Protecting Consumer Privacy in Gyms: Cernac’s Efforts and Legal Requirements explained

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The National Consumer Service (Cernac) explained that it provided the service to gyms and training centers in the country for a very simple reason: “Put a check on dishonest people”Said.

The actions of the supervisory entity arose after the presence of Videos on social networks in which third parties record people training them, either to mock them or to sexually exploit them.

In fact, he recalled, “some time ago the case of a judge who recorded and broadcast photographs of women in a gym in Viña del Mar was made public.”

The service requested from gyms and training centers is support from Customer Privacy Protection Protocols“Focusing on protecting consumers’ private lives.”

Sarnak and privacy in the gym

On social networks like Instagram or TikTok, Cernak explained, Videos circulate of people who have been recorded misusing a machine during training or who are unable to lift a weight when lifting weights.

The service said, these images are captured and viral many times “Arouse ridicule”, This adds to “other more complex practices, such as recording people to train them for sexual exploitation, which is a concern.”

According to Cernak, “Obviously there would be no a priori irregularity in a person recording himself training or showing his exploits on the machines in a gym or training center.”

He further said, “The problem arises when These recordings are made for third parties and broadcast intentionally to mock or sexually exploit people who have not given their consent to be recorded or photographed.

For this reason, the entity notified a large number of gyms through the different chains that operate in Chile, so that they could respond to the entity within a period of 10 business days about the protocols they have in place and how to avoid situations. So that we can present it to all our customers. Exposing the privacy of third parties in these private areas.

What does the law say

Consumer law is clear in this regard and one of the guarantees that suppliers must give to their customers or consumers is that “Security in Services”Protecting health (including mental health) and “avoiding risks that may affect them.”

Similarly, all consumer activities “must generate mechanisms to protect each consumer’s personal data, including Security of the image of every person residing in the private premises of the company providing services.”

Andres Herrera, director of Cernac, said the institution “also strives to adapt to various changes in consumer behavior; And gyms are places that have become popular across the country and attract the interest of a large number of people.

In this sense, he explained that they are “interested in being able to coordinate with suppliers, So that they guarantee the essential rights of their clients in their training and that they are not exposed on social networks by third parties.”

Furthermore, Herrera emphasized that these spaces “must be safe spaces for consumers, in which people who visit their offices feel comfortable and protected, because “They’re paying for a service that should be guaranteed.”

Finally, Cernac urged companies that do not yet have protocols in place “to complete them as quickly as possible.”

For this reason, he gave some basic elements to prepare for it: “They must guarantee true and timely information to clients and always focus on protecting against practices that harm the physical and mental health of the people attending their facilities. Mental can put both privacy and security at risk. ,

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