Going to be quite scant on details but…
I was out and about, and was messaged by two friends independently saying they were surprised to see me in a YouTube video.
Confused, I asked what they were on about. Turns out, a guy I gave advice to had then started recording me towards the end of our interaction without telling me, and has, weeks later, uploaded it as part of a longer video.
I was pretty tired at the time and doing the guy a favour (out of annoyance), and I don’t like a few things, one of those being that he put me online (which, within hours has been viewed hundreds of thousands of times).
What can I do? I have already messaged him to tell him to remove me, but this seems like a ridiculous invasion of privacy.
Where do you live? Recording a private conversation without permission is a felony in two party states in the US. Meaning both parties most consent to the recording.
You may also have a recourse through YouTube’s reporting system.
I tried reporting but didn’t give me a relevant option.
This is in Europe. I just did a quick search and you’re right, consent is needed where this was recorded.
From what I understand EU law is pretty strict on the fact that they must obtain permission first. That may vary by country though.
Edit: comments below are correct. I believe I’m thinking of businesses recording you which is part of EU law where personal conversations only seem to be addressed country by country if at all.
You’re right, found the relevant reporting process. Feels a bit too late now but yeah, did it anyways.
In the long run it’s good you reported the Youtuber. If dickhead gets enough strikes, his channel will be taken down.
Sorry, I replied to the wrong comment.
Yeah it varies. In my country you only need to participate in the conversation to be allowed to record it.
You can also film or photograph anyone you feel like in public as long as they aren’t in a place where privacy is expected like a bathroom or something like that. In general you can record and upload all day long.
The law is much stricter on surveillance cameras.
If your country is part of the EU (aka having to comply with GDPR)? If so, you may be surprised to realise that things have really changed in the last few years. GDPR being only part of the reasons why. It’s not the same in every single country, but the shift is happening in favour of the plaintiffs, in the name of privacy, even when the scene was recored or snapped in a public space.
in France (my country) and in Germany it’s obvious that this trend is now in favour of the plaintiff when a few years ago its was still in favour of the photographer or videographer.
Nowadays, imho, no photographer/videographer in the EU should take the risk to publish any image of an identifiable person without having the written permission to do so from that very person (and that authorisation should also mention where it will be published and if the person should expect any compensation, and how much it is if there is any to be given). Street photography/videography in the EU is turning or already has depending the country, in a real booby trapped activity no matter if you’re doing it as hobbyist and not as a pro.
France, where I live, and Germany and two of those EU-ccountries where I would not take any picture and publish them without a written permission — and I’ve been doing street photography in France as a hobby for the last 30 years or so. The risk is too real to get into legal troubles. Even in the UK, a country which was alsways more welcoming too street photography (it was clear no one should expect any privacy while in a public space), things have started to shift. Add to that the complexity layer of the many ‘not public’ or ‘not entirely public spaces’ mixed within the public space, plus the terrorist or safety considerations, regulations or exception-rules and you get the real mess we’re in. It’s still much better in the UK, though, but well, like I said street photo is a hobby for me, not something I’m willing to take any risk or worry for (lawyers are expensive and my time is much more precious than money). So, I gave up on street photography almost completely. Instead, I started to… sketch street scenes.
Edit: clarifications.
Photographing or filming someone in a public space has always been very legally distinct from recording a private conversation in pretty much every jurisdiction.
Yes of course but recording a private conversation has been legal before and I couldn’t find any good indications that it has changed under the GDPR.
The law essentially says that it’s illegal to record or listen to private conversations which you aren’t a part of using technical instruments.
So it’s legal to press your ear against a wall but it’s illegal to use any tech to listen/record to anything.
I wonder if a cup pressed against the wall counts as tech
In Germany and I bet in other Europe countries as well, there are official free legal advise dates in courts. You just go there and ask a lawyer for free legal advice. I think that is your best and easiest bet. If they tell you to sue then you might have a shot and can potentially get quite a bit of money back