Court case I C 1061/19 – Court Ruling (Poland, 2025)
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A data subject filed a lawsuit against a hotel and service company (the controller), seeking PLN 50,000 (€11,500) in compensation for the alleged unlawful use of her image and an injunction prohibiting its use on an outdoor billboard. The data subject had been employed by the controller from 1 April 2017 to 30 September 2017. She claimed that in 2019 her image appeared on the billboard for approximately three months without her consent. She sent three letters requesting the removal of the image and compensation. While the controller removed the image, it refused to pay compensation. The data subject relied on Article 82 GDPR, Articles 23 and 24 of the Civil Code (Kodeks cywilny) and Article 81 of the Act of 4 February 1994 on Copyright and Related Rights (Ustawa o prawie autorskim i prawach pokrewnych), arguing that her personal rights were infringed and that her former employment did not constitute consent. She also stated that the image appeared on the defendant’s Facebook profile from 29 September 2017 to 23 November 2020 without her consent. The controller argued that it was not liable because it had commissioned an external company to produce the advertisement. It claimed that the data subjects had given verbal consent to participate in a professional photo, and that her image appeared only as a minor background detail, which did not require consent under Article 81(2)(2) of the Act on Copyright and Related Rights. The controller also stated that the data subject could not be identified from the billboard and that any liability for infringement rested with the advertising company. The court held that the data subject did not consent to the use of her image for advertising purposes. It established that she participated in the photoshoot under instructions from her supervisor, believing only her hands would appear, and that no consent was given for the publication of her face. The court argued that the controller made the decision to publish the image and is
GDPR Articles Cited
A data subject filed a lawsuit against a hotel and service company (the controller), seeking PLN 50,000 (€11,500) in compensation for the alleged unlawful use of her image and an injunction prohibiting its use on an outdoor billboard. The data subject had been employed by the controller from 1 April 2017 to 30 September 2017. She claimed that in 2019 her image appeared on the billboard for approximately three months without her consent. She sent three letters requesting the removal of the image and compensation. While the controller removed the image, it refused to pay compensation. The data subject relied on Article 82 GDPR, Articles 23 and 24 of the Civil Code (Kodeks cywilny) and Article 81 of the Act of 4 February 1994 on Copyright and Related Rights (Ustawa o prawie autorskim i prawach pokrewnych), arguing that her personal rights were infringed and that her former employment did not constitute consent. She also stated that the image appeared on the defendant’s Facebook profile from 29 September 2017 to 23 November 2020 without her consent. The controller argued that it was not liable because it had commissioned an external company to produce the advertisement. It claimed that the data subjects had given verbal consent to participate in a professional photo, and that her image appeared only as a minor background detail, which did not require consent under Article 81(2)(2) of the Act on Copyright and Related Rights. The controller also stated that the data subject could not be identified from the billboard and that any liability for infringement rested with the advertising company. The court held that the data subject did not consent to the use of her image for advertising purposes. It established that she participated in the photoshoot under instructions from her supervisor, believing only her hands would appear, and that no consent was given for the publication of her face. The court argued that the controller made the decision to publish the image and is
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case I C 1061/19 in PL
This is the only recorded case for this entity in this jurisdiction.
Details
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Cite as: Cookie Fines. Court case I C 1061/19 - Poland (2025). Retrieved from cookiefines.eu
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