Comment by consp
11 hours ago
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.
Google and Apple's staff do look at people's photos, at least occasionally. The typical excuse is detecting rule violations.
It's not the same as doing this systematically (like Meta here), but these are shades of gray. A serious privacy law would prohibit both.
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.