this post was submitted on 05 Nov 2024
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Going to be quite scant on details but...

I was out and about, and was messaged by two friends independently saying they were surprised to see me in a YouTube video.

Confused, I asked what they were on about. Turns out, a guy I gave advice to had then started recording me towards the end of our interaction without telling me, and has, weeks later, uploaded it as part of a longer video.

I was pretty tired at the time and doing the guy a favour (out of annoyance), and I don't like a few things, one of those being that he put me online (which, within hours has been viewed hundreds of thousands of times).

What can I do? I have already messaged him to tell him to remove me, but this seems like a ridiculous invasion of privacy.

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[–] [email protected] 13 points 1 week ago (1 children)

IANAL (and likely neither is anyone here) - and I think the answer would be "it depends" on other details if you asked a lawyer to make a decision on what you've shared. So I think that is the only route if you can't get YouTube or the blogger to do the right thing.

Some relevant things this might hinge on:

  • Is the person posting this doing making videos as a business venture - e.g. by making videos that they hope to profit from (e.g. by including advertising in it, or through YouTube monetisation)? If this was done as part of a business, that could make a big difference (generally businesses are held to a higher standard).
  • Which country did this happen in? Laws are different between countries.
  • Did they deceive you in any way to get you to do what they wanted for the video?
  • Are you a public figure in any way (prior to the video)?

Some potential causes of action that your lawyer could consider if they apply:

  • Misleading conduct - if they used deception in the course of their trade.
  • Fraud - if they obtained valuable consideration (your video performance) through deception.
  • Privacy Infringement - if they processed (including collected) your personally identifiable information (e.g. including images / videos of your face, or the identifiable sound of your voice) without consent or another lawful basis / denial of right of erasure. Some of this could apply to Google too - you might be able to submit a Right of Erasure (right to be forgotten) legal request, and at minimum they might need to blur your face and mask the audio so you aren't identifiable.
  • Copyright infringement - potentially what they recorded counts as a performance and you have a copyright interest in the video. Another one that could apply to Google and be used to take it down.
[–] [email protected] 7 points 1 week ago (1 children)

Those are very good points. It's very monetised so that will help. Would I submit right to erasure through YouTube?