La Agencia Española de Protección de Datos («AEPD») ha sancionado con una multa de 10.000 € a un individuo que se hizo con una serie de fotografías de dos mujeres, compañeras de trabajo, en situaciones íntimas, y las transmitió y difundió por Whatsapp sin el consentimiento ni conocimiento de éstas.
Las víctimas se enteron por un tercero que realizó capturas de las conversaciones con el individuo en las que se podía ver las fotos íntimas de las víctimas. Algunas de las fotos iban acompañadas de comentarios vejatorios y denigrantes. Al parecer, las fotos las habría adquirido de un Pendrive desparecido.
Estos hechos son constitutivos de una infracción del art. 6.1.a) del Reglamento General de Protección de Datos («RGPD«), en conexión con el art. 6 de la Ley Orgánica de Protección de Datos Personales y Garantía de los Derechos Fundamentales («LOPDGDD«) que versa sobre la necesidad del consentimiento previo y obtenido de manera proactiva por parte del interesado.
La infracción de obtener el consentimiento de manera previa al tratamiento de datos está considerada por la LOPDGDD como «muy grave» sancionadas con hasta con multas administrativas de veinte millones de euros como máximo o, tratándose de una empresa, de una cuantía equivalente al 4 % como máximo del volumen de negocio total anual global del ejercicio financiero anterior, optándose por la de mayor cuantía (art. 83.5) RGPD).
Al final, la AEPD, aplicando los criterios de graduación de la sanción que contempla la normativa ha impuesto una sanción de 10.000 euros.
Imagen: LaCronicadelpajarito
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