What you're saying sounds insane. You're saying that a person taking a photo/video in public -- EVERY person doing so -- has to identify EVERY person in the photo/video, and inform EVERYONE of their rights, etc.... if they upload it to YouTube or Flickr?
I don't believe they do. That would be massively disproportionate. Show me they do, show me even a single tourist being prosecuted for not informing every street passer-by behind them in their selfie-stick video of their data rights.
The law has been applied at e.g. commercial photographers (who make contractual agreements with the intended subject in the photo because they want to make full use of the subject's identity, e.g. advertising), CCTV (notice has to be given) and events (where people are informed there is filming and they can choose not to be in it), but the public in public filming the public? (in general, and not specific people) It has not happened to my knowledge.
If the law were applied like you say it is, the only legal filming in public would be to CLOSE the area to the public and have no members of the public in public. Like a film set, where the only passers-by are paid extras who signed a release. That's completely untenable.
I can't speak for member states laws, I only know one country's laws, but in the UK, this simply wouldn't be done. The reasoning would be that providing such data subjects with information about the data processor would be IMPOSSIBLE. The data processor (tourist) has absolutely no idea who any of the people in the photo/video are, and never will.
My understanding is that when videos are uploaded to YouTube, the fact Google is publishing it makes Google the data processor, and Google's duties are fulfilled by not seeking to identify the people in the video, but offering them their rights nonetheless should the data subject be able to identify themselves.
I don't believe they do. That would be massively disproportionate. Show me they do, show me even a single tourist being prosecuted for not informing every street passer-by behind them in their selfie-stick video of their data rights.
The law has been applied at e.g. commercial photographers (who make contractual agreements with the intended subject in the photo because they want to make full use of the subject's identity, e.g. advertising), CCTV (notice has to be given) and events (where people are informed there is filming and they can choose not to be in it), but the public in public filming the public? (in general, and not specific people) It has not happened to my knowledge.
If the law were applied like you say it is, the only legal filming in public would be to CLOSE the area to the public and have no members of the public in public. Like a film set, where the only passers-by are paid extras who signed a release. That's completely untenable.
I can't speak for member states laws, I only know one country's laws, but in the UK, this simply wouldn't be done. The reasoning would be that providing such data subjects with information about the data processor would be IMPOSSIBLE. The data processor (tourist) has absolutely no idea who any of the people in the photo/video are, and never will.
My understanding is that when videos are uploaded to YouTube, the fact Google is publishing it makes Google the data processor, and Google's duties are fulfilled by not seeking to identify the people in the video, but offering them their rights nonetheless should the data subject be able to identify themselves.