AEPD (Spain) - ps-00205-2021
|AEPD (Spain) - ps-00205-2021|
|Relevant Law:||Article 6(1) GDPR|
|National Case Number/Name:||ps-00205-2021|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD (in ES)|
|Initial Contributor:||Paola L.|
The Spanish DPA fined an individual €10,000 (reduced to €6000) for disseminating a video, showing images of gender-based violence, on social media without the consent of the parties involved.
English Summary[edit | edit source]
Facts[edit | edit source]
In July 2020, the AEPD initiated an investigation after becoming aware of the dissemination, through a social media network (Twitter), of a video that showed images that could constitute a gender-based violence crime. The video was accompanied by a message aiming to raise awareness about violence perpetrated against women.
Although the video was also disseminated by the media, they pixelated the the faces of the victims. However, in the video that was retweeted by the individual against whom the investigation was launched, it was possible to identify the victim of gender-based violence as well as her child. Considering the facts, the AEPD contacted the individual (controller), requesting information about the origin of the video and why the faces of the victims had not been blurred.
Nevertheless, later the AEPD could confirm that the content was labelled as sensitive without being removed from the platform.
Holding[edit | edit source]
The AEPD indicated that the physical image of a person constitutes personal data according with Article 4(1) GDPR therefore its processing falls within the scope of GDPR.
The DPA also analysed whether the controller had an appropriate legal basis for the processing of personal data, and concluded that as the video was recorded and published without the consent of the parties involved, there was no appropriate legal basis in place for the processing of personal data.
The AEPD held that there had been a breach of Article 6(1)GDPR, which was considered 'grave' because of the nature of the infringement, and fined the data subject €10,000, that was reduced to €6000 for voluntary payment and for the admission of guilt.
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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.