Editing AEPD - PS/00335/2019

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The AEPD fined EUR 4,000 individual for taking pictures at the beach without the consent of the data subjects.
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The AEPD fined an individual for taking pictures at the beach without the consent of the data subjects.
  
==English Summary==
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== English Summary ==
  
===Facts===
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=== Facts ===
 
The data processor took pictures of women at the beach. The pictures allowed an identification of the concerned women. The police filed a respective claim with the AEPD on July 9, 2019.
 
The data processor took pictures of women at the beach. The pictures allowed an identification of the concerned women. The police filed a respective claim with the AEPD on July 9, 2019.
  
===Dispute===
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=== Dispute ===
 
Whether the taking of pictures in public without the consent of the data subjects infringes Article 6 (1) (a) GDPR.
 
Whether the taking of pictures in public without the consent of the data subjects infringes Article 6 (1) (a) GDPR.
  
===Holding===
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=== Holding ===
 
The AEPD fined the data processor in an amount of 4,000 Euro for the violation of Article 6 (1) (a) GDPR. Since the women on the pictures can be identified, a consent was required for capturing the pictures. The fact that the women were in public does not harm their right of privacy. The opposite, the facts that the women were mainly not aware of the pictures and the pictures are quite sensitive make the strengthen of the privacy rights necessary. The intention of using the pictures on the phone and the denunciation of “sexual touching” in a public area were further taking into account for the fine.
 
The AEPD fined the data processor in an amount of 4,000 Euro for the violation of Article 6 (1) (a) GDPR. Since the women on the pictures can be identified, a consent was required for capturing the pictures. The fact that the women were in public does not harm their right of privacy. The opposite, the facts that the women were mainly not aware of the pictures and the pictures are quite sensitive make the strengthen of the privacy rights necessary. The intention of using the pictures on the phone and the denunciation of “sexual touching” in a public area were further taking into account for the fine.
  
==Comment==
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== Comment ==
  
  
==Further Resources==
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== Further Resources ==
 
''Share blogs or news articles here!''
 
''Share blogs or news articles here!''
  
==English Machine Translation of the Decision==
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== English Machine Translation of the Decision ==
 
The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.
 
The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.
  

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