AEPD (Spain) - E/03932/2020
|AEPD (Spain) - E/03932/2020
|Article 6(1) GDPR
Article 6(1)(a) GDPR
|National Case Number/Name:
|European Case Law Identifier:
|AEPD (in ES)
In a case regarding the processing of sexual images by a sex webcam website, the Spanish DPA concluded that by ticking a box attesting that they agreed with the controller's terms and conditions, the data subject had handed over the rights to their image to the controller, which thus had a legal basis for processing.
English Summary[edit | edit source]
Facts[edit | edit source]
A data subject addressed the Spanish DPA (AEPD) to request the removal of sexual images of themselves from several websites and from Twitter, where someone had created an account with a fake profile of the complainant where videos and pics were posted.
The DPA sent requests to Twitter and the mentioned websites to take down the content, with limited success.
With regards to the original images, they had been uploaded by the data subject to a sex webcam website. This site, as the respondent, alleged that the complainant had accepted their terms and conditions, that included a box that provided:
The DPA could verify that the box had been ticked by the complainant.
Holding[edit | edit source]
The AEPD concluded that, given that the complainant had ticked the mentioned box and therefore had handed their rights over their images to the controller, the controller had a legitimate basis for the processing.
Hence, the AEPD archived the case.
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English Machine Translation of the Decision[edit | edit source]
The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.