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.
You mentioned this was in Europe. You are protected under the GDPR. There are additional laws if this happened in Germany or the UK. Your best bet is private lawyer.
Well there goes my Judge Judy idea.
I’d send him an email informing you will seek to take legal action if he doesn’t take you offline within 24h.
Not a lawyer or legal expert, just a google-er
Definitely a huge dick move, but if it’s illegal is a different matter. From what I understand, in the US (If this happened in the US) it depends where it took place. If you were in public it’s mostly okay for them to record because “Anyone else could have been listening in” so there is no “expectation of privacy”. If it was in private then that’s easier to argue.
Now, for what you can do. I think this is one of the times you could actually issue a DMCA complaint. While it’s not copyright… we all know youtube has a quick process and err on the side of caution. You can report it and say you’re in it without consent, or if you want to send a full DMCA compliant that could work.
What you could easily do is of course let your friends know this was done without your consent, and be public about it. Nothing like telling the truth, no one likes someone who secretly records them. Don’t let them keep it a private thing, call out how crazy disrespectful it is
Thanks. I told them as much and that it was odd, but I don’t have the opportunity, nor the desire to make it a big thing outside of getting myself taken out of the video. The copyright/DMCA concern requires a lot of detail which I just don’t have, so I went through the recording-without-permission route which seems to be a goer.
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.
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.
Yeah it varies. In my country you only need to participate in the conversation to be allowed to record it.
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.
You’re right, found the relevant reporting process. Feels a bit too late now but yeah, did it anyways.
Sorry, I replied to the wrong comment.
deleted by creator
Anyone figured out what the video is?
Of course I am curious but maybe we should respect the privacy of the person trying not to be in a YouTube video.
Talk to an attorney.
I’m not American, and I don’t have much money.
You don’t need money to threaten with legal action.
I’d recommend on googling for “free lawyers in your_region” you might have these options available to you
It would cross borders which I will not be remaining in very long.
