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What price privacy on Whatsapp?

27 May 2015

In a recent decision of Audencia de Zaragoza in Spain [Rollo de Apelacion (RP) no 73/2015], Mr Everardo, a Spanish resident of Argentinian descent, was allowed to get off cheaply after exposing on Whatsapp videos that he had taken of his lover, Maria Teresa, whilst she was sleeping nude on his bed.

Maria Teresa, the consenting lover of Mr Everardo, whilst in an inebriated state was lying naked on a bed in the Hotel Orient in Spain and Mr Everardo took explicit videos of her which he sent on Whatsapp to his friend Victor. The photographs were further circulated causing unwelcome exposure and invasion of privacy for Maria Teresa.

Surprisingly, when the matter went to court the penalty was not as stiff as might have been anticipated and Mr Everardo was only required to compensate Maria Teresa €500.00 for his actions as well as undertaking to delete the videos that he had taken.

Under Spanish law not only was the taking of videos of Maria Teresa in the nude a breach of privacy but further that the circulation of the photographs was in itself a criminal offence and one which could have carried a penal sentence.

€500.00 seems a disproportionately small amount of compensation given the loss of dignity to Maria Teresa.

For further information please contact Robert Bond on robert.bond@crsblaw.com.