Succeeding in social networks with a video that goes viral and racks up thousands of views can carry consequences. In this case, a data protection authority in Spain levied a fine of 10,000 euros on the creator of a recording made during a recent holiday night. The clip shows a man walking his dog, visibly intoxicated, clinging to a trash bin, and it captures the scene in a way that leaves little to the imagination.
Footage in which a person’s voice is audible for more than a minute and a half circulated broadly across platforms such as Facebook, Instagram, Twitter X, YouTube, and other networks. The wide distribution underscored how quickly a private moment can spill into the public sphere, reaching large audiences and leaving a lasting impact on the individual involved.
Local media noted that the content remained online for an extended period and continued to attract attention, including through social feeds where viewers commented on the person’s appearance. The video shows a passerby warning the individual about risks while others continue recording, sometimes reacting with humor rather than concern. The title of the video added a provocative angle, fueling further controversy surrounding its publication.
without consent
The data protection authority published its ruling on 28 August, later highlighted by a major news outlet, stating that disseminating a recorded video without the victim’s consent violated data protection principles.
The complaint described a distressing scene in which the person appeared highly unsettled by the prospect of consuming alcohol and had to pause in the middle of a street, with an unidentified motorist filming from a parked vehicle. The filing noted that the recording was done in bad faith and included comments suggesting the person should hold onto the trash can due to a deteriorating physical state.
Officials stressed that the behavior of the recording party seemed dismissive and disproportionate, marked by laughter and mockery rather than any clear offer of help. The person depicted was clearly identifiable, and the individual did not appear to be a public figure.
Initially, the video circulated through private messages and groups on messaging apps before expanding to public social networks, eventually reaching broad audiences on platforms such as Facebook, Instagram, Twitter, and YouTube.
The image is personal data
Alongside reporting the incident to data protection authorities, the complainant sought removal of the content from social networks. The authority clarified that a person’s physical image qualifies as personal data. When such images are published on websites, forums, or other publications in a way that identifies a person, they constitute data processing.
Administrative records show that the alleged author distributed the video across social networks without a lawful basis to justify processing the image. The filing indicates the individual did not want the recording to continue and did not provide any form of assistance to the subject. The agency emphasized that the situation involved a sensitive moment for the person involved and noted that the recording occurred at a time when the injured party was clearly identifiable to viewers.
Evidence suggested that the affected person’s face could be seen for a substantial portion of the clip, making identification possible. The agency concluded that the available facts supported disciplinary action and underscored the seriousness of treating someone’s image without consent.
As a result, the complainant was awarded compensation under the relevant provisions. The case noted that the defendant could appeal the decision through the appropriate administrative channels or pursue remedies in the national court system as allowed by law.