Hi,
So a few months ago YLE stopped me randomly on the street on my way to work and asked me a two questions about a certain event. During the encounter they took my photo and wrote an article in which they used the photo they took of me, my name and what city I live in.
At the time they stopped me I gave them my consent to interview me and didn’t think much of it. I’ll admit it was a bit of an oversight because I didn’t want to be featured in any article they might write and the whole thing was so brief on my way to work that I soon forgot about it.
A few months later a friend of mine just randomly sent me a message “Hey I was surprised I saw you on YLE!”
I clicked the link and there’s a photo of me, my full name and some other basic details about what city I live in etc.
I emailed YLE and said I’d like the image and my name removed/replaced. They can use a fake name or whatever and simply remove the image. It shouldn’t change the article in any way to make it inaccurate or whatever, so no problems there. All is still good in the world.
They flat out refused and tossed me a link to their almost 7 year old policy [about how they don’t delete online content](https://yle.fi/aihe/s/ylen-nettisisaltoja-koskevat-ulkopuolelta-tulevat-poistovaatimukset). This policy was approved before the GDPR existed too.
As I understand. I’m allowed to ask any entity unless it’s a bank/court/police/healthcare/etc. to remove my data upon request. [That is, unless they have an explicit exemption to keep my data.](https://tietosuoja.fi/en/storage-limitation) ~~I don’t see “News and Journalist” orgs on the list.~~ Ok thanks to some commenters it seems there is some form of an exemption to Journalists in Finland specifically. However, it still explicitly states that a person can have their information removed if they are not a public figure, and if their right to privacy outweighs the public’s use of the information. I can argue that no one needs to see my photo or full-name that goes with the two questions they asked me.
I won’t make the OP any longer, but as I asked YLE to “sanitize” the data and they flat out refused. What’s the next step before I toss this at the Ombudsman, as I know they have better things to do; but I am quite adamant that I want my name and photo changed/removed. *something, something, my tax dollars hard at work*.
**tl;dr – YLE stopped me on the street and photographed me and wrote an article where they used my response, my photo, my full name and the city I live in. I’d like my name anonymized/removed and my photo removed, but they are refusing.**
Thanks for your time.
_________
P.S. I know Reddit loves to say “deal with it, you agreed”. But let’s try and remember that everyone is allowed to change their mind, and help OP (me) with this personal request. Big thanks in advance.
25 comments
That’s not what gdpr is for. You consented to the article, and they have the right to keep it as it is since you consented to it. If they kept your info to contact you later, that they should delete if asked.
From art. 85 of the GDPR:
“For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, Member States shall provide for exemptions or derogations from [Chapter II](https://gdpr-info.eu/chapter-2/) (principles), [Chapter III](https://gdpr-info.eu/chapter-3/) (rights of the data subject), [Chapter IV](https://gdpr-info.eu/chapter-4/) (controller and processor), [Chapter V](https://gdpr-info.eu/chapter-5/) (transfer of personal data to third countries or international organisations), [Chapter VI](https://gdpr-info.eu/chapter-6/) (independent supervisory authorities), [Chapter VII](https://gdpr-info.eu/chapter-7/) (cooperation and consistency) and [Chapter IX](https://gdpr-info.eu/chapter-9/) (specific data processing situations) if they are necessary to reconcile the right to the protection of personal data with the freedom of expression and information.”
They are not processing your personal data, hence no gdpr.
I don’t think you have any legal recourse. Nothing to do with data protection at all when you consented to them publishing it. Consent obviously cannot be withdrawn after publishing.
However, if you really do want it removed: send them an email where you claim that you are being stalked. The personal information in the article is posing a danger to you and your families safety. Depending on where you are from you could claim some kind of persecution in your home country as well.
That’s not what GDPR is for. Consenting to be in an article then later no longer consenting has nothing to do with GDPR. Unless the article is slander, defamation or libel you can not request YLE to remove you from the article.
Do journalist even need someone’s consent to include someone’s name and picture in an article? I thought it was just industry standard when interviewing regular citizens, sort of the decent thing to do, but nothing that’s mandated by law.
I know for crime articles it’s just an industry agreement that they don’t print names or picture before the sentence.
This are just the consequences of your own actions.
That’s why everyone’s struggles as an adult. Have to think twice before saying anything.
This are just the consequences of your actions.
Have to think twice before saying anything as an adult.
So where is the link to the article?
Are you going to accept that thats not what GDPR is for and you gave them permission to use your info in article and that is not storing it, or are you going to keep your own idea and claim everyone else is wrong?
You can’t withdraw consent
Don’t be so difficult man. Just move on.
Sorry mate, you just gonna have to accept it
This is not a GDPR case at all. You’re trying to use GDPR for something it doesn’t exist for.
You can’t erase track record of you in media by referring to GDPR. As you yourself state in the modified OP, there widely defined (and thus very widely interpreted, e.g. journalism can be a privately owned media, with for profit basis) set of exemptions of GDPR for media.
[https://bookdown.org/fede_caruso/bookdown/the-journalistic-exemption-in-the-gdpr.html](https://bookdown.org/fede_caruso/bookdown/the-journalistic-exemption-in-the-gdpr.html)
One simply can’t use GDPR to wipe away the track record of them in media referring to GDPR.
Also your modified OP definitely contains misinformation right now; this media exemption is not “in Finland specifically”.
You got a lot of accurate replies, but there’s one misinformation floating in many answers: journalism doesn’t need a consent from parties involved, instead in Finland they self-regulate by following [journalistic guidelines](https://jsn.fi/en/council-for-mass-media/). In fact the very second paragraph states: *Decisions concerning the content of media must be made in accordance with journalistic principles. The power to make such decisions must not under any circumstances be surrendered to any party outside the editorial office.*
Sections 17-19 under “THE RIGHTS OF INTERVIEWER AND INTERVIEWEE” outline common journalistic courtesy towards interviewees, however none of this is a law or anything similar, it’s their own common courtersy instructions.
They didn’t ask for a consent which can be taken back, instead they just asked that can they interview you and take your picture. But there really isn’t anything to opt out after the interview is completed. The reason they asked nicely is that they wouldn’t get answers and/or good picture otherwise.
Remember also Streisand effect, this isn’t a hill to die on.
…You consented to all of that and now you’re upset they did the thing you agreed to?
I mean, say they agree. Any person in any article could request the same. Celeb chef accused of harassment, removed. Politician accused of corruption, etc etc
GDPR exempts journalism. If it did not, it would be impossible to have any media as anyone would just block any news they did not like based on personal data claims. This not at all what GDPR is trying to do.
Same with science.
You are misinterpreting the scope and purpose of GDPR. It does not include editorial content.
What you are maybe thinking about is the right to be forgotten. Read more here: https://en.m.wikipedia.org/wiki/Right_to_be_forgotten
Now, it to my understanding doesnt apply to YLE but search engines.
“Everyone is allowed to change their mind”.
You should think about this statement from other perspectives, like what it would do to contracts, agreements, etc. You have the right to change your mind, others have the right not to change theirs, or however you want to put it.
That is not data. That is not part of GDPR. You gave consent, they used it. You are allowed to change your mind, that does not mean I HAVE TO CHANGE MINE.
Never ever give your real name to anyone anywhere unless law requires it. Always use fake name.
Dude you’re fighting like 20 people about this when people have linked you clear sources why you are wrong… Learn from things.
Bro you’re famous! Embrace it
I don’t understand why people downvote the post. Even if OP is wrong, this clearly is interesting and has generated a lot of debate, and clarified that issue.