Court case: School ordered to pay €1,000 for failing to delete photos of a minor from the internet

Court case: School ordered to pay €1,000 for failing to delete photos of a minor from the internet

Recently, the Provincial Court of Madrid has ruled in a case that highlights the importance of safeguarding the children's right to self-image in educational settings.

Parents of a pupil school sued for failing to remove photos of their daughter from the internet. Although the claim was dismissed at first instance, the Audiencia Provincial has ordered the college to to compensate the parents with 1,000 eurosrecognising the infringement of the minor's rights to privacy and self-image.

This case sheds light on the need to establish clear protocols to protect students' privacy and ensure an effective response to online requests for removal of personal data.

Context and background

In the digital age, the omnipresence of technology has transformed the way we interact and share information, creating an environment where privacy and protection of personal data have become issues of great relevance and concern.

Within this context, the educational field does not escape this reality, and faces increasingly complex challenges in terms of the appropriate management of student information.

The digitisation of educational processes has brought with it the the need to establish clear and effective protocols to ensure the security and privacy of pupils' personal dataand to properly manage content shared on online platforms.

In this sense, the Madrid Provincial Court case is particularly relevant, as it highlights the importance of adequately addressing the protection of students' privacy in the digital environment.

The legal precedents, both at national and European level, provide a regulatory framework who is looking for safeguarding fundamental rights of individuals in the digital realmThe EU's privacy policy is a key element of the EU's online privacy policy, setting out clear guidelines on the handling and protection of personal data. However, effective implementation of these regulations and raising awareness of the importance of online privacy remain challenges in many educational contexts.

Court case: School ordered to pay €1,000 for failing to delete photos of a minor from the internet

Development of the child's case

The development of the minor's case started with her school enrolment in 2016 to study Early Childhood Education.

Three years later, in July, the minor was withdrawnand the parents requested the school, by means of a burofax, to exercise their right of appeal. right of access to all personal data relating to your daughter, including the deletion of any images or personal information on the internet.

Despite the school's assurances that all the data had been deleted, parents discovered that images of their daughter were still being published. on the school website and on social networks such as Facebook.

In the absence of a response from the school to their request for deletion of data, the parents appealed to the Spanish Data Protection Agency.

Judgment at first instance

In the judgment of first instanceThe Court of First Instance No. 102 of Madrid dismissed the action of the parents. They argued that the images in question did not invade the child's privacyThe children were involved in play and educational activities with their peers.

In addition, it was stressed that the parents had initially given their consent and that it was difficult to identify the child as she appeared in a group with other children.

It was also mentioned that the Spanish Data Protection Agency (AEPD) had not admitted the complaint. for violation of Article 17 of the General Data Protection Regulation (GDPR), which refers to the right of erasure.

The school claimed that the delay in removing the images was due to a misunderstanding between the parents and the child's guardian, inefficient action by the school to remove the content from social media, and difficulties caused by the COVID-19 pandemic and the State of Alarm.

Court case: School ordered to pay €1,000 for failing to delete photos of a minor from the internet

Appeal and final decision

In response to the judgment of the first instance, the parents decided to to lodge an appeal appeal to the Madrid Provincial Court.

In their appeal, the parents argued that the school had infringed the minor's fundamental rights to privacy and self-imageThe child's images remained public on the internet despite his requests for their removal.

The Madrid Provincial Court, in analysing the case, took into consideration a previous judgment which highlighted the right of children not to be subjected to unjustified intrusions into their private life or to suffer unlawful attacks on their honour. In addition, protection was granted against harmful use of the child's image.

The judges of the Provincial Court concluded that the schoolgiven the importance of the fundamental right to the child's own image, had an obligation to implement the means necessary to protect that right. By failing to do so and failing to respond effectively to the requests for deletion of data, it was considered that there had been a interference with the child's right to her own image.

As a result, the Audiencia Provincial of Madrid decided to order the school to to compensate the parents with 1,000 eurosThe Court of First Instance, thus recognising the infringement of the child's rights to privacy and to her own image.

This final decision set an important precedent in protecting the privacy of institutions in adequately safeguarding the personal data of their students.

Leave a Reply

Your email address will not be published. Required fields are marked *

en_GBEnglish (UK)
Immediate online

And choose which negative content you want to remove

Open chat
Need help?
Hello 👋
How can we help you?