- Enforcing jurisdiction
- Poland · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case II SA/Wa 1899/20 – Court Ruling (Poland, 2021)
Privacy enforcement record
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A Polish court ruled that a music video producer did not unlawfully process a woman's image because she had given consent. The case shows that consent for using personal data must be clear and specific. It reminds creators to ensure they have proper agreements in place.
What happened
The music video producer used a woman's image without a formal contract but had her consent.
Who was affected
The woman whose image was used in the music video.
What the authority found
The court decided that the producer acted lawfully since the woman had consented to the use of her image.
Why this matters
This case highlights the importance of clear consent in creative projects. Producers should ensure they have explicit agreements to avoid legal issues.
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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
Ruling Date
23 March 2021
Authority
DPA WSAWarsaw
About this data
Cite as: Cookie Fines. Court case II SA/Wa 1899/20 - Poland (2021). Retrieved from cookiefines.eu
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