Are you a perpetrator of the Personal Information Protection Act?

2020년 05월 28일

Do you believe that you can never harm another person?
If you're an average citizen who obeys the law, that's probably what you make think.
But is that really the case? Are we truly abiding by the law without harming anyone?

If you use social media often, you probably upload photos of your friends, acquaintances, or family members aside from your selfies. If that is the case, you may be going against the law without even realizing it.
Although many people are aware of the 'Personal Information Protection Act,' the majority don't know how much protection they actually have. Therefore, it is crucial to understand what violates an individual's rights, how they can be protected, and how the law defines them.

Do I need to get the consent of the person in the photo to post photos on my page?

When posting photos on your page, you must get consent from the person involved. If you do not get their permission, it cannot be posted online. However, suppose you are uploading a group photo. In that case, you can post it after you remove the faces of anyone that refuses consent.

If a person refuses consent on a group photo, does that mean I can't post it?

A person's personal information can be obtained just by a photo. Therefore, group photos also fall under the personal protection act. When posting a group photo on your social media, it is important to obtain consent from every single person. If a person refuses consent, you can upload them after removing their face from the photo.

If you were okay with taking a photo and even posing for it, doesn't that mean you gave consent for it to be shared on any platform?

Just because you posed for a photo doesn't mean you're giving consent for your face to be exposed online. Consent may be interpreted differently depending on why or how you took the picture. This includes the reason for taking the photo, your relationship with that person, the location of the photo, and so on.
It is best to make sure that you get consent before uploading a photo, but it can also be complicated. There may be issues if there isn't proof that they gave you permission.

If a passerby is in the background of my photo, can this be a legal problem if I upload it on social media?

Social media such as Instagram can be used privately, but it's easy for people to get information about you. Using photos without consent may constitute an infringement of their rights. In addition, it may result in civil and criminal liability.

Does a monitor for surveillance cameras apply to the personal protection act?

If your face is recognizable in the video, it applies to the personal information act. In this case, your face must be blurred or censored to be published online. We share photos of acquaintances, friends, family, and passerby without much thought... It turns out that this can be an issue.
It's surprising that most of the actions that we do on a daily basis without much thought can actually be against the law.
As time goes on, more and more people realize they are victims of identity theft and feel the severity of the issues based on privacy laws.

Imagine a situation where you posted a photo without much thought, only to get sued and pay a hefty penalty fee. To avoid this risk, make sure that you get 'consent' from the other party.
However, it may be a hassle to get consent every single time, especially in group photos with people you don't know that well.

The easiest option is to blur or censor their faces to avoid issues. How about using Blur.me to get into the habit of respecting other people's privacy?

Tags:
privacy
sharenting
PrivacyLaw
personal information
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27 May 2022
BlurMe

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