To post images of minors in the social media without the consent of their parents can be very expensive. The Spanish Data Protection Agency (AEPD) has filed a fine of 5,000 euros against a Catalan couple who hung up on their accounts in Facebook and instagram videos in which a minor appeared.
The mother of that girl filed a lawsuit last October against the Casal de l’Espluga de Francolí, denouncing that the center had shared in Internet images of his daughter without counting his authorization previous. The published video showed the minor playing with other minors and protesting an arbitration decision with which she did not agree. The complainant pointed out that she was attacking the honor and reputation of the girl.
The procedure was admitted for processing and the resolution that was published last Friday indicates that the house violated the minor’s right to her physical image, which was shared on networks without the consent of her legal guardian. The AEPD establishes that the regulations on the Data Protection of a personal nature. Based on this, it has imposed a penalty fee Administrative of 5,000 euros. If the couple agrees to acknowledge his responsibility and pay voluntarily, two reductions will be applied that will leave the penalty at 3,000 euros.
Protect personal image
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The physical image of a person is considered personal data, which makes it legally fall under the umbrella of General Data Protection Regulation (GDPR). The Spanish authority in this matter points out that for someone to make a deal with this data, such as sharing it on social networks, there must first be a legal basis that legitimizes it. The sanctioned party did not have this legal basis (which includes the consent of the person), which makes their acts illegitimate and, therefore, punishable.
Let us remember that art. 6.1 GDPR indicates the legality of treatment: pic.twitter.com/KcmrzZtOwB
— Alba del Campo ⚖️ (@alba_delcampo) January 29, 2023
Violating the GDPR can lead to administrative fines of a maximum of 20 million euros or, in the case of a company, an amount equivalent to 4% of the annual and global turnover of its last financial year.