The National Court confirms the penalty of 6,000 euros imposed on a man for uploading a video of an attack by a man on a woman · Legal News

2024-09-07 03:34:49

The National Court, in a ruling on June 27, confirmed a sanction from 6.000 euros imposed on an individual by the Spanish Data Protection Agency due to the circulation, through social networks, of a video showing images of an attack by a man on a woman, which could be a crime of gender violence, and also showing a young male minor, his intervention on the spot trying to prevent put on the attack that was going on.

The beginning of consent expressly requires the unequivocal consent of the concerned party to be able to process their personal data, which allows them to exercise effective control over their data and guarantees their power to dispose of them. Under this principle, it is assumed that consent can be given expressly, verbally or in writing, or implied, by repeated and conclusive actions showing its existence, but in any case, consent must be “unequivocal”. .

In the case, there is none unequivocal consent of the mother who appears in the video. Furthermore, the people involved – both mother and child – are fully recognizable in the images.

a few followers

On the other hand, the Court rejects that the processing of the data took place within the scope of the exception which the controlled party argued was restricted processing, that he had few followers on the social network Twitter, or that he did not regular. use said network.

It is also not accepted that the dissemination of the video is protected by the right to freedom of information since the appellant’s objective was to disseminate information to as many people as possible. In the arrest of the tweet made by the Data Inspector responsible for the previous investigative actions, 190 retweets visible; 207 tweets and 209 likes, So, contrary to what has been reported, the number of Twitter followers allowed is quite large.

Finally, the ruling addresses the appellant’s argument of lack of guilt, and suggests that this is weakened only by the fact that the proceedings regarding someone else’s distribution of the video were archived.

For all those reasons, for the Court the sanction is measured and proportionate to the seriousness of the offense committed and the entity of the facts, and appropriately motivated, without regard to any reasons that justify its reduction.