PSR16_WebBanner_300x250-wCopy
OneTrust_Webcon_BB_300x250_ad_04.25.2016.v5-01
Certification_Ad_300x250final-01

The Spanish government recently resolved, on 11 October, to submit to Congress a bill on the reform of the Criminal Code which, among other things, includes the possibility of sentencing to prison people who disseminate private videos without the consent of the persons involved, even if they were recorded with the victim’s consent and that person made them available to somebody else. The Criminal Code in force only punishes the seizure or interception of private messages of the victim, but it does not establish what should happen if that person provides them to a person who later disseminates them.

A few weeks ago, a private video with erotic contents affecting an alderwoman from a town council in the province of Toledo was disseminated. The dissemination of the video led to a stream of comments in the media. The video was disseminated without the protagonist’s consent.

Without prejudice to the infringement of the Spanish Data Protection Act of 1999, the government wishes to prevent similar situations from being repeated and it has therefore passed a bill that establishes a punishment of three months to a year in prison for those who “without the authorisation of the person involved disseminate, disclose or grant to third parties images or audio-visual recordings of that person,” provided that said dissemination “seriously tarnishes that person’s privacy.”

The requirements for an act to be considered as incurring in such an offence are that the recordings were obtained with the victim’s consent, that is, consenting to the recording but not to the dissemination of that recording, and that the recording took place “at a home or any other place beyond the view of third parties.” In this respect, the issue arises of what is to be understood as a place beyond the view of others. The government has stated that it should be understood that the recording was made “with the intention of protecting it”; therefore, there would be no offence if the recording took place in public venues or at private parties if several persons were present.

This new offence that is typified would also protect those who accept the recording of private videos but do not consent to the dissemination thereof in the social media, something which increasingly occurs among young people and teenagers. What is not accurately defined is whether this new offence is also deemed to have been committed not only by the person who first disseminates the images but also by those who, having received them, in turn transfer them to others. It seems like the government wishes to protect the victim’s privacy in all cases.

The bill must now be discussed in Parliament so that, as the case may be, it may become an Act of Parliament. This does not seem difficult because the government party enjoys an absolute majority in both Congress and the Senate. In any event, the typification of the offence must be better defined for the avoidance of interpretation issues.

This bill is intended to further protect the right of privacy of individuals, this time even through criminal action.

Written By

Jose-Luis Pinar

Comments

If you want to comment on this post, you need to login.

Related

Board of Directors

See the esteemed group of leaders shaping the future of the IAPP.

Contact Us

Need someone to talk to? We’re here for you.

IAPP Staff

Looking for someone specific? Visit the staff directory.

Learn more about the IAPP»

Daily Dashboard

The day’s top stories from around the world

Privacy Perspectives

Where the real conversations in privacy happen

The Privacy Advisor

Original reporting and feature articles on the latest privacy developments

Privacy Tracker

Alerts and legal analysis of legislative trends

Privacy Tech

Exploring the technology of privacy

Canada Dashboard Digest

A roundup of the top Canadian privacy news

Europe Data Protection Digest

A roundup of the top European data protection news

Asia-Pacific Dashboard Digest

A roundup of the top privacy news from the Asia-Pacific region

Latin America Dashboard Digest

A roundup of the top privacy news from Latin America

IAPP Westin Research Center

Original works. Groundbreaking research. Emerging scholars.

Get more News »

Find a KnowledgeNet Chapter Near You

Network and talk privacy at IAPP KnowledgeNet meetings, taking place worldwide.

Women Leading Privacy

Events, volunteer opportunities and more designed to help you give and get career support and expand your network.

IAPP Job Board

Looking for a new challenge, or need to hire your next privacy pro? The IAPP Job Board is the answer.

Join the Privacy List

Have ideas? Need advice? Subscribe to the Privacy List. It’s crowdsourcing, with an exceptional crowd.

Find more ways to Connect »

Find a Privacy Training Class

Two-day privacy training classes are held around the world. See the complete schedule now.

NEW! Raise Staff Awareness

Equip all your data-handling staff to reduce privacy risk, with Privacy Core™ e-learning essentials.

Online Privacy Training

Build your knowledge. The privacy know-how you need is just a click away.

The Training Post—Can’t-Miss Training Updates

Subscribe now to get the latest alerts on training opportunities around the world.

Upcoming Web Conferences

See our list of upcoming web conferences. Just log on, listen in and learn!

Train Your Team

Get your team up to speed on privacy by bringing IAPP training to your organization.

Learn more »

CIPP Certification

The global standard for the go-to person for privacy laws, regulations and frameworks

CIPM Certification

The first and only privacy certification for professionals who manage day-to-day operations

CIPT Certification

The industry benchmark for IT professionals worldwide to validate their knowledge of privacy requirements

NEW! FIP Designation

Recognizing the advanced knowledge and issue-spotting skills a privacy pro must attain in today’s complex world of data privacy.

Certify Your Staff

Find out how you can bring the world’s only globally recognized privacy certification to a group in your organization.

Learn more about IAPP certification »

Get Schooled in Privacy

Looking to get some higher-ed in privacy? Check out these schools that include data privacy courses in their curricula.

Privacy Vendor List

Find a privacy vendor to meet your needs with our filterable list of global service providers.

NEW! Raise Staff Awareness

Equip all your data-handling staff to reduce privacy risk, with Privacy Core™ e-learning essentials.

The Industry of Privacy

Take stock, compare your practices to those of other organizations, and get budget with these studies on the industry of privacy.

More Resources »

P.S.R.—One Powerhouse Program

The program is too good to miss. The speakers are world-renowned. P.S.R. brings you the best of the best in privacy and security. Don't wait: Register now!

Speak at the Intensive!

The call for proposals for our London event, the Data Protection Intensive, is now open! Submit your session idea today.

Time to Get to Work at the Congress

Thought leadership, a thriving community and unrivaled education...the Congress prepares you for the challenges ahead. Register today.

GDPR Comprehensive London: Last Chance!

The IAPP GDPR Comprehensive heads to London this fall. This is your last chance at this popular program this year!

Sponsor an Event

Increase visibility for your organization—check out sponsorship opportunities today.

More Conferences »

Become a Member

Start taking advantage of the many IAPP member benefits today

Corporate Members

See our list of high-profile corporate members—and find out why you should become one, too

Renew Your Membership

Don’t miss out for a minute—continue accessing your benefits

Join the IAPP»