Find out what to do if someone shares an intimate photo of you

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Unauthorized disclosure of information is a serious violation of the identity and dignity of information, causing devastating emotional and social harm. Unfortunately, with increased access to technology and social media, these cases have become more frequent. One of the main laws that govern this case is Law 13,772/2018, known as the “Rose Leonel Law”, in honor of the journalist who had her privacy exposed by her ex-fiance, and Law 13,709/2018 – General Data Protection Law Personal (LGPD), for cases in which the exposure is carried out by a company.

In addition to these, other legislation may also be applicable, so it is important that you know your rights, knowing how to act together with your Lawyer, and with your Data Privacy Professional to know which technical configurations are necessary on your equipment. and thus put an end to situations like these. In general, see what the ‘first aid’ is, so you can act immediately:

1. Document the evidence

Before taking any action, collect evidence of the disclosure:

• Cloth captures (prints): Include URLs (websites), dates and names of those who are publishing.
• Videos or records: Record the publications, conversations or pages where the images were published.
• Be sure to keep the integrity of evidencewithout changing them.
• See which number or name is responsible for managing the group or platform where the content was published.

If the photos were published on social networks or digital platforms, save the complete information, such as the profile of the person responsible for posting.

2. Notify digital platforms

If the disclosure occurred online, contact the platform to request removal:

• Social networks (Instagram, Facebook, TikTok, etc.) have policies against this type of content.
• Use reporting channels to privacy violation or unauthorized disclosure of intimate content.
• According to the Civil Rights Framework for the Internet (Law No. 12,965/2014), platforms are obliged to remove content considered illegal after notification.

3. Register a Police Report with the Digital Crimes Delegation

Look for a police station specializing in cyber crimes (or the one closest to you) and file a police report. Report:

• Who is publishing the images?
• Where and how the images were released.
• The evidence you collected.

In some states, it is possible to register online or at regular police stations. Ask for it to be applied to Lei nº 13,772/2018which deals with the violation of privacy.

4. Seek legal help

Contact an attorney or public defender to:

• Criminal representation: Prosecute the person responsible for the disclosure, based on Law No. 13,772/2018, which provides for a sentence of 1 to 5 years in prison for anyone who discloses intimate images without consent.
• Indemnity: A LGPD allows you to seek financial compensation for moral and material damages caused by privacy violations by companies.

Summary of applicable laws:

• She Rose Leonel – She nº 13.772/2018: Criminally penalizes the dissemination of intimate images without consent.
• LGPD (General Personal Data Protection Law): Allows you to hold companies responsible for failing to adequately protect your personal data.
• Civil Rights Framework for the Internet: Requires digital platforms to remove illegal content upon notification.
• Civil Code: Guarantees compensation for moral and material damages.

Under these and other applicable laws, if companies or platforms contributed to the breach (e.g., negligence in protecting your data), they may also be held liable. All legal support is crucial in these cases.

5. Request the right to be forgotten

If the content has been widely disseminated on the internet, ask the company in question directly, or in court, for the right to be forgottenso that search engines (like Google) and platforms are forced to remove the content from results.

To this end, several social networks or companies already have specific pages for you to request the Removal of Personal Content. If you do not find this resource on the website, you can search for the Privacy Policy and find who the Data Protection Officer (DPO)also known as Data Protection Officer responsible. Since 2020, the LGPD requires in Art. 41 that the disclosure of this professional is mandatory for most companies. This disclosure must contain: Name of the person responsible and contact method (e-mail, telephone, link, etc.).

6. Notify the National Data Protection Authority (ANPD)

If the disclosure involved a company that processed your data (e.g. cloud, applications, online software, among others), notify the ANPD:

• Report the case indicating that there was improper treatment of sensitive personal data (your image) when the company in question does not comply with your rights (in particular, the Right to be Forgotten) without plausible justification.
  • Petition Link: .
• The ANPD may impose administrative sanctions on the responsible company, of up to R$50 million, in accordance with Art. 52 of the LGPD.

7. Seek psychological support

The exposure of intimate images can cause emotional suffering. Seek help from a psychologist, psychoanalyst or support groups to deal with the psychological impacts of the situation. It is important to know that you are not the first or the last person to suffer this type of threat. It’s more common than you might think, and those who truly support you will be by your side no matter what. Use this moment as a natural social filter.

8. Maintain confidentiality when handling the case

Avoid publicly discussing the case or directly confronting the person responsible for the disclosure, as this may complicate legal actions and compromise investigations.

IMPORTANT TIPS:

• Avoid responding to direct contact with attackers as much as possible, as many may be part of specialized gangs.

• Many of the threats end up being “Russian roulette”, that is, the criminal ends up issuing the threat to a group of people, and the same applies only to those who respond.

• Remember that many photos can already be created by Artificial Intelligence (AI) with Deep Fakes, which even if they look real, may have been generated by software from simple photos of your face, which capture the entirety of your skin and face shape to estimate some intimate photo of your body.

• Communicate to your family members and people you consider important about the occurrence of these threats, so that they are aware of the great possibility of them being generated by Artificial Intelligence (AI).

• Change all your passwords immediately when you are first threatened to reduce the likelihood of further data breaches.

• Count on the support of your Data Privacy Professional. Check who is available in your region at – National Association of Data Privacy Professionals.

Do you want to delve deeper into the subject, do you have any questions, comments or want to share your experience on this topic? Write to me on Instagram: .

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