Hacker News new | ask | show | jobs
by whyoh 111 days ago
>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.
2 comments
adamauckland 111 days ago
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.

link
whyoh 111 days ago
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.

link
trashb 111 days ago
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.

link