NANDIVALE, S.L. – €10,000 Fine (Spain, 2023)
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.
NANDIVALE, S.L. shared images of children from a birthday party on Instagram without getting permission from their parents. This is important because it shows that companies must respect privacy and get consent before posting pictures of minors online. The company was fined €10,000 for not following these rules.
What happened
NANDIVALE, S.L. posted images of minors from a birthday party on social media without parental consent.
Who was affected
The mother of a 4-year-old child whose image was posted without permission.
What the authority found
The Spanish DPA ruled that NANDIVALE lacked a valid legal basis for processing the child's image, violating Article 6(1) GDPR.
Why this matters
This case highlights the need for businesses to obtain consent before sharing images of minors. Companies should review their policies to ensure they comply with privacy laws.
GDPR Articles Cited
Entities Involved
The data subject was a 4 year old minor, who attended a birthday party at one of the establishments of the controller, Nandivale. The controller posted images showing the faces of children present at the party in the stories of its Instagram profile. After seeing the stories, the mother of the data sent an Instagram message to the controller, asking it to delete the image. However, the controller did not comply with the request and she filed a complaint with the Spanish DPA, claiming that she never gave her consent for the publication of her child's image. The DPA stressed that the physical image of a person must be considered as personal data under Article 4(1) GDPR, and thus, it requires a legal ground to be processed. The DPA also emphasized that, in addition to consent, there are other possible bases that legitimize the processing of data without the need for the authorization of the data subject. For instance, when it is necessary for the performance of a contract or for the satisfaction of legitimate interests pursued by the data controller or by a third party. In the present case, the DPA noted that the controller did not inform data subjects about the processing of personal data that it carried out, neither before nor after it took place. In other words, there was no information about the recording of images in parties organized at the controller's venur and their publication on its social media profile. The controller also did not inform if it relied on consent of the parents, in the case of minors under 14 years of age, or the consent of minors, over 14 years of age, differentiating this circumstance. Therefore,the DPA concluded that there was no accredited basis for the processing of minors' personal data and issued a fine of €10,000 for the violation of Article 6(1) GDPR.
Related Enforcement Actions (0)
No other enforcement actions found for NANDIVALE, S.L. in ES
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
14 July 2023
Authority
Agencia Española de Protección de Datos
Fine Amount
€10,000
GDPRhub ID
gdprhub-6156About this data
Cite as: Cookie Fines. NANDIVALE, S.L. - Spain (2023). Retrieved from cookiefines.eu
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