Case Law | Right to privacy – Precautionary measure – Proceedings – View from a gender perspective.
Data Privacy & Data Protection Department | Case Law | Right to privacy – Precautionary measure – Proceedings – View from a gender perspective
“P., L. B. v. P., G. A.”, National Court of First Instance in Civil Matters No. 38, 26 October 2020.
On 26 October 2020, the National Civil Court of First Instance No. 38 granted an injunction to prohibit the defendant from disseminating, revealing, showing, or exhibiting, in any media, videos of an intimate or sexual nature in which the plaintiff appear, in the understanding that these videos precisely identify forms of express gender-based violence protected by Law No. 26,485.
On the facts, the plaintiff claimed that after having an intimate encounter with the defendant, she discovered that he had videoed her without her consent and that he kept videos of that moment. Therefore, in order to prevent the defendant from disseminating this material, she initiated the precautionary measure.
In this regard, the Court considered that the precautionary petition should be admitted considering it from a gender perspective, adding that the elements identified and brought to the case constitute symbolic and media violence, as provided for in Section 5, subsection 5, and Section 6, subsection f) of Law No. 26,485 on the Integral Protection of Women.
Click here to access the full text of the ruling.