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Old 30-04-2013, 08:32   #1 (permalink)
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DID you know about the new EU regulations

the new EU Data Protection Regulations which are in the prosses of being finalised

they propose to prohibit all processing of sensitive personal data without the consent of the individual whoses data it is
.Now since UK courts have decided that a photograph of a person contains sensitive personal data by definition, this could have a real effect on the right to publish photographs of people anywhere.
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Old 30-04-2013, 08:45   #2 (permalink)
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Re: DID you know about the new EU regulations

Interesting. Another example of what is well-intentioned legislation having the potential for being misused.

I guess that it will be very difficult or impossible to police, and if the EU legislation exempted pictures the UK court ruling would take second place
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Old 30-04-2013, 14:03   #3 (permalink)
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Re: DID you know about the new EU regulations

I'm unclear as to what the impact might be on photography but since the core statement appears to enshrine your Right to be Forgotten this means that you can ask for personal info/data/photos to be removed. Can't find anything to suggest you can't take the pic in the first place!

But I see that the so-called Instagram Law has gained Royal Assent. It's the change in the copyright to allow commercial usage of orphaned images (i.e. nothing to denote ownership) subject to reasonable steps to find the owner (which isn't specified but obviously EXIF stripped pics as Instagram and Facebook display)
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Old 01-05-2013, 10:55   #4 (permalink)
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Re: DID you know about the new EU regulations

have a read, it basically says in proper terms what i have been saying to folk.......
No, The UK Did Not Just Abolish Copyright, Despite What Photographers Seem To Think | Techdirt
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Old 01-05-2013, 11:28   #5 (permalink)
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Re: DID you know about the new EU regulations

That is all well and good, but who is funding the

Quote:
The searches would have to be verified as diligent by independent authorising bodies
And who are they? Who is going to administer the holding account and ensure that companies pay money in, and who determines the 'market Rate'?

Where is this 'holding account' located and how do you get money out of it?

Forgive my cynicism, but just writing some re-assuring words without the support network being set up does nothing.

Remember when the Government pushed everyone into providing their own pensions? To stop everyone being ripped off it became law that Independent Financial Advisors had to offer the client the best deal for them, not what gave them the most commission.

Yeah, right. All of these years on, they are still trying to sort it out and financial mis-selling of pensions has been rife.
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Old 01-05-2013, 21:42   #6 (permalink)
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Re: DID you know about the new EU regulations

thes hasnt y et been decided, it may have achieved royal assent for whatever that is but its still not been fully passed as it hasnt even been worked out yet,
havent a clue about pensions i pretty much ignore all that kinda stuff.
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Old 01-05-2013, 22:27   #7 (permalink)
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Re: DID you know about the new EU regulations

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thes hasnt y et been decided, it may have achieved royal assent for whatever that is but its still not been fully passed as it hasnt even been worked out yet,
I'd like to see this detail included before it goes through parliament. Pie in the sky statements that it will be all right on the night won't do.
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Old 02-05-2013, 00:48   #8 (permalink)
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Re: DID you know about the new EU regulations

thing is then both and all are pie in the sky then, you cannot take one at face value without the other. But i fail to see how something can go through parliament without the details being added
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Old 02-05-2013, 08:49   #9 (permalink)
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Re: DID you know about the new EU regulations

I'll keep my fingers crossed
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Old 02-05-2013, 09:59   #10 (permalink)
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Re: DID you know about the new EU regulations

Quote:
Originally Posted by fionaB View Post
But i fail to see how something can go through parliament without the details being added
Parliament votes on a Bill - usually the way they have have been told by their "tribe" to vote. Whether the BIll contains all the details it should, or even details it shouldn't. One man got a divorce in the days before the law was altered to make divorce easy by inserting a sentence granting him a divorce into a Bill in the small print that no-one read apart from the drafter of it.

Parliament doesn't collectively care about details - MPs will vote as they are told to, except in the rare cases where they fear their constituents more than those who can grant them promotion or the even rarer ones where they have personal convictions. I don't think either of these will come into play. The only personal conviction I can think of that might apply is the right not to be photographed in compromising situations.

So I don't think the actual contents will be of any concern to them.
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Old 02-05-2013, 11:40   #11 (permalink)
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Re: DID you know about the new EU regulations

but they canot possibly pass a law when it has not been set up
if the law is passed and they dont have a independant body how can anyone follow the law
im not sure what you mean bt the compromising situations bit, thats not got anything to do with the copyright act
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Old 02-05-2013, 14:11   #12 (permalink)
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Re: DID you know about the new EU regulations

The "compromising situations" was connected with the thread's original topic - the EU regulation to prohibit photography without consent.

I hadn't connected the statement about passing acts without details (which is actually quite common, and why new Acts always require umpteen court decisions before anyone knows what they really mean) with the copyright changes. I was still thinking of the "no people to be included in photographs" act.
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Old 02-05-2013, 22:40   #13 (permalink)
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Re: DID you know about the new EU regulations

ah right gotcha, therte isnt any compromising situations with the EU thing tho, they could potentially just stop publication of a face, as the UK courts have deemed a persons likeness ot be sensitive information then that is included, Linda Macpherson the author of

http://www.sirimo.co.uk/wp-content/u...srights-v2.pdf

did explain it all to me in a far better way than i could! lol she defiantely has a better way with words!
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Old 02-05-2013, 23:11   #14 (permalink)
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Re: DID you know about the new EU regulations

That article is how the law stands at present and takes no account of future EU legislation. But, as I say, the new proposed legislation is aimed at the right to be forgotten, so people can ask for personal details (including photos) to be removed. Nowhere can I find any mention of the future prevention of the taking of photos - I assume as current legislation more than adequately covers that angle
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Old 03-05-2013, 08:45   #15 (permalink)
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Re: DID you know about the new EU regulations

the Eu legislation on Data Protection presently proposes to prohibit all processing of sensitive personal data without the express consent of the individual concerned. Since UK courts have held that a photograph of a person contains sensitive personal data ;by definition, this could have a real effect on the right to publish photographs of people anywhere.
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Old 05-05-2013, 14:02   #16 (permalink)
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Re: DID you know about the new EU regulations

But the fact remands how would it be enforced ?
It would be impossible to stop people doing what they do now.
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Old 05-05-2013, 14:14   #17 (permalink)
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Re: DID you know about the new EU regulations

guess we shall just have to see.
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Old 05-05-2013, 14:45   #18 (permalink)
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Re: DID you know about the new EU regulations

Where did you see reference to the potential effects in the UK, Fiona?

I've looked for anything that substantiates the point about prohibiting the processing of personal data without express consent and haven't yet - probably as it would shut down all the social networking sites immediately (arguably, no loss there)! It proposes to control and allow you to request the removal of said data - from the EU Commission's site:
Quote:
‘right to be forgotten’ will help you manage data protection risks online. When you no longer want your data to be processed and there are no legitimate grounds for retaining it, the data will be deleted. The rules are about empowering individuals, not about erasing past events or restricting the freedom of the press
As I suggested before, the legislation is all about the 'right to be forgotten'. It's very specific about what can and can't be done - so no catch-all for everything that is personal! See their site where the legislation is proposed: Commission proposes a comprehensive reform of the data protection rules
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Old 05-05-2013, 14:53   #19 (permalink)
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Re: DID you know about the new EU regulations

i just got the information from Linda Macpherson author of the PDF above, as she is putting it altogether in preparation for doing an up to date one.,
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Old 05-05-2013, 15:15   #20 (permalink)
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Re: DID you know about the new EU regulations

Ah, OK! Many thanks for that! Will await her article with much interest - hopefully she'll also provide details on how it will be policed
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Old 05-05-2013, 15:43   #21 (permalink)
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Re: DID you know about the new EU regulations

im sure she will put in everything that she can find out, obviously it wont be until its all been passed( or not as the case may be)
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