Angel Valdes | June 13, 2023
The National Authority for Transparency and Access to Information informed through a statement that it proceeded to fine a Plastic Surgery Clinic with eight thousand balboas (B/. 8,000.00) for violating the law on data protection and the decree that regulates it .
During the investigation carried out by the Directorate for the Protection of Personal Data in the administrative process initiated by virtue of the complaint, it became clear that the photographs taken of a patient were for the purpose of a comparative evaluation of before and after the surgical process and were never reported that these images would be published for advertising purposes on the Clinic’s social networks.
Consequently, the treatment of sensitive personal data (full-body photographs without clothes) was carried out by the Clinic without the consent of its owner, since it was not proven in the process that the patient agreed to have her biometric data used for a purpose other than that for which it was obtained.
Antai reiterates that the use without consent of biometric personal data obtained through photographs constitutes, under the personal data protection legislation, a serious offense, since it involves the processing of sensitive data.