Posting a photo of a thief on social media can get expensive

JUDr. Ondřej Preuss, Ph.D.
24. 6. 2016
3 minutes of reading
3 minutes of reading
Tradesmen and companies

The Supreme Administrative Court has ruled that posting a photo of the thief on a social networking site is illegal. According to the court, this cannot be done by the injured businessman, but only by the state body guaranteeing security, i.e. the Police of the Czech Republic. The court thus indirectly prioritised the personal rights of the thief over the property rights of the businessman.

In November 2011, a thief stole an expensive electric bicycle from a Prague shop. However, the shop owner had the entire theft filmed on an industrial camera. He posted a photo of the thief on his Facebook page and asked the public to share it and help in the search. His efforts were successful and thanks to the posting, the thief was indeed caught and the bike was recovered.

The fine from the authority

However, the Data Protection Authority fined the entrepreneur CZK 5,000 in April 2012. The authority did not mind so much the fact that the picture of the thief was taken. It was the publication on Facebook that bothered him.

According to the authority, a simple equation applies, the footage is only for internal use and for the police, who paradoxically can already publish it. The publication is said to be contrary to the purpose of taking the footage.

Municipal court intervenes

However, the Municipal Court in Prague disagreed with this conclusion and quashed the fine. According to the court, the authority did not actually state on what grounds it considered the processing of data in the form of publishing a photograph on Facebook to be contrary to the purpose for which the data was collected.

The purpose is, of course, the protection of property, which was perfectly achieved by the publication when the bicycle was found in one of the bazaars in Prague 8 and the perpetrator was caught and convicted.

In this context, according to the court, the key issue is to assess the question of proportionality and balance the right to protection of the thief’s personal data against the right of the shop owner to protect his own property. The City Court takes a bit of a dig at the Data Protection Authority, which it says places the privacy of the offender above the right of the owner to protect his own property. The court itself sees it exactly the opposite way. Moreover, the fact that the thief was stealing, even though he knew he was being filmed and didn’t care, led the court to logically prioritize the business owner’s right.

Solutions Tailored for You

Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.

Supreme Administrative Court “strikes back”

The Office for Personal Data Protection has filed a cassation complaint against this decision. It insisted that in a democratic state governed by the rule of law, it is the role of the police, not the aggrieved trader, to catch the perpetrators of crimes. The latter is only supposed to hand over the records to the police and respect the presumption of innocence until the court decides.

Unfortunately, the Supreme Administrative Court also agreed with this reasoning. According to the Supreme Administrative Court, in the given situation there is no conflict between the right to protect the property of the businessman and the right to protect the personal data of the thief and there is nothing to compare. The law itself supposedly determines the boundaries between the right to protection of property on the one hand and the right to protection of personal data on the other.

The latest judgment therefore suggests that you can be fined if you post a thief’s personal data on Facebook, even if he is later convicted because of it. However, it is possible that the Constitutional Court will reverse the whole thing later on.

Are you solving a similar problem?

Dostupný advokát team of online lawyers will solve it for you.

Solutions Tailored for You

Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.

Preset Prices
When you order, you know what you will get and how much it will cost.
Online and in person
We handle everything online or in person at one of our 4 offices.
We Work Fast
We handle 8 out of 10 requests within 2 working days.
Experienced Team
We have specialists for every field of law.

Has this content helped you? Give it a rating

No rating yet. Be first to rate and help others.

Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

Reviews of the Dostupný advokát service

Recenze služby
Economist

Jan Sekanina, Prague

My grandparents wanted to give me an apartment, but I was extremely busy at the time and couldn’t afford to put any time into finding out what I needed to do. I also had no idea how to get the transfer of ownership handled at the Land Registry. Dostupný advokát arranged everything for me, and the apartment transfer was legally arranged with no issues. Thank you and thumbs up!

Recenze služby
reviews on Google

Monika Holcátová, Prague

Your reputation is well deserved. All our contracts were done quickly and accurately. In addition, Dostupný advokát explained the legal regulations for our property easement, which I found critical to our success because as a layman I had no idea what problems that could cause us. I have no suggestions for improving your service, because I am completely satisfied.

Recenze služby
representative for HVFree s.r.o.

Štěpán Mičunek, Vsetín district

I contacted Dostupný advokát because I needed help with a non-payer. Dostupný advokát gave me advice on how to proceed. The dispute became a court issue, where I was represented by Dostupný advokát. I won the court case and I can fully recommend their service.

View All Testimonials

You could also be interested in

We can also solve your legal problem

In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.

Google reviews
4.9
Facebook reviews
5.0
5 200+ people follow our Facebook
140+ people follow our X account (Twitter)
140+ people follow our LinkedIn
 
We can discuss your problem online and in person

You can find us in 4 regional towns

Quick contacts

+420 775 420 436
(Mo–Fri: 8–18)
We regularly comment on events and news for the media