Court case II SA/Wa 1899/20 – Court Ruling (Poland, 2021)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
A Polish court ruled on a case where a woman's image was used in a music video without a proper contract or payment. Although she initially consented, she later withdrew her consent, but her image continued to be used. This case emphasizes the importance of clear agreements and respecting consent in media productions.
What happened
A woman's image was used in a music video without a proper contract or payment, and her consent was later withdrawn.
Who was affected
The woman who participated in the music video and had her image used without a proper contract or payment.
What the authority found
The court found that the use of the woman's image without a proper contract and after consent withdrawal was unlawful.
Why this matters
This ruling highlights the importance of obtaining clear, contractual agreements and respecting consent, especially in creative industries. It serves as a warning to media producers to ensure they have valid legal bases for using personal data.
GDPR Articles Cited
The data subject filed a complaint with the supervisory authority about the unlawful processing of her personal data, in particular her image, by a sole proprietor (the controller). The complainant stated that she had been invited by the controller to take part in a music video which he was to produce. The complainant gave her written consent to the free processing of her personal data, including the use of her image by the controller. The unpaid consent to data processing in question covered the use of the complainant's personal data, i.e. her image, in connection with the production of a music video by the band [...], made for the song "[...]", which was subsequently published on the [...] portal. The complainant emphasised that she did not enter into a contract with the Controller covering her participation in the clip, nor did she receive any remuneration for appearing in the clip or for the use of her image. The complainant explained that, after her performance, she received the sum of PLN 150 as reimbursement of costs associated with the preparation for the music video and travel to the shooting set. This amount was also compensation for the time spent by the complainant on, among other things, studying the script of the music video. The Controller published the abovementioned music video on his recording studio's profile on the website [...], also making available there the complainant's personal data in the form of her first and last name. The Controller also published on the [...] and Instagram portals a photographic material with the image of the complainant, making available there also her personal data in the form of her first and last name, as well as another film material using the image of the complainant ([...]). The photographic material using the image of the applicant and her name and surname data was also made available by the applicant to other commercial portals. In January 2019 the complainant withdrew her consent to the processing of her pe
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case II SA/Wa 1899/20 in PL
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case II SA/Wa 1899/20 - Poland (2021). Retrieved from cookiefines.eu
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