The AEPD upholds a complaint by Honoralia against Sexforos for publishing personal data and images.
An former sex worker went to Honoralia because, when searching for her phone number on Google, a page appeared with information linked to her previous activity and a photograph that allowed her to be identified. After the website failed to respond, we submitted a complaint to the Spanish Agency from Data Protection, which was finally estimated.
Online reputation lawyers
Spanish Data Protection Agency
Organisation
Sexforums
Claimed page
Data and image protection
Material
Estimated claim
Result
Case summary
A former sex worker discovered that when she entered her phone number into Google, a Sexforos page appeared, linked to her past work.
The publication included personal data and a photograph of her face that unambiguously identified her. This exposure affected her privacy, her own image, and her digital reputation.
The legal team of Honoralia initiated the necessary proceedings to ensure that the website facilitated the exercise of their rights.
Which rights were affected?
The publication kept accessible information associated with a professional activity that the affected person no longer practised.
Furthermore, the presence of an identifiable photograph constituted the processing of personal data which required a valid legal basis and respect for the rights recognised by data protection legislation.
The affected party requested that the website address her request and take action on the personal information published.
What did Honoralia do?
Firstly, we sent a request to exercise rights to the email address provided by the website.
As we received no reply, we sent a registered letter with acknowledgement of receipt to the physical address included in the Legal Notice, using the communication service of the Illustrious Bar Association of Valencia.
Once the statutory 30-day period had elapsed without a response from the website, we lodged a complaint with the Spanish Data Protection Agency.
What was the AEPD’s decision?
The Spanish Data Protection Agency upheld the complaint filed and obliged the website to formally respond to the data subject's request to exercise their rights.
The resolution confirms that those responsible for a website cannot ignore requests related to personal data and must respond within the established legal timeframe.
Why is this case significant?
Establish a clear jurisprudential criterion that reinforces the protection of the fundamental right to data protection in the digital environment and limits restrictive practices by search engines that hampered its effective exercise.
Honoralia's work
The proceedings were handled by Honoralia’s legal team, which specialises in data protection, online reputation, right to be forgotten and the protection of one’s own image.
The action included analysis of the post, identification of the page administrator, submission of the rights request, communication by recorded delivery letter, and subsequent complaint to the AEPD.
Case file
Customer
Area
Online reputation / Data protection
Service
Exercising rights and making a claim to the AEPD
Responsible
Honoralia Legal Team
Phase / Type
Complaint regarding failure to respond to a request to exercise rights
Impact
Protection of personal data, image and digital reputation
Case process
1
Detection of the publication
The affected person discovers that their telephone number allows them to locate a page linked to their former professional activity on Google.
2
Legal analysis
Honoralia reviews the published content and checks for the presence of personal data and any image that could identify her.
3
Application for rights
A formal application should be submitted to the email address provided on the website.
4
Notice served by registered fax
In the absence of a reply, a registered fax is sent to the physical address given in the Legal Notice.
5
Complaint to the AEPD
Once the statutory time limit had expired, Honoralia lodged a complaint, which was ultimately upheld by the Spanish Data Protection Agency.
Legal and practical impact
Strengthen the right to erasure
Individuals may request that their personal data be deleted where the conditions set out in the regulations are met.
Protects one’s own image
A photograph that enables a person to be identified constitutes personal data and warrants specific protection.
Requires a response to requests
Website operators cannot ignore requests to exercise rights.
Allows attendance at the AEPD
When a request is not dealt with within the legal time limit, the affected person can lodge a complaint with the supervisory authority.
We protect your privacy and your online reputation
If your personal data, photographs or private information are published without your consent, our legal team can help you exercise your rights and lodge a complaint with the relevant authorities.