Since May 25, 2018 at the latest, the question has arisen as to
whether the new data protection provisions must be observed for a
wide variety of digital applications/processes. The new data
protection provisions from the European General Data Protection
Regulation (GDPR) and the new German Federal Data Protection Act
must always be observed when personal data is processed in
non-private areas.
Processing of personal data
Photos (and films) may also contain personal data. On the one
hand, the facial image is a personal datum, on the other hand,
additional data such as location and time of image capture or other
GPS information are frequently stored as metadata for the
individual digital photos. High-resolution recordings in HD quality
often also enable biometric recognition of the persons depicted.
These cases are even considered particularly protected sensitive
personal data (Art. 9 GDPR).
