Pics on social media from holiday resort

timmythesheep

This may not be the correct place to post this question, but here goes:

I am a very light social media user and I have never posted photos of my kids online.
I have booked a holiday in lanzarote and during some online research camr across the hotels Facebook page which posts lots of photos and videos of guests enjoying the entertainment at the hotel.
I do not want to be on these photos, and definitely do not want my kids in them.

Where do I stand? Should I have an expectation of privacy whilst in a communal area of a private resort?
Do I tell them I do not consent to photos of my kids being put online?

I really don't want to have to change resort as the place ticks all boxes, but I do not want my kids on Facebook.

All advice welcome.

colm_mcm

Some of the guests may post photos to their own Facebook too.
Personally I wouldn’t worry about this too much, if your children are in a place where they wouldn’t normally be, or are likely to be again, and they are unidentified amongst so many people of different nationalities, I would say that yours and their safety isnt compromised from the POV of protecting kids from predators, plus it’s very unlikely that you would be tagged or otherwise identifiable.

That said, I don’t think that’s what your asking and I’m sure you could approach someone from the resort and request that you not be photographed during your stay.

timmythesheep

Thanks, good perspective there. I think sometimes I loose that in my efforts to keep the kids off line, which at times can be difficult to explain to people.

Dave0301

timmythesheep wrote: »

Thanks, good perspective there. I think sometimes I loose that in my efforts to keep the kids off line, which at times can be difficult to explain to people.

Also, it is worth keeping on eye on the photos that do go up during and after your stay. On the off chance that your children are in a shot, a polite request that it is removed would hopefully solve any potential issues.

magicbastarder

do the photos and videos look professional, or are they sharing content posted by guests, would you say?
if they look professional, you would probably be able to spot the photographer or videographer at work and would be able to deal with the situation as it arose.
also, if they are professionally taken, i suspect the hotel have what they're looking for and won't go to the expense of engaging a photographer again for marginal benefit, unless they've done some remodelling they want to advertise.

on the flipside, i'd be interested to hear what their reaction would be if someone pointed out that they were sharing personal content in a commercial context without any credits or permission.

timmythesheep

Definitely not professional, probably a staff member with a smart phone

Homer

But what if a guest or guests took pictures of their children having fun at the pool and your children were in the background and posted to their social media? You would never know. I suggest for the sake of trying to enjoy your holiday not to worry too much and if you do see something online posted by the resort official page then you could ask them to remove it.

troyzer

Four letters:

GDPR.

If a company has posted pictures of people without acquiring their specific consent they're liable for GDPR fines. At my previous job I had to go through our servers and delete any picture of someone with a recognisable face because it was too difficult to track down everyone and get their permission to retain the pictures.

awec

GDPR will do nothing to stop other guests putting up photos.

As a side note, I don't believe it's as simple as company + recognisable face = fine. Depends on the place, the circumstances, what the photo is being used for etc.

troyzer

awec wrote: »

GDPR will do nothing to stop other guests putting up photos.

As a side note, I don't believe it's as simple as company + recognisable face = fine. Depends on the place, the circumstances, what the photo is being used for etc.

Actually it is. A company is not allowed to collect and store identifiable data without explicit consent. Taking pictures of customers without asking them and putting it on Facebook definitely violates GDPR.

awec

troyzer wrote: »

Actually it is. A company is not allowed to collect and store identifiable data without explicit consent. Taking pictures of customers without asking them and putting it on Facebook definitely violates GDPR.

Not true. Obviously they do not need explicit consent from every single person who appears in every single photograph, such a law would be absolutely impossible to comply with and impossible to enforce.

If I go watch rugby for example, and the photographer takes a shot of the action and I am clearly identifiable in the background it's tough luck, so long as the photo is used in a legitimate way that you'd expect with such a photograph.

I also believe there are journalistic and artistic exemptions.

Of course, none of the exemptions would really apply in this case, seeing as 1. it's children and 2. it's photographs for business marketing.

Glass fused light

awec wrote: »

Not true. Obviously they do not need explicit consent from every single person who appears in every single photograph, such a law would be absolutely impossible to comply with and impossible to enforce.

If I go watch rugby for example, and the photographer takes a shot of the action and I am clearly identifiable in the background it's tough luck, so long as the photo is used in a legitimate way that you'd expect with such a photograph.

I also believe there are journalistic and artistic exemptions.

No the big issue is when you put in your data request and the company have to supply the data. Someone or a facial recognition programme has to locate you and then remove all other peoples personal data (faces) from the pictures or video. There is now an economic value for people to make such requests where previously it was a slap on the wrist by the DPC.

awec

Maybe you’re right. Anyway; GDPR will only partially help OP in this case. Nothing to stop other guests posting photos, but that’s true of any hotel.

twowheelsonly

Glass fused light wrote: »

No the big issue is when you put in your data request and the company have to supply the data. Someone or a facial recognition programme has to locate you and then remove all other peoples personal data (faces) from the pictures or video. There is now an economic value for people to make such requests where previously it was a slap on the wrist by the DPC.

The person seeking the information /data / video / photo has to supply a specified timeframe where they think their image might have been captured. "Sometime in the last two weeks while I was there on my holidays...." doesn't cut it. It has to be fairly specific such as Tuesday between 3 & 4pm or Saturday night after 10pm etc...

Glass fused light

twowheelsonly wrote: »

The person seeking the information /data / video / photo has to supply a specified timeframe where they think their image might have been captured. "Sometime in the last two weeks while I was there on my holidays...." doesn't cut it. It has to be fairly specific such as Tuesday between 3 & 4pm or Saturday night after 10pm etc...

Nope, if I request all the data stored by an organisation the organisation has a problem that the obligation is to supply the data from all medium covered under data protection.

But if you can reference some where the organisation can limit or choose the data to be disclosed please post it.

twowheelsonly

Glass fused light wrote: »

Nope, if I request all the data stored by an organisation the organisation has a problem that the obligation is to supply the data from all medium covered under data protection.

But if you can reference some where the organisation can limit or choose the data to be disclosed please post it.

That's covered under 'unreasonable request'.
For instance, you can't just ask Dunnes Stores / Dublin Bus / Croke Park for all and every piece of video footage or photo that they have of you. You have to give specifics or close enough to specifics as in times and dates.
I don't have the manual relating to it with me as it's in work (and in any case is a confidential document as well...) but I deal with this and handle over 300 cameras in relation to my work.

There's plenty of stuff that doesn't have to be declared BTW, such as info held by Gardai, some info held by Solicitors and a host of other stuff that has to do with confidentiallity. Sections 4 and 5 of the act cover most of these.

CabanSail

When you check into an hotel or resort you sign a form. I am probably like 99.9% of people and never actually read it as you have just traveled there and want to get to the room and relax. I am guessing that in that agreement there may be some clause about images and data collected on their site during your stay. Rather than read it when you arrive why not request they send it to you prior to arrival so you can look through the agreement.
End of the day you will be on their property and they will set the rules for things like that. Even so if they exploit their position too much they could risk losing trade.

K.Flyer

^^^^

It is the same with ticketed concerts, events or shows.
TM issued tickets will say that by attending you automatically give consent to them using your image in relation to any future publicity in relation to the show.

Ticketmaster Legal

8.9 By attending an event, you and other patrons consent to being filmed and/or recorded and may be featured as members of the audience in any resulting footage or recordings.