Grandma Ordered To Delete Grandchildren’s Photos From Facebook Or Pay Fine
A grandmother from the Netherlands has been ordered to take down photos of her grandchildren that she posted on Facebook and Pinterest or pay a fine.
The court order comes after she was sued by her daughter for posting the photos without legal consent.
According to the European Union’s GDPR directive, photos of children up to the age of 16 can only be posted online with the consent of their parents.
It is gathered that the grandmother refused to take down the photos of her three grandchildren aged 15, 6 and 5. The argument about the photos has reportedly been going out for a year before the lawsuit.
Citing her reason for suing her mother, she said that she did not want her children’s photos exhibited on the internet and that the public photos “seriously violated their privacy”.
A judge agreed with the mother and ordered the grandmother to either remove all the photos of her grandchildren within 10 days or face a fine of 50 euros per day for every day the photos were accessible on her Facebook and Pinterest pages, up to a total of 1,000 euros.
The judge’s ruling states that if the grandmother posts any other photos of her underage grandchildren in the future, she will have to pay a fine of 50 euros for each day the photos are publicly available on her social media accounts. Her daughter had asked the judge for a penalty of 250 euros per day, but apparently the court considered that too excessive.
The grandmother who says she respects her grandchildren’s privacy has since removed the majority of the photo. She tried keeping one photo of them on both Facebook and Pinterest but because her daughter had not given her permission, she was ordered to take that down too.
GDPR rules typically don’t apply to “purely personal” or “household” processing of data, but in this case the judge ruled that by posting the children’s pictures on Facebook, the grandmother made them available to a wider audience.
“With Facebook, it cannot be ruled out that placed photos may be distributed and may end up in the hands of third parties,” the ruling read.
Interestingly, four years ago, before GDPR was even a thing in the EU, an Austrian girl sued her parents for posting what she considered an embarrassing photo of her on Facebook and refusing to take it down.