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At a time when Google has listed a large part of France in its famous Google Maps, it can happen that we find ourselves by chance on one of these photographs . Is it allowed? Can I request the removal of this photo, and how?
Is it legal?
The use of your photograph requires your prior consent. This use is limited to a precise use defined by you, and you have the possibility at any time to have the photo removed. This is the case, for example, of photos posted on a company’s “trombinoscope” or on a social network.
In practice, Google therefore has no interest in including your photo on Google Maps because it would be too complicated to ask for the consent of all the people photographed. To stay within the legal framework, Google Maps therefore uses a facial blurring process. The difficulty lies in the fact that this process is not 100% reliable: some people may, in fact, be recognizable because of their general appearance, or because they are in front of their home and, therefore, there has a risk of exceeding the legal framework for the use of these photographs. This is the case of a man who, after being photographed urinating in his garden, was recognized by his entire village.
How can I have my photo deleted?
The “Informatique et Libertés” law» allows you to have access, or to request the erasure or rectification of your personal data. It also applies to photographs, since a photograph constitutes personal data. So, you can contact Google to ask them to blur or remove your photo. In addition, Google has made a reporting tool available to users, in the form of a tab at the bottom of each page: it allows you to request not only the blurring or removal of your photo, but also the blurring of your home, your vehicle, your license plate, etc., or the removal of any other illegal content. Google is required to do so within a short time, and the National Commission for Computing and Liberties (CNIL) is particularly vigilant in this regard. If deleting or blurring a photo is not done quickly, you can always contact the CNIL, who will do the due diligence with Google. As a last resort, you can also go to court, but the procedure will take longer.
Société d’Avocats DAMY , Nice, I am represented on Google Maps, what can I do? 2022 Update
