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Publication of Children’s Photographs under the GDPR – Whose Rights Come First?

Under the GDPR, a child’s photograph is personal data, and its publication demands a valid legal basis. Even when parents consent, online exposure — especially on public or unlocked profiles — can put children at real risk.

With the rise of AI tools, the potential for misuse is only increasing. Recent European cases underscore the sensitivity of this issue:

Italy: A kindergarten was fined €10,000 for posting photos of infants and children online, despite having parental consent. The DPA emphasized that sensitive moments involving children must remain confidential to protect dignity and prevent unlawful reuse.

Spain: A school was fined €10,000 for using a child’s photo — a minor with a disability — on posters depicting aggression, without specific parental approval. The DPA held that the child’s fundamental rights outweigh any claimed legitimate interest.

These decisions remind us that:

  • Data protection is not a box-ticking exercise.
  • Children rely entirely on adults and institutions to safeguard their dignity, privacy, and safety.

Before sharing children’s photographs — whether as parents or as institutions — we must ask: Could this expose the child to harm? Could it affect their future privacy or dignity?

Protecting children online begins with responsible choices today. Read more in the article by Ljupka Naumoska Gjorgjievska from Skopje office.

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JPM Law Office
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