Spain: AEPD publishes guide for preventing the publication of minors' sexual or violent content on the internet
The Spanish data protection authority ('AEPD') published, on 6 September 2022, a guide for the implementation of the coordinator of the students' wellbeing and protection, whose role is to foster immediate communication by educational centres to the AEPD in situations that may involve the illicit processing of personal data of minors, and to prevent the publication of sensitive content of minors on the internet.
In particular, the guide outlines how educational centres must communicate, via the coordinator of the students' wellbeing and protection, the unauthorised publication on the internet of sexual or violent content of minors to the AEPD, and request its withdrawal urgently. Additionally, the guide explains what type of information must be provided in these situations, which includes:
- information on whether the publication has been reported to the Police, Civil Guard, or Prosecutor's Office;
- information on whether the social networks or service providers have been previously requested to withdraw the personal data affected from their platform and, in this case, a copy of the request and the response obtained;
- a detailed description of the circumstances in which the content was published, indicating, where appropriate, that the publication affects minors enrolled in the educational center; and
- a clear description of the content for which the review is requested and of the social network through which it has been published.