I live in Europe. My wife's friend has made a painting of my wife and daughter.

The painting has been done from a photo, which my wife's friend, the painter, has taken. I did not have any idea about the photo.

My 1 year old daughter is naked inside the picture, and for that reason in the painting as well.

I am very upset about the painting, and also about the photo.

My wife knew about it, and already agreed with her friend, but there is no any consent signed.

And I definitely do not give any consent.

Today I sent an email to the person, and politely asked to delete. I made it clear that, if she will not delete the painting, I will go to court and ask for my rights. I would like to sue her (the painter) because of drawing my child as naked, without my consent.

As I heard her answer was no.

Can a court compel her to comply with my request?

  • 4
    I'm a little baffled. Your wife agreed to it. Both of you are parents of the child. I would suggest you take it up with your wife. I'm also baffled why you are upset about the painting and not the photo from which the painting was done. Most likely your complaint would be just thrown out of court for wasting court time. Jul 10 '20 at 16:36
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    Not a GDPR matter because the photo was taken for purely personal purposes (painting something for a friend). Even if GDPR were relevant, your wife would have been able to give consent. Written consent is not generally needed. Good luck suing your wife, this sounds needlessly expensive regardless of outcome.
    – amon
    Jul 10 '20 at 16:57
  • 1) I am not suing my wife, I am suing that person. 2) Whenever the parent wants, the data containing children must be destroyed. 3) Money is not a problem for me, especially for such a sensitive case for me.
    – user14943
    Jul 10 '20 at 17:07
  • 1
    Voting to close as the question is a request for legal advice. You should talk to a lawyer. Jul 10 '20 at 17:44

In order to sue someone (successfully, not just waste their time and the court's time), they have to have done a legal wrong. A picture can be taken with consent, and a painting can be made from that picture with consent. A 1 year old child does not have the legal capacity to consent, but a parent does. It only requires the consent of one parent. In the event that you had filed a petition with the court to override your wife's consent (I don't want to suggest that there are any reasonable prospects that you could have done that), you might have blocked the initial photograph. As it stands, you have no basis for legal action against the painter.

  • Thanks for your answer! You are the only human being here came with a good heart and answered me. Thank you! She has painted the photo, they are identical, and she is planning to sell the painting even. Don't I have any right to make go to court for that painting to be ruined? And please keep in mind that here is Europe, and there is GDPR. She has to ruin the data as soon as the parent wants that to be ruined.
    – user14943
    Jul 10 '20 at 17:50
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    No, you don't. And no, she doesn't.
    – Nij
    Jul 11 '20 at 23:24
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    GDPR is irrelevant. Males and females have equal rights over their children throughout Europe, and no jurisdiction demand consent from both parents. Perhaps in KSA, but not in any country in Europe.
    – user6726
    Jul 12 '20 at 0:32
  • Yes, exactly @user6726. Nobody denies equal rights. According to that, aren't rights from both sides 50 to 50? By giving rights to woman here, you intentionally or unintentionally deny my right. According to your logic, my wife can do anything with my child, without my consent. As much as my wife has a right to let that painting to be drawn, as the same proportion I have a right for that painting not to exist? Well, I am publishing Computer Science papers in the top conferences, but unfortunately in front of your answer my brain has burned. I am a bit baffled.
    – user14943
    Jul 13 '20 at 5:13