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Personal data – how not to get in trouble

Data aktualizacji: 29.03.2022

Today, a few words about copyright and personal data, as well as some tips on how not to get into unnecessary trouble, creating your own work on the web.

Copyright

Dissemination of the image requires the permission of the person depicted. However, there are a few exceptions to this rule.

– Honorarium for posing for a photo. The received money is synonymous with consenting to the use of the image.

– Famous people. You can, for example, take pictures of them if they are at work, without any trouble. This applies even to politicians at electoral rallies or musicians during the concert.

– Audience. Fortunately, when you take a picture of a landscape, and someone just goes in the distance, you do not have to chase him with the agreement to use the image 😉

If you are looking for images on the internet and you are not sure if you can use them in one form or another, use the advanced search and select the appropriate option under the “right to use”.

check: Law on copyright and related rights – art. 81

Spam

To each of our mailboxes, a completely uninteresting message crept in – probably more than once. It is spam, i.e. the commercial information received electronically which the recipient did not order. However, not everyone knows that there is a fine for sending spam.

check: Act on electronic services – art. 10

Facebook

Facebook operates on his own terms. Therefore, if you plan to organize a promotion or a competition here, first read their internal rules. For example, each such event must have regulations, as well as a full release of Facebook from responsibility before each participant.

check: Regulations of the Facebook page service – item III E

Quotation

Here the most important is a clear sign. Necessarily, use the quotation mark and mention the author. The next important point is the purpose of the given quote. They can be successively:

Scientific goals – you use someone’s content to clarify a topic, for example by conducting classes or training.

Polemics – it is instinctive to quote someone’s statement when we disagree with him. Fortunately, it’s allowed.

The third case is the so-called “rights of the genre of creativity”. It means that the use of a quote is allowed in the case of an independent work referring explicitly to someone else’s work, or, above all, in a parody or cabaret.

dane osobowe blog webepartners vogue parody
A parody of the first ever Polish Vogue cover
check: Law on copyright and related rights art.29

Violation of personal rights

If someone violates the good name of our or our brand, we have the right to demand removal of the effects, apologies, financial compensation or payment for a social purpose. However, remember to follow good practices yourself, because you never know if someone will want to use this point against you.

check: art. 24 and art. 415 of the Civil Code

What are personal data?

Name, surname, PESEL number, address, phone number. These are the first associations that come to our minds, right? But are they really personal data?

First of all, remember one simple rule:

Personal data usually creates a data set. The name or surname itself does not allow us to identify a person, for there are many named Jan Kowalski and John Smith. If we know the exact address or number phone, then we are able to easily determine who it is. The PESEL number is an exception here because many institutions are able to locate a given person after it.

check: Act on the protection of personal data art. 6

Offensive comments

It may happen that you will receive a request to remove unlawful content from your site that someone has placed, for example in a comment. It is important not to panic then, the law is on your side, freeing you from liability if you did not know about such content.

It is enough, therefore, that you will not be able to access this content after such a notification, and you will avoid any unpleasant consequences.

check: Act on the provision of electronic services art. 14

Summary

It’s possible that some of the tips above do not seem relevant to you at the moment. However, it can not be ruled out that they will be useful sooner or later. Therefore, it is worth remembering the old Roman parable, Ignorantia iuris nocet – ignorance of the law is harmful.
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