Spanish Data Protection Agency Fines Alvise €5,000 for Sharing Photos of Óscar Puente's Daughter

The Spanish Data Protection Agency (AEDP) has fined Luis 'Alvise' Pérez, a Member of the European Parliament from 'Se Acabó la Fiesta' (SALF), €5,000 for publishing and distributing photos of the daughter of the Minister of Transport, Óscar Puente, on his Telegram channel when she was a minor.

The complaint was filed by the minister himself on behalf of his daughter, who was 17 at the time. In the resolution accessed by Europa Press, the AEDP concludes that the MEP violated Article 5.1.c of the General Data Protection Regulation by failing to ensure that the personal data of the minor were "adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed," known as the principle of "data minimisation."

"For all the above reasons, in this case, the processing carried out by the respondent is deemed excessive," the resolution states.

Furthermore, the agency states that it would not have been legal to publish the images even with the minor's consent: "when it comes to the dissemination of minors' images in the media, the consent of the mature minor or their representatives is insufficient to legitimise the intrusion if there is a risk of harm to the minor's interest."

The document also notes that in the commentary accompanying the images, she is identified as a 'friend' of her father, and that various screenshots of the publication in question, as well as messages from users who viewed it, were submitted with the complaint.

Additionally, it mandates that the content published on the Telegram channel must be removed.