Municipality of Malý Lapáš – Court Ruling (Slovakia, 2025)
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A court ruled that the Municipality of Malý Lapáš wrongly fired a kindergarten teacher for posting children's photos online. This is important because it emphasizes the need for clear consent regarding personal data. Schools and organizations should ensure their employees understand data privacy rules to avoid disputes.
What happened
The Municipality of Malý Lapáš terminated a teacher's employment for posting children's photos on her private Facebook account without consent.
Who was affected
The kindergarten teacher and the children whose photos were posted were affected by this decision.
What the authority found
The court decided that the teacher's actions violated data protection rules because she did not have permission to share the children's photos on social media.
Why this matters
This ruling sets a precedent for how personal data should be handled by employees. Organizations must ensure that staff are aware of consent requirements when sharing images of individuals.
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A kindergarten teacher (hereinafter, the teacher) has been working for the Municipality of Malý Lapáš (hereinafter, the municipal school) since January 2016. On 4 July 2023, the controller immediately terminated the teacher's employment on the basis of a serious breach of work discipline. The municipal school relied on two incidents. First, the teacher had allegedly left the workplace shortly before the end of her working hours without the consent of her superior. Second, she had published photographs of children from the kindergarten on her private Facebook profile. The photographs were taken during an overnight kindergarten event. The teacher published seven photographs alongside a post thanking a local pizzeria for providing sponsored pizza to the children. She maintained that she had tried to avoid showing the children's faces and that her intention was merely to thank the sponsor. The municipal school argued that the photographs constituted personal data and that the teacher was not authorised to publish them on her private Facebook account. Parents provided an informed consent at the beginning of each school year which permitted the publication of photographs through specified channels, including the municipality's website, the kindergarten's official website, EduPage and within the kindergarten premises. This consent did not cover publication on an employee's private Facebook profile. The teacher admitted that she did not have prior written consent from the children's legal representatives for publication on her private account. She considered the general informed consent sufficient and claimed that the parents had been aware of the planned publication. After the termination of her employment, she attempted to obtain additional consent from the parents. The teacher challenged the immediate termination before the Court and requested a declaration that the termination was invalid as well as compensation for lost wages. The Court upheld the teacher's claim and
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Municipality of Malý Lapáš in SK
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Municipality of Malý Lapáš - Slovakia (2025). Retrieved from cookiefines.eu
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