures of her grandchildren - The Point

putting pictures of her grandchildren on Facebook, the mother of all the Dutch thought a priori not to do evil. And yet, it has been condemned by justice to rem

Facebook : a grandmother's compulsion to remove the pictures of her grandchildren - The Point

putting pictures of her grandchildren on Facebook, the mother of all the Dutch thought a priori not to do evil. And yet, it has been condemned by justice to remove such photos. This is the mother of the children who brought the case before the Dutch court, reports Numerama. She had on several occasions asked his mother to remove the photos, requests that have remained a dead letter, and as she holds the parental authority, it has decided to move on to the next step.

Up to 1 000 euros fine

The judges considered that this case fell within the scope of the general regulation, the european data protection, the famous RGPD, given that Facebook is a community site, that the page of the grandmother was open to the public, according to BFM TV, and the photos could therefore end up in the hands of third persons. The photos in question are, therefore, more in the private sphere. In addition, to publish photos of children, all aged under 16 years of age and therefore minors, justice of the netherlands said that it takes the agreement of the parents, the grand-mother was not.

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The grand-mother will therefore have to withdraw the more quickly the photos or pay a fine of 50 euros for each day of delay, and 1 000 euros to the maximum. If they post on Facebook new pictures of the children in the future, it will have to pay 50 euros more per day. If the case took place in the netherlands, it could very well be held in France, notes Numerama, in which justice could be based on article 9 of the civil Code, which states : "Everyone has the right to respect for his private life. The judges may, without prejudice to compensation of the damage suffered, prescribe all measures, such as sequestration, seizure and others, to prevent or stop a violation of the intimacy of private life. "

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Updated Date: 23 May 2020, 13:33

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