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PDPF · Question #47

After appearing in a photo posted by a friend on a social network, a person felt embarrassed and decided that he wants the photo to be deleted. According to the General Data Protection Regulation…

The correct answer is B. True. controller is the Social Network, as it performs the processing of the photos. Therefore, the owner has the right to delete this photo. For domestic purposes, data collection is not intended for professional or commercial purposes. Examples are the get-togethers of friends and…

Rights of the data subject

Question

After appearing in a photo posted by a friend on a social network, a person felt embarrassed and decided that he wants the photo to be deleted. According to the General Data Protection Regulation (GDPR), does that person have the right to delete this photo?

Options

  • AFalse
  • BTrue

How the community answered

(56 responses)
  • A
    14% (8)
  • B
    86% (48)

Explanation

controller is the Social Network, as it performs the processing of the photos. Therefore, the owner has the right to delete this photo. For domestic purposes, data collection is not intended for professional or commercial purposes. Examples are the get-togethers of friends and family where we can collect names, phone numbers, e-mails to facilitate the organization, as well as taking pictures to record the moment. Now if you have a blog where you can record several moments with your friends and you monetize it in some way - watch out! - you are under the scope of GDPR. Whereas Recital 18: "This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity. Personal or household activities could include correspondence and the holding of addresses, or social networking and online activity undertaken within the context of such activities. However, this Regulation applies to controllers or processors which provide the means for processing personal data for such personal or household activities."

Topics

#right to erasure#right to be forgotten#social media#data subject rights

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