gdpr photography
painting of a child
<p>I live in Europe. My wife's friend has made a painting of my wife and daughter.</p>
<p>The painting has been done from a photo, which my wife's friend, the painter, has taken. I did not have any idea about the photo.</p>
<p>My 1 year old daughter is naked inside the picture, and for that reason in the painting as well.</p>
<p>I am very upset about the painting, and also about the photo.</p>
<p>My wife knew about it, and already agreed with her friend, but there is no any consent signed.</p>
<p>And I definitely do not give any consent.</p>
<p>Today I sent an email to the person, and politely asked to delete. I made it clear that, if she will not delete the painting, I will go to court and ask for my rights. I would like to sue her (the painter) because of drawing my child as naked, without my consent.</p>
<p>As I heard her answer was no.</p>
<p>Can a court compel her to comply with my request?</p>

<p>In order to sue someone (successfully, not just waste their time and the court's time), they have to have done a legal wrong. A picture can be taken with consent, and a painting can be made from that picture with consent. A 1 year old child does not have the legal capacity to consent, but a parent does. It only requires the consent of one parent. In the event that you had filed a petition with the court to override your wife's consent (I don't want to suggest that there are any reasonable prospects that you could have done that), you might have blocked the initial photograph. As it stands, you have no basis for legal action against the painter.</p>
