Re: Future Handling of Blue Sheets

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Sam Hartman wrote:
> 
> >>>>> "Martin" == Martin Rex <mrex@xxxxxxx> writes:
> 
>     Martin> Joel jaeggli wrote:
>     >> 
> > Michael StJohns wrote:
> > >
> > > Martin - you and everyone else in the room gave permission by being
>     >> in > the room.  That's what the NOTE WELL is all about.  So no,
>     >> not illegal.
>     >> 
>     >> Specifically every registered attendee has accepted during the
>     >> registration process the note-well.
> 
>     Martin> You're completely misled.
> 
>     Martin> In Germany (and probably all over Europe) that part of note
>     Martin> well will not apply to the rights about your own
>     Martin> picture/portrait.
> 
>     Martin> To obtain such a right, a seperate explicit and voluntary
>     Martin> consent is required.  That is a privilege guaranteed by law.
> 
> There may be additional legal issues.  However, for at least one issue,
> the European data Protection law comes into play in significant ways.  I
> recommend the presentation from last SAAG.  In particular I recommend
> focusing on the part of that presentation about consent. There are
> significant limitations to consent especially when someone must consent
> to do their job.
> 
> So, from what I know about European law, I'd have significant concerns
> about whether   the note-well is sufficient for John's purpose.
 

The issue with John's purpose is that he is taking a picture of the
audience(!), and if you take such a picture from the front in a
small meeting room, there might a small number of folks end up
_prominently_ in the foreground of that picture, at which point
their consent will be required.


The Solution to John's problem would be, that he asks before taking
the picture:

"I want to take a picture of the room for the purpose of _publishing_
 (e.g. including in the WG minutes) it from where I stand right now,
 and the folks in the front may end up prominently on that photo.
 If anyone has a problem with this, please move the the rear or
 temporarily leave the room."

That is vaguely similar to the orca/Shamu and dolphin shows in SeaWorld,
where folks are explicitly reminded about the "splash" that is going
to soak the frontmost seating row(s).


IMHO this is not so much different about the audio "policy" in the
Note Well.  It does _not_ universally apply to each and every word
that is said while participating an IETF Meeting.  Private (hallway)
conversations are _not_ subject to the Note Well either.


-Martin


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