Civil liability of parents, grandparents, or guardians for their children's behaviour in relation to data protection

A significant topic in the legal community is parents' civil liability for their underage children's data protection-related behaviour. In some situations, parents or legal guardians may be held civilly accountable for the crimes or injuries committed by their underage children under Spanish law.

The Spanish Data Protection Agency's (AEPD) recommendation

Due to the rise in juvenile offences in recent months brought on by the introduction of artificial intelligence into our lives, we have witnessed juveniles engaging in morally repugnant behaviour that not only negatively affects their own lives but also the lives of their parents.

Because of this, the AEPD is compelled to warn persons who disseminate sensitive material or information without the rightful owner's authorization of the potential consequences.

Though there are many instances, such as trademark registration services, when a youngster is fined 5,000 euros for breaking data protection laws and must pay the money to another person (and therefore, his parents jointly).

The AEPD notes that even if there was no data transfer to a third party in this instance, it never establishes that the person in charge of processing personal data must have sent the data to a third party in order for the RGPD to apply. 

Therefore, in order for the GDPR to be completely applicable, the processing of personal data done by the person in charge of it must be, aside from communication via transmission, dissemination, or any other form of permitting access, collation or interconnection, any other action or sequence of actions performed on them, including gathering, registering, organising, structuring, conserving, modifying, extracting, consulting, using, or restricting, suppressing, or destroying

Thus, in this instance, the claimed party (who is in charge of the treatment)'s simple gathering, registration, and preservation of the girl's images—who is still a minor—is sufficient justification for the application of the RGPD.

As previously mentioned, this is not an isolated incident, as the Real Madrid youth players were recently embroiled in a case with comparable details. In that case, it was allegedly claimed that one of the four involved—who are between the ages of 19 and 20—spread a video of a 16-year-old teenager engaging in sexual activity with another teenager via WhatsApp to other friends or coworkers.

In this context, the AEPD notes in a recent article that "even if the writers are juveniles, the AEPD is "zero tolerance."We are putting in an application. fines ranging from 5,000 to 10,000 euros. He made a point of emphasising, "We think that both adults and kids should refrain from engaging in these activities, and if they do so out of conviction, then maybe they do so because of fear of the consequences.

Recent instances of data privacy violations and the usage of artificial intelligence in the distribution of material

Although it is a certainty that artificial intelligence is here to stay, this does not absolve other requirements pertaining to its application from compliance.

"Manipulated or synthetic audio, image, or video content that would appear falsely authentic or truthful, and that presents representations of people who appear to say or do things that they The IA Regulation defines deepfake  in art as did not say or do, produced using techniques of AI, including machine learning and deep learning. 3.1. 44e.

According to the aforementioned, the topic of the Almendralejo minors' phoney nudes has gained a lot of attention lately. In this situation, a group of youngsters utilised artificial intelligence to transform students' photos into naked pictures and distribute them around. groups on WhatsApp.

The acting minister of justice, Pilar Llop, has issued a warning that using artificial intelligence to replicate kids' sexually explicit behaviours is illegal, despite the AEPD having launched an inquiry.

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