News

? Consent is Never Implicit!

Source : PS 00471-2023

? A content creator posted a video on TikTok and Instagram, featuring a 13-year-old minor answering personal questions, including about her sexual life. The video was then shared across multiple platforms, including Twitter.

? Context & Investigation

? April 18, 2023 - Initial Report:
• ? The Spanish National Police informed the AEPD after a parental complaint.
• ? The video went viral, garnering a significant number of views and interactions, leading to mockery.

?? AEPD Action:
• ? Opened an investigation and requested the removal of the video.
• ?? Video was deleted from platforms but remained available on third-party accounts.

?? Influencer’s Justification:
• ? The influencer claimed the video was recorded at the request of teenagers who wanted to be featured.
• ? He believed parental consent was implicit, as no opposition had been expressed before publication.

?? Violations Identified

The AEPD found multiple violations of the GDPR:

1?? Article 9-1: Unlawful Processing of Sensitive Data
? The video revealed information about the minor’s sexual life.
? Sanction: €3,000

2?? Article 6: Lawfulness of Processing
? No legal basis for recording and sharing the video.
? Sanction: €3,000

3?? Article 5.1.c: Data Minimization
?? Excessive dissemination of the minor’s image and voice.
? Sanction: €3,000

4?? Article 13: Transparency of Information
?? The parents were not informed about the data processing.
? Sanction: €1,000

? Sanctions Imposed

? Total Fine: €10,000
? Prohibition on processing personal data without consent.