The European Union general data protection regulation (2018) is a privacy law which blocks the world from prying into your personal life on social media without legal implications. The same applies to a family member who believes their judgement over rules your preferences for your child’s protection and upbringing.

The truth is quarrels and disagreements tend to agitate a situation and remove the favorable treatment between family and friends. To be specific a Dutch grandmother posted various pictures of her, under age 16, grandchildren on social media without the consent of their parents and has refused to remove them from her Facebook and Pinterest account. Apparently, a family argument has caused a disconnect between the grandmother and the daughter. As a result, there has been no communication between them for about a year. The continuous refusal by the grandmother to remove the photos only escalated the issue. In February 2020 these continuous complaints finally found the ears of the local police which later resulted in it appearing before the Netherlands court.

In accordance with the Dutch stipulations in keeping with the EU’s general data protection regulation, it is a legal matter where posting pictures are concerned. But as the court docket notes:

“It cannot be ruled out that posting a photo on a personal Facebook page falls under a purely personal or household activity, [because] it has not been sufficiently established how [defendant] her Facebook account or her Pinterest account has been set up or protected”.

Though merely posting pictures of your child or grandchildren may be technically domestic it still may imply greatly in a non-personal manner. Making a decision to post pictures on social media means you also make a decision to make it available to a wider public audience, the court ruling elaborately explained. “On Facebook, it cannot be ruled out that placed photos could be distributed and that they may come into the hands of third parties,” the ruling said.

Therefore, the Judge has ruled a non-negotiable order for the grandmother to remove the pictures of her grandchildren from Facebook and Pinterest within ten days. The grandmother’s lackadaisical behavior and delay to remove pictures when initially asked by the court and attaching sentiments of caring for her grandson 2012-2019 to provide a reason for her delay will not be accepted unless she is willing to pay a monetary penalty. Once the ten days have passed the grandmother must pay a penalty of €50 ($55) per day that the photos are online, with a maximum penalty of €1,000 ($1,100). The daughter had asked to impose a penalty of €250 ($275) per day if the photos remained.

Some persons might view this as a petty situation. However, it’s quite beneficial when viewed in its totality of social media guidelines. It provides control of personal data ensuring that companies be very mindful of how data is collected and processed. This makes safety and privacy a mandatory legal priority and entitlement.

How Can We Help You?

We specialize in the area of family law. We provide a tailored service suitable in your particular circumstances:

  • We advise as to your rights and obligations actual and potential.
  • We assist you in selecting and negotiating the best legal solution in your financial circumstances.
  • We help you formalise the agreement and make it legally binding and enforceable.