In practice, that qualification allows people to walk around with a cellphone or 360 degree video camera in front of them, film everyone, and upload it as a 'walking through a city' video to monetize on YouTube. They don't blur the faces, and people presented in it, who are clear and identifiable, have no recourse (mostly because YouTube and Facebook ignore complaints). If it were people taking individual photos it would be different, because photo taking is more limited (but still too privacy invasive if strangers are identifiably photographed) and the focus is usually on the person or his companions, but when video, cloud, and YouTube enter the picture it becomes a different practice.
It also doesn't protect people's data privacy. Capturing their image in an iPhone or most Android phones means, for basic people, the photo is scanned and stored in the cloud. All identities (on a 50 megapixel camera) are marked and stored automatically.
These two issues are the heart of my question. Those European laws were arguably adequate in addressing the issue 20 years ago, but technology has changed the shape of the issue.
It also doesn't protect people's data privacy. Capturing their image in an iPhone or most Android phones means, for basic people, the photo is scanned and stored in the cloud. All identities (on a 50 megapixel camera) are marked and stored automatically.
These two issues are the heart of my question. Those European laws were arguably adequate in addressing the issue 20 years ago, but technology has changed the shape of the issue.