Any person with parental authority over a child who is not of digital majority (set at 15 years old in France) and the minors themselves, can request the erasure of their personal data on Dailymotion.
This right concerns both personal data shared by a minor and that posted online by a third party (whether a minor or an adult).
What is the right to erasure?
The digital right to erasure allows both adults and children to have their personal data deleted. This right is also known as the ‘right to be forgotten’.
The posting of a minor’s personal data online by a third party
The General Data Protection Regulation (GDPR) conditions the processing of third-party personal data on the existence of a legal basis which, in the majority of cases, is consent. This generally means that a video containing a child's personal data cannot be published without its parents’ consent (or that of the child having reached the digital majority).
Who should ensure that my consent has been obtained?
The person who uploaded the video and who thus collected and communicated a child's personal data (e.g. image, voice, name) is responsible for the processing of this personal data (Data Controller).
Pursuant to the GDPR, it is Data Controller’s obligation to ensure legal conformity of its data processing operations.
This means that the user who uploaded content containing child’s personal data on Dailymotion is a Data Controller and, as such, is responsible for the processing of this data. He/she must ensure compliance with the GDPR and obtain consent of the persons concerned (or establish another applicable legal basis).
How to obtain the deletion of content containing the personal data of a minor?
Contacting the user who uploaded the video (the Data Controller)
If a video on Dailymotion contains personal data of a child, we invite you to contact the user who posted the content directly via the information available on their channel. Only he/she can respond to your request to erase personal data.
Report it to Dailymotion
We ask you to send us any information likely to facilitate the processing of your request (details of the facts and supporting documents allowing us to verify your identity and confirm that it is your data or that of your child which appears in the notified video).
Dailymotion will forward your data deletion request to the user who posted the content online (Data Controller) who will then have one month (renewable once) to respond.
When the data deletion request concerns data of a minor, Dailymotion temporarily deactivates access to the video as a preventative and protective measure.
At the end of the response period, if the user who uploaded the content containing personal data of a child (Data Controller):
- Refuses to remove the video: he should inform you of the reasons for his decision and of your right to appeal to the CNIL (or to any other competent personal data protection authority).
- Does not respond: Dailymotion will acknowledge Data Controller’s non-compliance with a legal obligation to process your data deletion request and will remove the content.
- An adult user, whose personal data was collected when he/she was a minor, can invoke the right to be forgotten. This right applies if it is proved that he/she was a minor at the time of collection of his/her personal data.
- Dailymotion may be required to retain certain personal data following a deletion request in order to comply with its legal obligations.
- Did you know? In the European Union, the digital majority varies between 13 and 16 years old.