Data Protection enforces “zero tolerance” for dissemination of intimate videos

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tolerancia cero ante difusión de videos íntimos

Data Protection enforces “zero tolerance” for dissemination of intimate videos

Is it a crime to expose intimate videos of third parties without their consent? The answer is yes, it is prohibited by law. In fact, in the event that a person shares on a website or social networks, videos or intimate images of a third party without their prior consent may face legal consequences of administrative, civil and criminal nature.

In this sense, the responsibility for this type of conduct will be shared between the person who records such content and sends it, as well as those who, knowing the seriousness of this event, forward it and/or share it with others, thus contributing to the video or images in question becoming viral.

What to do when a person shares intimate videos to third parties without your consent?

First of all, the affected person must go to report this fact, being able to use the tool provided by the Spanish Data Protection Agency, through which you can block or remove the content shared publicly without having to identify yourself. Through this tool, whose success rate amounts to 90% of cases, it is sufficient to include a screenshot or extract of the video, image, audio that is being shared, as well as a reference to the platforms where it is hosted so that the Spanish Data Protection Agency can execute, in less than twenty-four (24) hours, a precautionary order to the platform in question for the urgent removal of the content.

It should also be noted that the aggrieved person may request before the Spanish Data Protection Agency to initiate a sanctioning procedure against the person or persons responsible for the dissemination of the intimate images, and this body may impose severe fines on the perpetrators of this crime.

Secondly, it is possible to file a police or judicial complaint since any image disseminated without the consent of the individual protagonist is susceptible to be reported to the authorities, as soon as the disclosure of the same seriously undermines the personal privacy of that person, thus obtaining that the conduct of the offender is punished by criminal proceedings with a prison sentence that may range from three (3) months to one (1) year or a fine of six (6) to twelve (12) months, as provided in Article 197.7 of the Penal Code.

In summary, we know that social networks are digital platforms created by individuals or organizations so that people with common interests can connect and share ideas, regardless of the distance that separates them. However, they are not always used responsibly and it is precisely this instant and accessible exchange of information that can jeopardize the privacy of users and even their lives, behaviors that should be reported by those affected and should be accompanied by the consequent reprisals.

Is it possible to file a complaint with the Spanish Data Protection Agency and with the police or the courts in parallel?

The incident could be reported in both ways without any problem, however, it should be taken into account that they are two ways with different speeds and that if what is intended is a quick removal of the images that could be circulating on the Internet and prevent their propagation, the most effective way is to previously report to the Spanish Data Protection Agency to proceed to its elimination. Otherwise, and if a complaint is filed at the same time with the data protection authorities and with the police or courts, the Spanish Data Protection Agency may not find it so easy to block the images immediately, since the court case initiated in the matter prevails over the administrative measure, and the latter could be paralyzed while awaiting the judges’ response.

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