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Consider the following scenario of right to erasure in film-making in Europe. Person A makes amateur live-action films, for example theater performances. Person B is in one of those performances and consents to recording and publication verbally or in writing. Later, for whatever personal or professional reason, person B would like to withdraw consent under the GDPR right to be forgotten.

Does person B have the right to erasure and would face and voice count as personal information under GDPR? Does person A have to edit the film to remove, blur, or distort the voice of person B?

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… would face and voice count as personal information under GDPR?

Absolutely.

Does person B have the right to erasure …

No.

The right to erasure only applies in certain circumstances. While the initial reason for collecting personal data was consent, once it has been incorporated into a film, the processor now has a legitimate interest in the data. The right to erasure does not apply when there is a legitimate interest.

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  • 1
    In an answer about (EU) GDPR, you mention a UK website?
    – DaG
    May 14 at 21:34
  • 2
    @DaG UK law on this is still aligned with the GDPR and it’s in English
    – Dale M
    May 14 at 22:16
  • Is there a source (even in another language) about that? Present-day relationship between UK and EU don't suggest harmony and agreement. Personally, I don't know about this, but it would be good to double-check.
    – DaG
    May 15 at 9:30
  • @DaG Here is an EU funded site on GDPR
    – Rock Ape
    May 19 at 13:04

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