GDPR Takedown Notices

Webmaster Discussion
#1

I was wondering what affiliate are doing when they get GDRP notices. Are these valid if the model signed a release to a studio? I got this today. Roman Laurent’s videos are still on Chaos Men:

I am hereby requesting immediate erasure of personal data concerning me according to Article 17 GDPR.

Please delete the following personal data concerning me:

Website URLs:

Explanation:

My personal data has been posted to the site without my permission and according to Article 17 of GDPR, I request its immediate erasure.

I am of the opinion that the requirements set forth in Article 17(1) GDPR are fulfilled. You cannot claim an exception based on Article 17(3) GDPR either, particularly as I am not a public figure.

If I have given consent to the processing of my personal data (e.g. according to Article 6(1) or Article 9(2) GDPR), I am hereby withdrawing said consent for the entire process.

In addition, I am objecting to the processing of personal data concerning me (which includes profiling), according to Article 21 GDPR. I request that you restrict the processing of the data concerning me pending the verification whether your legitimate grounds override mine, pursuant to Art. 18(1)(d) GDPR.

If you have made the aforementioned data public, you are obliged pursuant to Article 17(2) GDPR to take all reasonable steps to inform other controllers, including search engine operators, who process the personal data listed above, that I have requested the erasure of all links, copies or replications. This applies not only to exact copies of the data concerned, but also to those from which information contained in the data concerned can be derived.

In case you have disclosed the affected personal data to third parties, you have to communicate my request for erasure of the affected personal data, as well as any references to it, to each recipient as laid down in Article 19 GDPR. Please also inform me about those recipients.

If you object to the requested erasure, you have to justify that to me.

My request explicitly includes any other services and companies for which you are the controller as defined by Article 4(7) GDPR.

As laid down in Article 12(3) GDPR, you have to confirm the erasure to me without undue delay and in any event within one month of receipt of the request. Please reference GDPR-CASE#44956 in your response.

I am including the following information necessary to identify me:

Jared Woodburn
7150 Pinnacle Dr., G22
2392332811

If you do not answer my request within the stated period, I am reserving the right to take legal action against you and to lodge a complaint with the responsible supervisory authority.

Thank you in advance.

Yours sincerely,
Jared Woodburn

#2

Last week I received a message from Google that a link from one of my sites will not be displayed in certain territories because of such a request. I haven’t even received a detailed message like yours. In my opinion, this is some kind of failed model that hardly brings you traffic, so just delete the content without responding to him. Certainly, his request is illegal, not least because he signed a contract and also there is a serious difference in the names of the model and the sender.

How are you implementing the recent Court of Justice of the European Union (CJEU) decision on the right to be forgotten?

The recent ruling by the Court of Justice of the European Union has profound consequences for search engines in Europe. The court found that certain users have the right to ask search engines like Google to remove results for queries that include the person’s name. To qualify, the results shown would need to be inadequate, irrelevant, no longer relevant, or excessive.

#3

I would never remove videos from a model because most of them are trying to get it removed illegally. I would tell them it needs to come directly from Chaos Men since they are the rightful content owners.

#4

Besides from false DMCA takedown, now these models invent new GDPR takedown? WTF is that? Stage name is not his personal info. The model did not own the right of his stage name. Just like “Cody Cummings” was owned by Nextdoor, not himself.

Gamma should have all model release forms when they acquired CM from previous owner Bryan. The model has no rights to his photos/videos at CM. You may contact Gamma’s affiliate manager. It would be nice if Gamma contact that person and sort things out for affiliates.

#5

Odd. Why is he only asking that those three images be removed? You have more than three showing on your post. IAFD reports he has not been active since 2021, so this might be model regret? If he is so worried about 3 images, why did he not contact the studio to have them remove the 5 scenes they currently have online?

The DMCA has a process for countering such a claim via a form filed back with Google/other 3rd party entity. These GDPR takedowns do not. A stage name is not personal data. You didn’t scrape it from some account anywhere - you were authorized to use it by the studio that paid him for it and secured a signed model release. If there was no release, Chaos Men would not have his content online.

Both of the DMCAs I have had recently were much the same. They demanded only 2 or 3 images out of 15 be removed, and never went through the original pay site. Both of mine were overturned within 10 business days. Both of mine also came through a model image search service. This sounds like the same kind of deal.

#6

Yeah I got it too, only one image even if there was more scenes. It just feels like there is no alternative to removing them.

#7

That’s a privacylegaladvice.net invention to misuse a GDPR
Already gone through couple, last one was from BelAmi model, and few more before that.

#8

We have had them too, and we will not remove material because of these misused notifications.