Argentine policeman wins S$16,500 compensation over his naked picture on Google Street View
A police officer in Argentina has won a lawsuit against Google after a naked photo of him appeared on Google Street View without his knowledge, reports Argentina’s news outlet Buenos Aires Times.
The officer, whose name has not been disclosed, was standing unclothed in the backyard of his home in Bragado, a city in Buenos Aires Province, when a Google vehicle equipped with a camera snapped a photo of him back in 2015.
The image, which showed his bare buttocks and back, later went viral after a local TV station included it in a segment on unusual Google Street View images in the city of 45,000 residents.
Cop sues Google after discovering viral photo on TV
The officer only found out about the image when he saw it on a news programme.
Feeling humiliated, he filed a lawsuit against Google Argentina in 2017, claiming he was ridiculed by neighbours and rarely left home except for work.
Source: Daily Mail
The lawsuit sought monetary compensation. However, it was initially dismissed last year by a panel of three judges.
Judge said it was his own fault
Eduardo Caruso, the lead judge, ruled that the officer had failed to prove Google caused him any harm.
“What we have so far is a photograph of an unidentifiable person, as they are naked from behind, and because they are in a location that is also unidentifiable since it is a part of the front of their house that cannot be seen by passersby due to the front gate,” Judge Caruso said.
He went on to argue that the officer “shot himself in the foot” by placing himself in a publicly visible area.
The judge noted it wouldn’t have happened if he hadn’t been in the open yard, visible to neighbours and children.
“In other words, the true ‘victims’ of this indecent act, detrimental to the social and moral sphere, were his own neighbours.”
Court reverses ruling and declares Google responsible
The officer then appealed the decision before the Civil Chamber. Last week, three judges ruled the image violated his privacy and held Google responsible for publishing it.
The court ordered Google Argentina and Google LLC to pay the officer 3 million Argentine pesos (approximately S$3,00), plus interest dating back to 27 Sept 2017 — bringing the total payout to 16 million pesos (around US$16,500), according to Daily Mail.
The judges said Google Street View has public value but isn’t exempt from liability if its content causes harm.
Source: Suzy Brooks on Unsplash
“On the app, the house number is clearly visible, and by moving the cursor, one can zoom in or out — even see into the front yard behind the fence. Although his face wasn’t shown, his entire naked body was visible. That should have been avoided,” they stated.
“In the app, when the front of the house is displayed, the street numbers are easily readable,” the judges said.
They said moving the cursor let users zoom into the house, revealing the person’s full naked body, which was preventable.
Google fined daily until photo removed
The court ordered Google Argentina to remove the image from Street View. If it fails to do so, it will be fined 100,000 pesos (S$100) for each day of non-compliance.
Meanwhile, Cablevisión SA and El Censor SRL, which broadcast the image on television, were cleared of any wrongdoing.
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Featured image adapted from Daily Mail and PC Mag.
