3,000 euros fine for broadcasting on WhatsApp the video of a customer who staggers up from the bar table and finally falls. It is the fine that the Spanish Data Protection Agency (AEPD) has imposed on the owner of the establishment, located in a town in Almería, after the images captured by their security cameras were viralized in the messaging app, they were shared on social networks and even published on the website of a local newspaper.
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“The dissemination of such images caused damage and harm to both the honor and image of the claimant, as well as that of his family, as it is a small town in which he is well known,” states the claim filed by the protagonist before the AEPD . The events occurred in the summer of 2020 and all the neighbors who saw him were able to identify him. The reason is that the man is deputy mayor of the town and has been accused of transfuguismo for not supporting a motion of censure presented by his previous party, which he left to go to the ranks of the mayor.
The AEPD recalls in its resolution, published this tuesday, that surveillance camera images cannot be used for a purpose other than security. “The purpose of a video surveillance system is the security of private property and residents against external aggressions,” he details. For this reason, it indicates as an infringement of privacy laws the fact that they have been “used to disseminate an event that occurred inside the establishment, which has nothing to do with alleged criminal conduct, through a WhatsApp group, as well as as well as by other means of dissemination of a public nature “.
“It is proven”, continues the body, “that a treatment of the data of the affected has been carried out with the intention of zaherir using the images obtained from the installed camera system in order to affect the honor of the same by disseminating images of the claimant that could affect his public reputation. ”
The broadcast of the recording of the fall of the councilor went viral after the presentation of a lawsuit against him by the owner of the premises. This ensures that that same day the mayor had threatened to close the bar taking advantage of his position as councilor for Urbanism in a discussion that took place in the establishment itself.
The purpose of a video surveillance system is the security of private property and residents against external aggressions
Spanish Agency for Data Protection
The owner of the bar, brother of the opposition leader, filed a criminal complaint against the deputy mayor. An investigating court opened preliminary proceedings and has summoned both to testify, as reported by the local media Almería Hoy, that posted a recording of the discussion in which the accused is heard referring to his position as town planning councilor as he is going to “sink” the premises.
In the AEPD procedure, opened in January 2021, the owner of the bar has not presented any allegations. Nor when he was notified of the proposed resolution with the fine of 3,000 euros for violating data protection regulations, on July 27.
Faced with this procedural silence, the agency has made the decision firm and reminds the owner of the premises that they have until October 20 to pay it. “In accordance with the evidence available in this sanctioning procedure, it is considered that the defendant has proceeded to publicly disseminate the images obtained from the video surveillance system under his responsibility without just cause,” concludes the AEPD.