When a video contains information that may be linked to you, such as your image, voice, name, etc., this information is your personal data.
Why do videos with my personal data appear on the Dailymotion Service?
Dailymotion is a content hosting platform which allows its users to publish videos online. Dailymotion does not publish the videos available on its Service. They are published by their Uploaders, i.e. the operators of the channel where the videos are accessible. Dailymotion only provides technical means to Uploaders so they can post their videos on our platform.
When a video with your personal data is accessible on the Dailymotion Service, it is because the Uploader decided to post it. The decision to post a video on our Service belongs exclusively to its Uploader who is solely responsible for its content. That Uploader is also the Controller of the personal data included in the videos posted on our platform.
Is it legal to post videos with my personal data?
Posting videos that contain someone else’s personal data (ex. image/name/voice) is not illegal per se. However, the presence of someone else’s personal data must be justified. In typical cases, an Uploader posts a video where your personal data appears because you consented to it.
Consent is the most common justification (legal basis) used to publish personal data belonging to someone else. However, other justifications may be applicable. For example, the right to information can represent a legitimate interest for the Uploader, justifying the publication of a video showing a strike in which you participated.
Can I request deletion of a video with my personal data?
In conformity with the GDPR, any person whose personal data appears in a video (so called Data Subject) can request its deletion. The request should be addressed to the entity who decided to post a video, meaning to the Uploader (so called Data Controller).
How to request deletion of a video with my personal data?
You may request deletion of a video by contacting directly the Uploader to ask them to delete the video. You may also file your request using Dailymotion as an intermediary. If you decide to do so, we will forward your request to the Uploader.
If you choose to submit a request to Dailymotion, you have two options to do so:
1. Using Dailymotion’s online tool
- Under the title of each video, you’ll find a report button accessible by clicking on the “…” symbol.
- A report form accessible from that report button allows you to select an option “Personal data” as the reason for reporting a video. You can select this option and provide the necessary information justifying your video deletion request.
- You may also access our online tool directly on the HelpCenter by clicking on “contact us” at the top of the page and then selecting the option “Reports and appeals”.
2. Sending an email or postal letter
Can I request deletion of a video with personal data of my child OR personal data of a minor?
Yes, as mentioned above and in conformity with the GDPR, processing of third-party’s personal data requires a valid legal basis, which is usually consent. In most cases, this means that a video containing a child's personal data cannot be published without its parents’ consent (or consent of the child, provided they have reached the digital majority). Please find more details in our article here.
What information should I provide to request deletion of the video?
All personal data deletion requests should contain the following information to be valid:
- URL of the video.
- The type of personal data contained in the video and the moment it appears (ex. my image appears at 1minute 32 seconds).
- Documents confirming that the personal data contained in the video belongs to you, and that you are a resident of the European Economic Area (ex. an official ID).
- Your contact information (ex. your email address).
Find more information about the detailed process to request for deletion of video containing personal data.
Can I specify to Dailymotion whether my ID and contact details can be shared with the Data Controller/Uploader?
The reason why Dailymotion requires your ID is solely to verify that your request is a Data Subject request. We verify the authenticity of the document, confirm that the name in the ID corresponds to the name you use in correspondence with us and to the actual personal data contained in a video. The results of these verifications are recorded in our files and the copy of ID is destroyed once your request is closed.
When we send your request to the Data Controller, we may share your ID and contact details. If we share your ID, we do not send your ID by email but, instead make it available for consultation and/or download for a limited period of time (72 hours, renewable on request) on a dedicated document sharing platform. If you do not wish for us to communicate your ID and/or contact details to the Uploader, you can ask us not to do so in your request. Note that, as a rule, we don’t automatically communicate your ID to the Data Controller. Instead, we inform the Data Controller that we received copies of your ID and that we reasonably established that you are indeed a Data Subject.
What can happen if I oppose to sharing my ID and/or contact details?
As a Data Controller, an Uploader may potentially decide to independently proceed with verification of your identity and request your IDs (or other documents) to do so. In such case, your opposition to such communication may prevent a Data Controller from confirming that a deletion request comes from a Data Subject. Consequently, a Data Controller may refuse to treat your request as a GDPR Personal Data Deletion Request. In such circumstances, Dailymotion will inform you of such refusal from the Uploader and allow you to change your decision if wanted.
What does Dailymotion do with my video deletion request?
When you send us a video deletion request, you submit a Data Subject Personal Data Deletion request. Such a request must be addressed to Data Controllers. For that reason, and because Dailymotion is not the Data Controller of personal data present in videos posted on our platform, we will forward your request to the actual Data Controller, meaning to the Uploader of the notified video. Note that, unless you ask us not to do so, we will also forward your contact details to enable the Uploader to communicate with you directly. A Data Controller has one month to answer you or use a time extension to process your request.
An Uploader may either delete your personal data or refuse to do so justifying such a decision, i.e. explaining what other legal basis allows continuous presence of the video with your personal data. Note that deletion of your personal data does not always translate itself in deletion of the video. For example, if a part of a video contains a recording of your voice, an Uploader may decide to delete that part while keeping the rest of the video online.
What happens if the Uploader does not reply?
A Data Controller has an obligation to answer to a Data Subject request. When an Uploader does not reply to you within the legally set deadline, an Uploader does not respect his legal obligation imposed by the GDPR. If the Uploader fails to comply with the GDPR in that way, a notified video becomes illegal.
Dailymotion, as a content hosting platform, will deactivate access to videos present on its platform, provided that such videos are illegal. Consequently, when the notified video becomes illegal due to the Uploader’s failure to respond to the request, Dailymotion disables access to it and, in conformity with legal obligation of content hosting platform, informs the Uploader of that decision.
Is it possible to appeal against Dailymotion’s decision to delete a video?
The law allows an Uploader to appeal against a deletion decision if the Uploader finds it unfounded. They have six months to do so. Find out more about our appeal process.
I’m not a resident of the EU, can I still request deletion of a video?
In principle, the process described in this article applies to residents of the European Union, Norway, Iceland, Lichenstein, UK and Switzerland. However, if the country of your residency provides similar rights as those granted by the GDPR, this process (adapted as needed to comply with your local laws) may apply to you as well.
Note that even countries that do not have personal data protection laws often provide legal means to protect your privacy. If you wish to file a video deletion request based on such other legal means, we request you to identify the law you wish us to apply refer to and justify why you think this law is applicable to you (for example, by providing proof of your residency).
The privacy of our users is very important to Dailymotion, and we want all of our users to enjoy a safe experience. As a content hosting platform, we do not choose videos available on our Service and have a very limited legal right to decide what is posted thereon. However, we are firmly committed to protecting all of our users by enforcing their legal rights, including, where necessary, by removing content that infringes these rights.
Additional information:
- Learn more about the process applicable to the Uploader.
- Learn more about the process applicable to the Requestor.