GDPR. CASE LAW FOR NON CONSENT

Undervalued

NW6NW6 said:

They claim they have media disclaimers , whatever they are but have not evidenced these

They don't have to "evidence" anything to you if they don't want to. In fact they don't have to reply at all.

If you think you they have broken the law then report it to the relevant authority.

If you think you have a valid legal claim for compensation then see a solicitor or file a claim yourself.

However, based on what you have posted here, in common with virtually all other responses I think you will be disappointed.

From a moral point of view I agree with "SpiderLegs" above!

NW6NW6

I'm sorry to say these homes are not as reputable as you may think they are. The Police actually investigated this home due to assaults on residents, which is not relevant but just for your information. Nor is it the motivation for my claim.

Thank you all for the imput which I will consider  

y3sitsm3

NW6NW6 said:

I'm sorry to say these homes are not as reputable as you may think they are. The Police actually investigated this home due to assaults on residents, which is not relevant but just for your information. Nor is it the motivation for my claim.

Thank you all for the imput which I will consider  

At least we agree on something.

powerful_Rogue

Couldn't make it up! Post totally irrelevant stuff, ignore the posts that are here to help.

Aylesbury_Duck

NW6NW6 said:

I'm sorry to say these homes are not as reputable as you may think they are. The Police actually investigated this home due to assaults on residents, which is not relevant but just for your information. Nor is it the motivation for my claim.

Thank you all for the imput which I will consider  

I don't think the motivation for your claim is in doubt.  You've made it quite clear.

robatwork

Firstly I think it's a bit crass of the home or their representative to take a picture of you with a poorly relative without your knowledge.

But that's it I'm afraid. Unless of course underneath the picture it says "Here's Jonathan Jones from Kilburn enjoying time with Mr Smith at our Cricklewood care facility". 

So I'll ask again - is it captioned?

elsien

robatwork said:

Firstly I think it's a bit crass of the home or their representative to take a picture of you with a poorly relative without your knowledge.

But that's it I'm afraid. Unless of course underneath the picture it says "Here's Jonathan Jones from Kilburn enjoying time with Mr Smith at our Cricklewood care facility". 

So I'll ask again - is it captioned?

Most care homes have forms for residents to sign to give consent for their photo to be taken (if they have capacity to do so) and the purposes they agree it can be used for. It’s not beyond the realms of possibility that the OPs relative agreed to this, and the OP just happened to be visiting so in the picture at the time.

Which also begs the question as to whether it was a close up (where presumably the OP would have noticed a member of staff with a camera/phone pointing in their direction), or a picture of an event (garden party, queens jubilee, or whatever) where they happen to be incidentally part of the bigger picture. 

NW6NW6

Thank you for all comments, just to let you know I was awarded £3500 plus court fee, trial fee and expenses.

The Judged stated that in these cases the GDPR and prior legislation are all rolled into one, agreeing that  my personal data was used on a commercial basis without my consent . The lowest  band for damages is from £1450 to £5500.

The case as nearly always was decided before the hearing, in essence the hearing was to determine the amount of the award.

The negative comments actually helped me to focus more and galvanise my thoughts, so thank you for them

y3sitsm3

NW6NW6 said:

Thank you for all comments, just to let you know I was awarded £3500 plus court fee, trial fee and expenses.

The Judged stated that in these cases the GDPR and prior legislation are all rolled into one, agreeing that  my personal data was used on a commercial basis without my consent . The lowest  band for damages is from £1450 to £5500.

The case as nearly always was decided before the hearing, in essence the hearing was to determine the amount of the award.

The negative comments actually helped me to focus more and galvanise my thoughts, so thank you for them

Ahahahahaha.

             

user1977

Plus a hamper, I hope.