Organic Law 1/1982
Organic Law 1/1982, of May 5, on civil protection of the right to honor, personal and family privacy and one's own image.
This law has been modified over time by the following laws and sentences:
Organic Law 3/1985, of May 29.
Judgment of TC 9/1990, of January 18.
Organic Law 10/1995, of November 23.
Organic Law 5/2010, of June 22.
The articles and / or parts of this law relevant from the point of view of image and audio capture are reproduced below.
The fundamental right to honor, personal and family privacy and self-image, guaranteed in article 18 of the Constitution, will be civilly protected against all kinds of illegitimate interference, in accordance with the provisions of this Organic Law.
The right to honor, to personal and family privacy and to one's own image is inalienable, inalienable and essential. The waiver of the protection provided in this law will be null, without prejudice to the cases of authorization or consent referred to in the second article of this law.
The civil protection of honor, privacy and self-image will be delimited by laws and by social practices, taking into account the scope that, by their own acts, each person keeps reserved for himself or his family.
The existence of illegitimate interference in the protected area will not be appreciated when it is expressly authorized by Law or when the owner of the right has given his express consent [...]
The consent referred to in the preceding paragraph will be revocable at any time, but damages caused, including justified expectations, will have to be compensated, where appropriate.
The consent of the minors and the incapacitated must be presented by themselves if their conditions of maturity allow it, in accordance with civil legislation.
In the remaining cases, consent must be granted in writing by their legal representative, who will be obliged to inform the Public Prosecutor of the projected consent in advance. If the Prosecutor's Office objects within 8 days, the Judge will decide.
They will be considered illegitimate interference in the field of protection delimiting by the second article of this law:
The placement in any place of listening devices, filming devices, optical devices or any other medium suitable for recording or reproducing the intimate life of people.
The use of listening devices, optical devices, or any other means for the knowledge of the intimate life of the people or of manifestations or private letters not destined to those who make use of such means, as well as recording, recording or reproduction.
The disclosure of facts related to the private life of a person or family that affect their reputation and good name, as well as the disclosure or publication of the content of letters, memoirs or other personal writings of an intimate nature.
The disclosure of private data of a person or family known through the professional or official activity of the person who discloses.
The capture, reproduction or publication by photography, film, or any other procedure, of the image of a person in places or moments of his private life or outside of them, except in the cases provided for in article eight, two.
The use of a person's name, voice or image for advertising, commercial or similar purposes.
The imputation of facts or the manifestation of value judgments through actions or expressions that in any way injure the dignity of another person, undermining their fame or undermining one's own esteem.
The use of the crime by the convicted person in a final criminal sentence to achieve public notoriety or obtain financial gain, or the disclosure of false data about the criminal acts, when this would undermine the dignity of the victims.
In general, the actions authorized or agreed by the competent authority in accordance with the law, or when a relevant historical, scientific or cultural interest predominates, will not be considered illegitimate interference.
In particular, the right to one's own image shall not prevent:
- Its capture, reproduction or publication by any means in the case of people who exercise a public office or a profession of notoriety or public projection and the image of captured during a public act or in places open to the public.
- The use of the caricature of said people, in accordance with social use.
- Graphic information about an event or public event when the image of a certain person appears merely accessory.
The first two exceptions contemplated in this second point of the eighth article will not be applicable with respect to the authorities or persons who perform functions that by their nature require the anonymity of the person exercising them.
The judicial protection against illegitimate interference in the rights referred to in this Law may be obtained through ordinary procedural channels or through the procedure provided for in article 53.2 of the Constitution. When appropriate, the appeal for protection before the Constitutional Court may also be used.
The judicial protection will include the adoption of all the necessary measures to put an end to the illegitimate interference in question and, in particular, those necessary to:
- The restoration of the injured party in the full enjoyment of their rights, with the declaration of the interference suffered, the immediate cessation of the same and the reinstatement of the previous state. In case of interference in the right of honor, the restoration of the violated right will include, without prejudice to the right of reply by the legally established procedure, the total or partial publication of the conviction at the cost of the convicted person with at least the same public dissemination as had the interference suffered.
- Prevent imminent or subsequent interference.
- Compensation for damages and losses caused.
- The approval by the injured party of the profit obtained with the illegitimate interference in their rights.
The existence of damage will be presumed provided that the illegitimate interference is proven. The compensation will extend to non-pecuniary damage, which will be valued taking into account the circumstances of the case and the seriousness of the injury actually produced, for which the dissemination or audience of the medium through which it has been taken will be taken into account, where appropriate. produced.
Protection actions against illegitimate intrusions will expire after four years have elapsed since the legitimized person was able to exercise them.