A Note About Photos

I’ve just added a note to the Privacy Policy that bears some explanation.

Ate Up With Motor has lots of photos. Most of them were taken in public places, sometimes by people other than me — at car shows, on the street, and so forth. Inevitably, some of those photos have people in the background. Now, generally, under U.S. law, this kind of editorial usage is not a big deal, since people in public places usually don’t have a “reasonable expectation of privacy”; otherwise, newspapers and news shows could never run crowd shots. However, under the EU’s new GDPR directive and associated local law, any recognizable image of a natural person may be considered personally identifying information, which becomes messy.

The plain reality is this: I usually do not have any reasonable way to know the identities of people who may be visible in the backgrounds of photos (especially in big crowds), nor am I usually able to associate their images with any other information I might have about them. If you’re a regular visitor to Ate Up With Motor and you popped up in the background of some photo taken at a car show five years ago, I probably don’t know it! Also, while some photographers make an effort to obscure the faces of bystanders — I started doing this with my own photos about seven years ago — that isn’t always possible, or successful. (I’ve seen a number of photos where the photographer or editor overlooked the face of someone leaning out a window in the background or something like that.) If a photo isn’t mine, I may not have the right to modify it in that way, and even if I do, the original online source may still have the unmodified, un-obscured original. There’s not usually anything I can do about that.

So, all I can reasonably do is note in the Privacy Policy that this is something that may occasionally happen, and ask that if you see yourself (or some information about you) in a photo and feel bothered by it, you contact me to discuss how best I can alleviate your concerns. Also, please understand that if you request your information under the GDPR, I probably don’t have any way to associate your comments or other data with the tiny figure in the background of a car show photo!