The, the Ombudsman in the Valencian Community, has concluded that the Generalitat violated the right to privacy, to the image itself and the data protection of a group of minors. The minors left in a video broadcast in December through social networks together with the Vice President and Minister of Social Services, of the PP, in a visit to the Bioparc of Valencia. He, who filed the complaint, ensures that the Consell “used the minors” and tried to improve his image with this action.
The video was deleted from social networks “immediately, to avoid controversy after the PSPV complaint media,” according to the department that Camarero directs. The vice president herself, appointed by the Consell spokesman in November, uploaded the images to her Instagram profile accompanied by a text in which it was identified that young people came from the Centers of Torrent and Buñol.
After the PSPV-PSOE complaint, the Ombudsman requested information from the First Vice Presidency and the Ministry of Social Services, departments directed by waiter. The Ministry claimed that “in the video the name of the minors or that of the residences is not cited. In the images they do not become first planes in order to safeguard the identity of the participants. Likewise, the images do not imply a impairment of their honor or reputation or are contrary to their interests. ”
The Greuges, of the PSPV, considers in the resolution issued this Friday that “the right to the image of minors has been violated for not appreciating concurrence or of public interest or accessority in published photography.” Luna estimates that “the right to the protection of personal data has been violated because they have been used without the consent of the holder or who exercises the guardianship and the right to privacy of minors because the personal details contained in the video reveal data of these.”
The Ombudsman establishes that “the best interest of minors guarded will always prevail, in the face of any other legitimate interest that may attend.” The Singic ups to the Generalitat that “measures are taken to prevent interference in the rights to honor, personal and family privacy and the image of the minors.” And asks to adopt “the appropriate measures to protect the personal data of affected minors.”
The Síndic requires the creation of a protocol for the fulfillment of instruction 3/2023 of the General Directorate of Children and Adolescents, regarding the publication or dissemination of images, audios and recordings of minors protected by the Generalitat.
The PSPV spokesman in Les Corts, José Muñoz, said in the complaint presented that “occasionally in the video the faces of some children are seen, an unnecessary risk is incurred that they can be recognized. They are children with a protection measure that, in some cases, has behaved the separation of their families, which for this reason cannot know where they are. ” Muñoz has described on Tuesday the dissemination of the video as “an attempt to give a normal image and improve its image.” The training also informed the childhood and adolescence Observatory.
The Ministry of Social Services that Camarero alleged before the Greuges Union that the visit to Bioparc was framed in “leisure and free time activities that are carried out during the Christmas holidays in the protection residences of the province of Valencia and, in a special way, those located in the areas affected by the DANA”.
