this post was submitted on 03 Oct 2024
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[–] DarkThoughts@fedia.io 10 points 1 month ago (13 children)

Recording and even more so profiling people without their explicit consent is completely not okay.

[–] andyburke@fedia.io 8 points 1 month ago (12 children)

In private you are correct. In public it is a lot more complicated.

[–] DarkThoughts@fedia.io 8 points 1 month ago (11 children)

No, it is not. Keep your camera out of my face.

[–] andyburke@fedia.io 7 points 1 month ago (1 children)

Stay home. 🤷‍♂️ When you are in public, people can see you. You don't get to tell me what I can and can't look at or take a picture of. (Note that I said this was complicated, and this is where the complications start - I should be able to record you in public if I am not specifically monitoring or harassing you, or trying to obtain pictures of things under your clothes, for instance, which IS a violation of your privacy. But just walking around in public recording things? You can't take my rights away just because you think you should have complete privacy even when out in public.)

[–] DarkThoughts@fedia.io 1 points 1 month ago (1 children)

I do that as much as I can anyway, but even I have to go and buy groceries about once per week. And yes, I literally do get to tell you not to record me, because it is very much illegal to record people without their consent here. Cry about it if you want.

[–] andyburke@fedia.io 5 points 1 month ago (1 children)

I'd be interested in hearing more about what law you're referring to (or you could point me at a.similar example, I don't need to know where you live). My understanding is that even in two-party consent states you can record in public as long as you aren't recording conversations and/or the people being recorded have no expectation of privacy (no one should be recording anything in public bathrooms, changing rooms, etc. - you do have an expectation of privacy there even though you are in public, for instance.)

I don't get that emotional about online stuff, but thanks for your concern.

[–] DarkThoughts@fedia.io 1 points 1 month ago (1 children)

My country is easy to figure out and not really a secret and generally known for individual privacy laws. You can publicly record something, but only for as long as it does not violate the personal rights of someone - and yes, that still includes their privacy rights. The above example of directly recording or let alone profiling someone through "AI" is not legal without consent, and there's also further laws regarding AI surveillance within the entirety of the EU. The same goes for publicly sharing such recordings online. You generally have to blur people's faces and even license plates of public recordings. There's also laws regarding "hidden recordings", which I'd place this under since I could not tell if your glasses are recording me or not.

[–] andyburke@fedia.io 3 points 1 month ago (1 children)

Sorry, but could you cite a specific law? I'm interested to see the differences in the EU vs. what we have here in the states.

I spent a little time trying to do my own legwork and there is stuff under GDPR but that excepts personal recordings. (Akin to the complications in the US where if you publish or profit from a video recorded in public it's different and more complicated.)

So I am curious about how these protections are carved out and I can't quite find the law(s) you are discussing without some help.

[–] DarkThoughts@fedia.io 3 points 1 month ago (1 children)
[–] andyburke@fedia.io 4 points 1 month ago (1 children)

So I read through a good bit, and I could not find anytjing that actually gives you the protections you claimed your country offers.

Theree apprar to be limita about taking pictures of people in distress, injured or deceased and then sharing that.

There is a bit about taking a picture in a room specifically meant for privacy, which to me is akin to the bathrooms and changing rooms I was mentioning.

But I can't find the language that gives the carve outs you say are there.. I'm sorry, but if I missed it could you quote the relevant section you're trying to share?

[–] DarkThoughts@fedia.io 0 points 1 month ago (1 children)

If the links aren't of help to you understanding, then I'm afraid I cannot help you.

[–] andyburke@fedia.io 2 points 1 month ago (1 children)

Ok. Well, fair enough.

Given that you cannot point me at any text that supports your claims directly, though, I have to conclude that what I said above in my original comments holds and that you do not have a right to stop others from recording you in public.

[–] DarkThoughts@fedia.io 0 points 1 month ago

It's going to be your legal issue when you break it, so go ahead.

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