Nicknames (or nicknames) in the social network “Instagram” are “publicly available data” (within the meaning of current legislation). As a general rule, your consent (as a PD subject) to the processing of such data is not required. The fact is that they were distributed by you earlier and are freely shared for each user of the Instagram social network, or until you yourself prohibit their processing.
Every day we post content and mark the nicknames of other netizens on it, i.e. we distribute their data to an unlimited number of people. Let’s look at this action from the side of the following concepts from the Law:
- “Personal data” means any information that relates to an identified individual, to a person (or individual).a person who can potentially be identified).
- “A natural person who can be identified” – an individual. a person who can be identified directly or indirectly. Anyone can use their Instagram nickname to go to the page of the person whose Nickname was marked, whose real name they may not know (the account is closed), but there is an avatar photo of FL. It turns out that it becomes possible to determine the PL “directly or indirectly”.
- “Photo” means biometric personal data, which the operator must have the consent of an individual to process! Please note that the operator is a physical person, individuals, legal entities, government agencies, sole proprietors.
That is, if, for example, the sole proprietor conducted an online course, and then posted a photo with reviews of participants in stories, where their nicknames from social networks are visible networks and avatars-then he distributed their PD without the consent of the subjects!
The question is controversial and makes you think.
And if you want to protect your personal data or organize the work of your business company in such a way that you do not fall under such Laws, we advise you to contact the lawyers of our company “Prolex”. We will carefully review your situation and provide you with accurate answers to any questions related to the protection of your personal data.
