• dependencyinjection@discuss.tchncs.de
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      5 days ago

      What’s highly illegal in Europe? Taking a photo or using publicly available images to match that photo to?

      As far as I know those things are not illegal, although as a Brit I wouldn’t be surprised if they label this terrorism lol

      • General_Effort@lemmy.world
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        5 days ago

        What’s highly illegal in Europe? Taking a photo or using publicly available images to match that photo to?

        1. Taking a photo for that purpose is likely out.

        2. Matching it to any publically available images is definitely out.

        3. Creating a database of face images for searching: Nope.

        4. Using this system is very problematic.

        Some of this is because of the GDPR. So it’s likely to be illegal in the UK, as well. And some is because of the AI Act (in particular 4. but also 3. to some degree). That’s not something that needs to concern Brits.

        • dependencyinjection@discuss.tchncs.de
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          5 days ago

          I’d have to research 4, but I know for a fact taking a photo of someone in public is protected as you have no right to privacy in public, it’s also not the subjects business what I intend to do with it, so things like posting online might be subject to GDPR but if i wanted to build an app like the one in this post then I would do what they did and have it all on device so it technically isn’t uploaded anywhere.

          I would need a law showing that matching a face against publicly available datasets of faces is illegal as that seems insane and difficult to police.

          Yes, 3 I agree with as it would fall under GDPR as identifiable information.

          • General_Effort@lemmy.world
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            4 days ago

            I know for a fact

            Do you remember why you “know” this? Just curious.

            I would need a law showing that matching a face against publicly available datasets of faces is illegal as that seems insane and difficult to police.

            Surely you have noticed that there is a lot of criticism of the GDPR and EU tech regulation.

            • dependencyinjection@discuss.tchncs.de
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              4 days ago

              I know that because I do a lot of street photography and there is no law in the UK forbidding photography of people in public spaces, it’s quite easy for you to Google this but I can’t provide you with a law condoning it as that’s not how it works.

              Again show me in GDPR where it expressly forbids marching a face to a public dataset.

              • General_Effort@lemmy.world
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                4 days ago

                I know that because I do a lot of street photography and there is no law in the UK forbidding photography of people in public spaces,

                I didn’t write there was one. It sounds like you “know” that photography is “protected” because you need that to be true.

                it’s quite easy for you to Google this

                Indeed. For anyone who’s not good at googling things, I recommend the UK ICO.

                but I can’t provide you with a law condoning it as that’s not how it works.

                That’s true. You can’t because you are wrong. You should know that your take on the GDPR is nonsense. It sounds like you violate it on a habitual basis.

                Again show me in GDPR where it expressly forbids marching a face to a public dataset.

                What do you mean “again”?

                The GDPR forbids this in, of course, Article 6 and, more particularly, Article 9, but also gives exceptions.

                • dependencyinjection@discuss.tchncs.de
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                  4 days ago

                  You seem to want to me prove that a law doesn’t exist where it’s much easier for you to show me a law doesn’t exist.

                  You can read this House of Commons debate on the topic Here

                  Police officers have the discretion to ask people not to take photographs for public safety or security reasons, but the taking of photographs in a public place is not subject to any rule or statute. There are no legal restrictions on photography in a public place, and there is no presumption of privacy for individuals in a public place

                  Or you can read This debate from the House of Lords.

                  The taking of photographs in a public place is not subject to any rules or statute. There are no legal restrictions on photography in a public place … and the Home Secretary … expressed our desire to ensure that people are free and able to take photographs in public places

                  Seems pretty simple really. Although I will concede that processing or personal identifiable information, even if done ok device, would likely be a breach of GDPR.

                  As for your assertion that I habitually break GDPR, yeah sure in this hypothetical scenario, but thankfully as a software engineer we have a team that handles this for us.

                  • General_Effort@lemmy.world
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                    4 days ago

                    I have provided the requested Articles in the GDPR. “Presumption of privacy” is not a concept in the GDPR. The GDPR is not a privacy law. It is concerned with data protection.

                    Debates in either Chamber of UK parliament are not a source of law. Especially not when they took place a decade before the GDPR came into force.

                    Do you need any further help?