Carrefour has been ordered to pay 12,000 euro in compensation to a family after private photographs were displayed on the screen saver returned to the store after the clients decided they didn´t want it.
Taking advantage of the right to return goods, the client took the computer back and obtained a refund. The computer was then put on display to be sold as a reduced rate, but was seen to display the photographs of a child in the family home, taken by the family and left on the computer.
The company had said that they would format the hard drive before reselling the computer, which they did not do.
The district court ordered Carrefour to pay the 12,000 euro in compensation to the complainant for violation of their right to privacy, considering that without the permission of those affected, they had exposed the image of a child and at home .
However, the Court of Cádiz issued a correction and reduced the compensation to 300 euro, because the court believed that “by not erasing the pictures before returning the computer, trusting that were to be erased by the respondent company”, they had also contributed to the error.
Now, the Supreme Court has annulled that judgment, and determined that the applicant must collect the initially fixed compensation of 12,000 euro, because “the company failed to give any indication that the actions of appellant had contributed to cause the result”.
Filed under: http://www.theleader.info/article/45776/
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