The Spanish authority closes a procedure for unlawful dissemination of a sexual assault video, considering that the response provided by the juvenile criminal justice system was sufficient.

Facts and context

The Spanish data protection authority today published a decision to close the procedure against a minor for potential breaches related to the dissemination of a sexual assault video on a social network platform.

The case originated from a news article reporting the live broadcast of a sexual assault on a minor, supplemented by a complaint from the victim's mother.

Reasons for the decision

• Lack of legal basis for processing (Article 6 of the GDPR): The authority had initiated a procedure because the minor involved had received a video recording of the sexual assault and shared it in an instant messaging group, without any legal basis for this processing. However, the authority found that the facts had already been the subject of a thorough criminal investigation by the police, the public prosecutor's office, and the juvenile court. Although the minor's involvement was established, the criminal justice system issued a final decision that did not include a conviction, the public prosecutor having requested a provisional dismissal against him. The authority therefore considered that the facts had received an adequate response within the appropriate sphere of responsibility, justifying the closure of the administrative procedure.

Authority's decision

Consequently, the authority pronounced the closure of the procedure against the minor involved.

Lessons learned

This decision reminds that:

• A supervisory authority may decide to close a sanction procedure, even if the facts are established, when it considers that the response provided by the criminal justice system is sufficient and appropriate.
• The outcome of a parallel criminal procedure, including a dismissal decision or the absence of a conviction, is a determining factor in the authority's assessment of whether to pursue an administrative procedure for the same facts.