DPA case no. 2020010552 – Dismissed (Iceland, 2021)
General GDPR enforcement action
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A parent complained that their child's photos were posted on Facebook without permission, but the Icelandic DPA dismissed the case. This matters because it shows the complexities of privacy in family disputes. The DPA ruled that the photos did not violate privacy laws since they were publicly accessible.
What happened
Photos of a child were published on Facebook by one parent without the other parent's consent.
Who was affected
The child whose photos were published was affected.
What the authority found
The Icelandic DPA found that the publication of the photos did not violate privacy laws because they were publicly accessible and did not fall under GDPR rules.
Why this matters
This case illustrates the challenges of privacy in personal disputes. Parents should be mindful of sharing images of children on public platforms.
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The parent of a teenage child (Parent A) filed a complaint with the Icelandic DPA regarding the publication of pictures of the child in question on the Facebook page of the other parent (Parent B), as well as on the Facebook page of a third party (the Third Party). The pictures were published together with defamatory comments towards Parent A, due to a dispute between Parent A and Parent B regarding the custody of the child. Parent A wanted to have these pictures removed from Facebook. In the course of these proceedings, the Icelandic DPA received the views of all the parties involved, including of the child. In particular, the Icelandic DPA contacted the child by telephone and invited him to express his opinion on the publication of the pictures in question on Facebook. The child admitted that he had not been in contact with Parent 2 since the publication of the pictures, but that he would prefer to have them removed from any Facebook's pages, whether public or private. The Icelandic DPA first stated that the child was identifiable on the pictures, and that the publication of the pictures and the accompanying comments therefore consisted in the processing of personal data under the GDPR. The Icelandic DPA then considered whether such processing of personal data could fall within the household exemption set in Article 2(2)(c) GDPR. In the affirmative, the processing in question would not be subject to the rules set in the GDPR. The Icelandic DPA pointed out in this respect that the household exemption can only apply in connection with the sharing of personal data on closed social media accounts directed towards the private sphere (that is, accounts which only include a limited number of persons, and are not directed towards the larger public). It was found from the case file and the conducted investigation that the photographs of the child were accessible to all Facebook users, without any specific restrictions. Hence, the exemption to the material scope of the GD
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for DPA case no. 2020010552 in IS
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case no. 2020010552 - Iceland (2021). Retrieved from cookiefines.eu
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