The Spanish Data Protection Agency (AEDP) has fined the leader of Se Acabó la Fiesta 5,000 euros (SALF), Luis ‘Alvise’ Pérez, for having published and disseminated on his Telegram channel photos of the daughter of the Minister of Transport, Óscar Puente, when she was a minor. The complaint was filed by the minister himself on behalf of his daughter, who was 17 years old at the time.
In the resolution, the AEDP concludes that the MEP committed an offense of article 5.1.c of the General Data Protection Regulation. Thus, it did not respect the obligation that the minor’s personal data be “adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed”, which is known as the principle of “data minimization”.
“For all of the above, in the present case, the processing carried out by the claimed party is excessive,” the resolution states. Furthermore, the organization states that It would not have been legal to publish the images if there was consent of the minor and imposes that the content published on the Telegram channel must be removed.
“When it comes to the dissemination of the image of minors in the media, the consent of the mature minor or their representatives is insufficient to legitimize the interference if the risk of harm to the interest of the minor is appreciated,” he adds.
Likewise, the document states that in the comment that accompanies the images she is identified as a “friend” of her father. Along with the claim, they are provided various screenshots of the publication that is the subject of the complaint, as well as the messages that were sent about it by users who viewed it.
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