GushMy school uploaded photos of me on instagram without my consent
ZoldyckTell your school you don’t want your picture to be online (on Instagram) and ask them to remove it.
If i do that i’ll probably be targeted by the school staff and the people in that photo as an idiot that is scared to show his faces on photos, and if i explain that it’s a matter of privacy then i’d probably look weirder
Control of one's image is pretty important these days, even to teenagers. And the school should not be posting identifiable pictures of its students without consent.
The thing is that these photos are from sort of a school event, and i’m in all of them. I don’t think they’d be willing to remove them because of me. The school’s interest by posting that was to attract more people that may be willing to join the school next year. I don’t think they will comply at all, and no, i didn’t sign anything and i’m 100% sure they don’t have my consent
So since you mention Erasmus, I'm guessing you're in the EU.
For those unaware, Erasmus is an EU-wide foreign exchange program for students at university level ^see ^edit
If you didn't sign a waiver and request to be removed from their IG, they will comply. It's literally illegal for them not to. As you're legally an adult, permission from parents doesn't mean shit.
It's not even that big a deal for them. They can just use photos you aren't even in, or crop you out of ones where you're on the edge.
Don't be afraid to stand up for your basic rights. There might be others that feel pressured just like you do. I had to do something very similar during my time at uni. I can tell you now, everyone respects, and no one fucks with, someone who can and will hit back.
EDIT. Correction: Erasmus was once university-only. It has since been opened up to secondary schoolers.
Great, thanks for the answer. But i need to make some sort of official request in order to be taken seriously, do i have to quote some specific GDPR laws in the email? I don’t want to ask it nicely and then wait for a response that goes “What ? Oh no, we can’t do that, you were part of the project of the school and the photos can’t be removed because it’s very important for the school to bla bla bla bla…”
The exact law you'll want to quote depends on the exact country you reside in. GDPR itself is not a law, but an EU directive saying that all member nations have to put a law in their books with these specific conditions. So there'll be a law in your country that has these clauses but might not be called GDPR.
Well but i can always rely on GDPR, right? I don’t know about any specific laws here in italy
Shouldn't be too hard to Google. Also there might be other laws on your side
You can quote GDPR directly, I do it all the time and the French regulator (CNIL) does it too. The member state’s backing law is an implementation detail.
I recommend asking informally first. If that does not work, you can remind them of their obligations under GDPR. You can mention article 6 of GDPR, which specifies a list of valid basis for the processing of personal data (typically getting direct consent). You will have to check you did not previously give consent to this processing, however. In any case, if you did, you are allowed to retract it at no conditions.
My experience of fighting companies on GDPR grounds is that they often come up with bullshit about “legitimate interest” (article 6 point f) to pretend they are using a legitimate basis. I don’t expect it would be necessary but if you want to have a stronger legal claim, you can instead claim that their processing is unlawful under article 9, as a photograph is personal data revealing ethnic/racial origin. One caveat: if you gave them consent for this, this does not apply.
In any case, even if you have given previous consent, you can request that your personal data is erased under article 17 point 1b. Because they made it public, they will have to also remove it from public places to the extent of what is possible (article 17 point 2). This would typically mean that they have to remove it from Instagram also.
That’s very useful. Thank you for the explanation and your time spent making this comment. If they come up with some shit, i’ll definetly tell them the articles you stated