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The copyright doesn't affect anything. The information about people derived from the picture is a separate artifact from the picture itself. That information is owned by Facebook, not the copyright holder of the picture, and its distribution is subject to a different set of laws. It counts as Personal Data under GDPR and Personal Information under CCPA, as well as biometric information under BIPA in Illinois.

The real issue is that CCPA can only be enforced by the California Attorney General's office. This means that Facebook's violation of CCPA is, quite literally, as much of a political issue as a legal one. (CCPA's private right of action only applies to data breaches, not to other CCPA violations.)



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