Meetup photo disgust

[Doglover321]

I’m the Organizer of a popular Meetup group and we recently had our large 1 Year Anniversary event in a local pub. Ahead of the event, I decided to post that we will have a group photo at 8pm for anyone who wants to, and then went around and reminded members just before 8pm that we’re about to take our group photo and they can be in it if they want. There were about 50 of us in attendance, but I specifically remember speaking to two new members and asking them if they want to be in the group photo, to which they responded that they absolutely did. They are pictured in the photo smiling and posing!

HOWEVER, one of these new members has two months later changed her mind and been ordering that the photo is deleted and taken down from all platforms - including Meetup itself, that she didn’t consent, etc.

Where do I stand on this, please?! Don’t tell me I’m going to get them to fill in photo consent forms going forward?!?!

Our school uses an iPhone app to stick a smiley face over the kids faces. It's only one or two kids as most parents allow them to be on the school website, but it works well for those who don't.

Which is irrelevant anyway if you're still being awkward and ignoring her.

She's not the brightest bulb is she? Changing her mind two months later.

In fact unwatching as I think the OP is getting something out of keeping this going herself and is just trying to justify her own actions.

Baby Reindeer?

Taking the photo, no - posting it on a publicly hosted platform to promote a meet-up group, which is what I understand is the case here, yes.

we've been over the legalities of this many times upthead @Cyb3rg4l and no-one has managed to clearly post why this is an issue except spluttering ‘but…GdPR’

there’s nothing legally wrong in what op has done. At all. If there is then please inform the exact issues with the appropriate laws

Not really

😆 What 'actions?' The OP has done nothing wrong. The woman is in the wrong here. Silly, precious, entitled mare she is!

OP, ignore the batshit woman - who is demanding you take the photos down! She sounds like she's not firing on all cylinders!

When OP published the photo on SM to promote a meet-up group she became a data processor under GDPR and her Article 6 legal basis was consent. As a data subject under Article 17 the subject of the photograph has a right to erasure upon request. As a data processor OP has a legal obligation to accede to that request. The same rights and responsibilities are set out in the DPA 2018, which is what actually governs us in the UK, but to stay on topic I’ve quoted GDPR articles as they apply in OP’s circumstances. This wasn’t a random photo taken in a public place with no identifiable data and no commercial usage even though no money changed hands. This is such a simple situation to put right and keep everyone happy, I’ve no idea why OP is taking such issue with it to be honest. It is at best mildly irritating having a person whose face is blurred out spoiling your picture, but then why not just take another picture with them not in it and be done?

Just blur her face, OP! Honestly!

Clear and educated response. Enlightening!

When OP published the photo on SM to promote a meet-up group she became a data processor under GDPR and her Article 6 legal basis was consent. As a data subject under Article 17 the subject of the photograph has a right to erasure upon request. As a data processor OP has a legal obligation to accede to that request.

@Cyb3rg4l you literally asked chat gpt or something to write that didn’t you. It has no actual basis in practiced law or even general guidance. Tell me you don’t know what you’re talking about without telling me!

The UK GDPR applies to processing carried out by organisations operating within the UK (and to organisations outside the UK that offer goods or services to individuals in the UK.)

OP is not an organisation, therefore she cannot be a 'data processor'.
In the same way if I upload a photo of me and my family on FB I do not become their 'data processor.'

No, I work in information security and data protection is literally my job.

Individuals can be subject to the GDPR, if their data processing is beyond the scope of “purely personal or household activity” as defined in Article 2 of the GDPR. which posting to promote a MeetUp group falls under. Posting to your FB page would count as personal or household activity

Outside of personal and household activities individuals, under Article 2, are subject to GDPR. Posting a photo to promote a MeetUp group would fall outside of personal and households activities, posting to your own FB would not.

That is not the OP’s question

why? the meet up group doesn't make her any money.
Why is posting a photo of a group of people meeting at a pub organised via meetup any different from me posting a photo of a group of my friends on facebook? I would consider them both personal activity. OP is not making any money or gaining any benefit from organising the event.

I wouldn't even say the photo is 'promoting' the group, as much as 'recording' a event that has taken place. In the same way me posting the photo of my friends isn't me 'promoting' our friendship group.

Earlier In the thread OP described the photo as being used to advertise the group. Whether or not money is made does not impact the classification. Type of data, how it is used does.

No, I work in information security and data protection is literally my job.

hang on. Are you the same poster as before who claimed this then mysteriously disappeared and deleted all posts when proven wrong?

you’re literally just copying and pasting random stuff that you don’t understand the implications of…

All my posts on this thread are still here. If you don’t accept that this is in fact OPs position under GDPR perhaps check out MeetUps own guidelines to admins regarding GDPR, personal information and management of groups. They go into very detailed and accurate summations of obligations regarding PI on their platforms - all of which are in line with my own interpretation of OPs position with regard to GDPR as set out in this thread. I deal with this stuff all day M - F for a large organisation. It matters little to me whether some obdurate poster on MumsNet accepts my take on OPs situation or not - but my professionalism kicks in when I see myths around GDPR being propagated, albeit in the form of well meaning advice. Bad data protection advice can land people in trouble. And OP has enough on her plate with this lady who has already threatened legal action. She needs to blur the face and follow MeetUps advice regarding consent.

Update: other Organizers have received messages from aggrieved lady to say she is making formal complaints to Meetup and Facebook and calling the police.

Hopefully the police have bigger fish to fry!!