Thursday, March 28, 2013

YouTube privacy policy leads to warning for Legendary

Bulletin: As instructed by YouTube, The Legendary edited the title information in the Dashcam video furnished by the Texas Department of Public Safety to eliminate Mr. Gooden's name within the 48-hour time period specified.

Publishing a DPS dashcam video released under the provisions of the Texas Open Records Act is possibly a violation of an area school administrator's privacy, according to YouTube, an on-line video broadcasting service.

In the video, a State Trooper arrests Mart School District Superintendent Todd Gooden and his wife, Mr. Gooden for driving while intoxicated, Mrs. Gooden for public intoxication.

Legendary Reporter R.S. Gates obtained a copy of the dashcam video under the provisions of the Texas Open Records Act, Section 552 of the Local Government Code, as well as copies of the “first page” offense and arrest reports.

The Legendary published a news story about the matter as an item gleaned from the public record.

In the video, Mr. Gooden denies having done any drinking after the trooper confronts him about nearly hitting his car where it was parked by the side of the road on I-35 near Bellmead. He claims they have been to a movie.

He gave a blood alcohol content sample, which was many percentage points over the legal limit for driving under the influence.

When the trooper questioned Mrs. Gooden, he asked if Mr. Gooden had been drinking, and she said he had, but not anywhere near as much as she had.

Then she contradicted Mr. Gooden's earlier assertion that they had been to a movie. She said they had been drinking at a popular downtown night spot named Crickett's.

In an e-mail sent at 10:12 a.m. On Thursday, March 28, YouTube has ordered The Legendary to either remove all mention of the names of the people on the video within 48 hours, or remove it altogether from the account. We reproduce their letter of warning here.

Dear Jim Parks,

This is to notify you that we have received a privacy complaint from an  
individual regarding your content:



We would like to give you an opportunity to review the content in question  
and remove any personal information that may be used to uniquely identify  
or contact the complainant.

You have 48 hours to take action on the complaint. If you remove the  
alleged violation from the site within the 48 hours, the complaint filed  
will then be closed. If the potential privacy violation remains on the site  
after 48 hours, the complaint will be reviewed by the YouTube Team and may  
be removed pursuant to our Privacy Guidelines  

( For content to be considered  
for removal, an individual must be uniquely identifiable by image, voice,  
full name, Social Security number, bank account number or contact  
information (e.g., home address, email address). Examples that would not  
violate our privacy guidelines include gamer tags, avatar names, and  
address information in which the individual is not named. We also take  
public interest, newsworthiness, and consent into account when determining  
if content should be removed for a privacy violation.

If the alleged violation is located within the video itself, you may have  
to remove the video completely. If someone's full name or other personal  
information is listed within the title, description, or tags of your video,  
you can edit this by going to My Videos and clicking the Edit button on the  
reported video. Making a video private is not an appropriate method of  
editing, as the status can be changed from private to public at any time.  
Because they can be turned off at any time, annotations are also not  
considered an acceptable solution.

We're committed to protecting our users and hope you understand the  
importance of respecting others' privacy. When uploading videos in the  
future, please remember not to post someone else's image or personal  
information without their consent. For more information, please review our  

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