Comment by amszmidt
10 hours ago
In Sweden, you're allowed to film/photograph in public without the need for any consent.
There is (in general) no expectation of privacy in public in Europe. How you can use the material though, is a different matter ...
Note that there is a difference between being allowed to take a photograph, and being allowed to share it. Unless you're threatening or harassing, you're mostly free to photograph as you want. But you might not be allowed to publish it.
An important distinction is that you are allowed to film/photograph when you are actively doing it (so the glasses do belong in that category). You're not allowed to set up a camera to autonomously film/photograph outside of your own private property.
Besides that there is the issue of publishing said footage, as others point out.
> you are allowed to film/photograph when you are actively doing it
Does it really count as "actively doing it" when the glasses are constantly filming while you do other stuff. With a phone/camera people can see you are filming or taking pictures. In many countries the shutter needs to make a sound when taking pictures. For video surveilance cameras a noticeable sign or sticker is needed.
Why not? FLOCK does. And for worse reasons.
In a general rule you can record. But sending it to Meta AI would be a AVG (GDPR) violation in the Netherlands if no consent is given as you share it with a third party. There is also the difference of recording a public place with people in the background and clearly recording someone: The first is fine, the second is not (without consent). You also cannot disable the recording light, doing so would put you up for libel en decency lawsuits (and libel and public decency can be criminal, not just misdemeanors).
So if you take a video of specific people looking at flowers at the Keukenhof you would have to ask them for permission if you are recording them primarily and publish it but recording for yourself is fine as it is a clearly public space. If you take a picture of all the flower and catch some people in it in the background you are fine. If you do it in a place where people do not expect it they can ask you to remove the video and they have to (e.g. in a restaurant when you are eating as it is not expected to be recorded there).
There are some exceptions for journalism, law enforcement and public good. I doubt strongly any Meta (AI) post would classify for that.
There is also the small caveat that if you can avoid recording innocent bystanders you must. E.g. putting up a doorbell camera and pointing it to the street instead of your door is bad as it's easily avoidable by putting it top down.
>sending it to Meta AI would be a AVG (GDPR) violation in the Netherlands if no consent is given as you share it with a third party.
Wouldn't that make "photo cloud backups" without consent illegal as well?
People do that all the time, sending private photos to Google, Apple etc.
People send their private photos to their private cloud backups with the reasonable expectation that those photos remain private and therefore not a privacy violation.
If it transpired Google or Apple had staff looking through people's cloud photo backups, yes this would be considered a violation because "cloud backup" is framed as a personal solution and not a hosting or processing solution.
Yes, actually the AVG (GDPR) is very broad in what it considers personal data.
Sadly that means it is not enforced well since it is too broad to be enforced in a meaningful way. And therefore it is violated A LOT, both by companies or people since no one can be bothered!
AVG (GDPR) includes the following things as personal data: name, address, phone number, passport photo, information about someone's behavior on websites, allergies, customer or staff numbers, recognizable recordings and more.
Rule of thumb, any information that can be used to relate a specific person.
Pretty much the same in Finland. You are allowed to film/photograph as much as you want in a public place, but publishing the material might be against the law depending on the contents. Particularly the law regarding "dissemination of information that violates privacy". It's fine to publish a photo of people walking on the street, but you'll probably get into trouble for uploading an arrest to YouTube where the suspect is recognizable.
Privacy of your image, not of your voice, at least as regards recordings.