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Key facts of the case:

 

During June 2015, the defendant posted several photos from applicant’s property with the applicant’s name. The photos were posted with descriptions saying that the claimant is a bad neighbour, etc. The applicant also filed a complaint with the Data State Inspectorate. The Inspectorate concluded that the defendant had violated the Personal Data Protection Law (Sections 7 &10) and according to the law’s Section 32 the applicant has the right to compensation because of moral damage inflicted.

Key legal question raised by the Court:

Can the third party publish information about other person’s place of residence and surname without a permission?

Outcome of the case:

The court stated that the applicant has the right to  moral compensation since the defendant’s actions are a significant violation of fundamental rights and such a violation may cause adverse emotions. In this case, by publishing the personal data on the internet so that everyone who views the pictures can identify the applicant and his/her place of residence. In addition, because of the negative comments made under the pictures the applicant can be negatively affected in his/her work and home town.