As the online presence of companies increases, it is important to be careful with the dissemination of images of workers online. If we do not do so, we could face fines such as the one set out below.
YouTube is the video platform best known internationally. Many companies turn to it when they need to publish audiovisual material that, in the end, they want to share on their social networks or any other channel. However, its popularity is one of the main reasons why we must be especially careful with the material we upload to it.
Recently, the Spanish Data Protection Agency has fined an Alicante company, Digiman Alicante, for having published a video on YouTube in which the image of a worker who is no longer part of the workforce is shown. The result, a 2000 euro fine for not having removed the video in question in time.
Be careful what you upload to YouTube
According to the information published in the specialized media Confilegal, the former employee states that during the time he stayed at the company he gave his “verbal authorization, allowing publication on web pages, catalogues, social networks, web platforms, etc. of images where it appeared so that the company could promote its services and facilities.”
However, this same consent was understood to ended at the same time that the employment relationship ended, as the worker made it known to the company up to three times. Requesting the removal of the images in which it appeared during the years 2019, 2021 and 2022.
In August 2022, the former worker once again realized that his image kept appearing in a video which was hosted on the YouTube channel. And that was when the whole dispute began again, given the opposing points of view between all the parties involved regarding their possible identification.
Identification of the plaintiff in the video
The denounced company stated that it was practically impossible to recognize the image of the former worker, since it was hidden behind vinyl. Specifically, he said that “The image of the object of this file would be anonymized and does not involve the processing of personal data” adding, furthermore, that it is “difficult to believe that anyone can identify the claimant in said image, since the decorative vinyl that covers part of his face and body acts as a pixelated image.”
However, the AEPD did not agree with this statement. “The vinyl that decorates the window does not completely cover the face. (…) You can see a large part of the forehead and hair, the entire right ear” and different parts of your body more, as well as the clothes you are dressed in and the way you are sitting.
Finally, it has been resolved that the AEDP has financially sanctioned 2000 euros to the company sued for a violation of article 6 of the Data Protection Law, which contemplates the right “to withdraw your consent at any time”.
