Succeeding in social networks with a video that went viral and got thousands of views, can be expensive its content involves making personal data available to the public, such as the image of a third party. Spanish Data Protection Agency was fined with 10.000 € To the author of the recording on Twelfth Night in 2022, a man walking his dog with obvious signs of drunkenness and barely standing while holding on to his trash can.
Images in which the voice of the recorded person is heard throughout the video, which lasts more than one and a half minutes,rider’s regiments Distributed through people who picked them up from their vehicle Facebook, Instagram, Twitter Xy today YouTube, and it had repercussions all over the national territory.
This newspaper confirmed that They can be seen even today Through this latest social network for the distribution of videos that have collected more than 6,000 visits. Inside, a car is seen approaching a person holding a trash can, wearing a long scarf that reaches almost to the ground, showing signs of drinking alcohol as his dog wanders around.
At first, the person recording the video warns him that the dog may be crushed and asks if he can leave the litter box, but he doesn’t come down to help him and just make fun of the situation continues to record him, despite the complaints of passers-by. The title of the video was “Drunk Captain Pescanova with his dog and scarf”.
without consent
The Data Protection Agency, in its decision published on 28 August and accessible to El Periódico de España of the Prensa Ibérica group, stated, “Mass dissemination of recorded video without the consent of the victim“.
In the complaint, it was stated that the person in question was severely disturbed by the “possibility of consuming alcoholic beverages” and had to stop in the middle of the street, while an unidentified person approached with his car. I’m filming him from the driver’s seat According to this section, he was warned “in bad faith” that he should cling to the trash can due to the bad physical conditions he was in.
“We understand that the attitude of the person who recorded the video was completely inconsiderate and disproportionate, that he laughed and mocked for no reason, did not even offer help in such a situation, did not offer any kind of help,” the complaint said. the face of the person recorded in the video can be seen, “to be completely recognizable”. It also highlights not a public figure.
Initially, the video was released to both individual users and groups via the WhatsApp app, both by the person who recorded it and by unknown persons, but eventually reached mass distribution platforms such as Facebook, Instagram, Twitter and YouTube.
The picture is a personal data
In addition to reporting the facts to Data Protection, the victim requested the deletion of the participating content from Facebook in December of last year. It is stated by the institution that “the physical image of the person is personal data”, therefore, in web pages, forums, publications, which identifies or makes a person identifiable, “represents the processing of personal data”.
In the light of the documents in the administrative file, it is clear from the Agency’s point of view that “the alleged party disseminated the complainant’s video via social networks. “Without a legal basis to justify the treatment of its image”, it is added that the enrollee has made it clear that he does not want to continue the recording. The agency explains how “sensitive situation” Person to whom the injured party was involuntarily visited at the time of registration.
In addition, emphasis is placed on ensuring that the affected person’s face can be fully understood during “thirty-five seconds per minute of the video,” and “allowing this to be clearly identified”. It was concluded: “According to the evidence available at the time the disciplinary procedure was resolved, the facts known constitutes a crime.”
10,000 Euro compensation paid “balance of considered conditions” In this particular case, the person sanctioned may appeal for annulment with the institution in person or may choose to have a document presented directly. You can file an appeal before the Contested Administrative Division of the National Court.