Google Convicted of Using Unauthorized Photo of Woman in Street View

Google Convicted of Using Unauthorized Photo of Woman in Street View
Google Convicted of Using Unauthorized Photo of Woman in Street View

The record was made available on the “Google Maps – Street View” platform. For the collegiate, there was a violation of the image rights

The sentence that condemned Google Brasil to indemnify a woman in R$ 3 thousand for the misuse of image, was maintained by the 3rd Panel of Appeal of the Special Courts of the Federal District. The image captured the moment she was sunbathing indoors. The record was made available on the “Google Maps – Street View” platform. For the collegiate, there was a violation of image rights.

The woman claims, in the lawsuit, that in October 2021, she learned that the Google Maps platform exposed images of her sunbathing in her garage on Street View. The photo was shared among friends and neighbors, which would have caused embarrassment.

The decision of the 2nd Special Civil Court of Ceilândia sentenced the defendant to indemnify the plaintiff for moral damages. Google Brasil appealed on the grounds that there was no violation of the author’s image rights and no illicit conduct capable of giving rise to conviction. He also informs that he did not use the image in a commercial way or in a way that the author would be ridiculed. It also says that the image appears without face identification.

In the analysis of the appeal, Tuma highlighted that “the important social function performed by the Street View tool must be exercised without violating the right to image of third parties”. The collegiate recalled that it would be up to the defendant, as the developer of the platform, to use systems with mechanisms capable of identifying and blurring who appears in the images made available on Street View to avoid violating the right to the image.

“Although the defendant maintains the regularity of the availability, it appears that, in the specific case, the plaintiff’s image, in addition to being linked to her address, was registered when she was inside her residence, which, unlike the appeal thesis, made its identification possible”, he recorded.

The Class also recalled that “the mere unauthorized publication of an image constitutes a violation of the right to the image, attracting liability for moral damages”. “In addition, it is necessary to consider that the image was recorded when the author was sunbathing inside her residence, which certainly caused her embarrassment, anguish, humiliation, annoyance, wear and extreme psychological suffering that go beyond the scope of mere inconveniences of everyday life, in order to subsidize the defendant’s conviction to pay compensation for moral damages”, he pointed out.

In this way, the Class maintained the sentence that condemned Google Brasil to pay the plaintiff the amount as moral damages.


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The decision was unanimous.

The article is in Portuguese

Brazil

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