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A person finds that a private videotape showing her in a very intimate situation has been published on a website. She never consented to publication and demands that the video is being removed without undue delay.
According to the GDPR, what should be done next?
Suggested Answer: C
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Controller: Correct. The controller determines the purpose and means of the processing. (Literature: A, Chapter 1; GDPR Article 4(7))
Processor: Incorrect. The controller determines the purpose of the processing, the processor works on the controller's instructions.
Supervisory authority: Incorrect. The supervisory authority monitors and enforces compliance with the GDPR requirements.
Third party: Incorrect. A third party has no role in determining the purpose of the processing. Any party that determines the purpose would become a new controller.
28 comments · newest first
CH
Chantay
11 months ago
Actually, the website might argue freedom of expression here.
SA
Sang
11 months ago
I’m surprised this is even a question, it seems obvious!
GR
Gregg
11 months ago
But isn’t it considered newsworthy?
LE
Leota
11 months ago
Totally agree, that’s a clear violation of privacy.
OR
Oretha
12 months ago
The video should be removed immediately, no consent!
BE
Bettina
12 months ago
I feel like option C could be misleading. If the video is removed, shouldn't they also inform others who might have it? That seems important for privacy protection.
HY
Hyman
12 months ago
I'm a bit uncertain about option A. It seems like freedom of expression could apply, but I thought personal privacy would take precedence in this case?
MA
Maurine
1 year ago
I remember a similar question where the focus was on consent and privacy rights. I feel like the controller has to act quickly, which makes me lean towards B as well.
VA
Vanna
1 year ago
I think the GDPR emphasizes the right to erasure, so maybe option B is correct? But I'm not entirely sure about the specifics.
KR
Kristian
1 year ago
I've reviewed the GDPR section on this type of situation before. I think I know the right approach, but I'll double-check my notes just to be sure.
DA
Dannette
1 year ago
Okay, let's think this through step-by-step. The key is to focus on the individual's rights and the controller's obligations under the GDPR.
MI
Mickie
1 year ago
Hmm, I'm a bit unsure about this one. The GDPR can be tricky, and I want to make sure I don't miss any important details.
EM
Emilio
1 year ago
This seems like a straightforward GDPR question. I'm pretty confident I can apply the key principles here.
TY
Ty
1 year ago
Option A? Are you kidding me? Letting a non-consensual intimate video stay up because it's 'news'? Someone's been watching too much 'Black Mirror'.
SA
Sarah
1 year ago
Option D? Really? Sending the person to a lawyer and waiting for a court order? Talk about bureaucracy gone wild. Just take the video down, it's the right thing to do!
RO
Rodrigo
1 year ago
I'm going with option C. Why should the controller have to track down and inform every other controller? That seems like a lot of work, and they already erased the video, so that's good enough.
VA
Valentine
1 year ago
C: Yeah, I agree. It's better to be thorough and make sure the video is completely removed.
RE
Rebbecca
1 year ago
A: I see your point. Maybe it's better to go with option B then, just to be safe.
VA
Vanna
1 year ago
B: But what if someone else still has a copy of the video? Shouldn't they be told to erase it too?
BI
Billye
1 year ago
A: I think option C is the best choice. The controller already erased the video, so they shouldn't have to inform others.
KA
Katlyn
1 year ago
I don't know, option A seems reasonable to me. The website has a right to freedom of expression, right? What do I know, I'm just a candidate.
OC
Octavio
1 year ago
C) The controller erases the video from the website. There is no obligation to inform others who might have copied it, that it should be erased.
NA
Na
1 year ago
I think option B is more appropriate. The controller should erase the video and inform others who might process it to do the same.
AR
Arleen
1 year ago
A) Nothing. The video may be regarded as 'news' and, therefore, the website is only exercising its right to freedom of expression and information.
PA
Paul
1 year ago
Option B is clearly the correct answer. The GDPR requires the controller to erase the video and inform any other controllers who might have it. Anything less is unacceptable.
GR
Gracie
2 years ago
But what if the website argues it's 'news' and protected by freedom of expression?
JE
Jesusita
2 years ago
I agree with Allene. It's a violation of privacy.
AL
Allene
2 years ago
I think the video should be removed from the website.