If you allow that, do I not have the right to share that information with my friends? Strangers?
If I can do that as an individual, why does it change if I group together with other individuals and form a company?
If you allow that, do I not have the right to share that information with my friends? Strangers?
If I can do that as an individual, why does it change if I group together with other individuals and form a company?
It's a similar thing with patents. No one can really forbid (or enforce a ban) you from completely independently coming up with the same idea and executing on it in your garage for personal purposes. However if you then try to commercialize the same idea, you have to face the reality of the world of patents.
Presumably you don't mean your own life or data, or that of your friends and family where you can find consent.
So what's left is arguing for a right to remember strangers with high degree of accuracy, which is just fucking creepy no matter how you defend it.
And no, you don't have that right. Clearly trumped by the right to privacy. Unless you wanna defend some dude sitting outside your house (public property) recording you and your family's comings ans goings in a journal (which is already prohibited under most precedents around privacy, btw).
So unless it's some weird exercise in pedantry around accidental collection of background data (should you be forced to delete a photo because it has someone else in the frame? No but you shouldn't be able to make it _generally public_ either, a picture frame in your house is fine. Facebook is not) I've either missed something you or you lack obvious social skills? Help me out here
Here is an example that is not hypothetical. I know someone who was sexually assaulted by someone they knew. They went to the police, and charges were brought. However, there was not enough evidence to convict, and the perpetrator was not convicted.
The victim decided to write their story and publish it on their blog. They don’t want to sweep their assault under the rug, and they want other people to know what the perpetrator did to them. They want to protect other people who might not realize what the perpetrator is capable of, and warn them to beware. They also are trying to deal with the fact that they couldn’t get a conviction, and want to know that at least some good can from their experience in protecting possible future victims.
So do they have the right to publish this story? Do they have the right to tell friend and family and anyone who might be listening, “don’t trust this guy! He assaulted me and got away with it!”
I believe it is everyone’s fundamental right to share their experience, even if that includes someone else in them. Of course, this doesn’t mean you can slander anyone you want, but in this case they are telling the truth. Now, that truth wasn’t enough to convict, but it is enough to not be subject to defamation charges.
So should that person be prevented from naming names in their blog? Are they allowed to tell people who go on a date with the perpetrator, “hey, here is what happened to me, be careful.” Or is the perpetrator allowed to just sweep it under the rug and keep the victim silent?
Only if you don't make economic or work use of it. See Article 2, Paragaph 2 item c of the GDPR:
> Article 2- Material scope
>
> 1. This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
> 2. This Regulation does not apply to the processing of personal data:
> (a) in the course of an activity which falls outside the scope of Union law;
> (b) by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU;
> (c) by a natural person in the course of a purely personal or household activity;
> (d) by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
> (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.
Reminder that, "articles" are the regulations themselves, and "recitals" are kind of supplementary FAQ-style clarifications about how/when to apply the articles.
Granting whatsapp (or any other app that sends home a copy of the address book) access to the address book without the consent of everyone stored there might be a violation.