In a landmark ruling, an Argentine appeals court has ordered Google to compensate a man whose naked image, captured in his private yard via Google Street View, went viral—underscoring the growing tension between digital innovation and fundamental human rights
An Argentine civil court has ordered Google Argentina SRL and Google Inc. to pay 3 million pesos (approximately USD 2,400) to a user whose privacy and dignity were violated when an image of him naked in his backyard was publicly disseminated through Google Maps’ “Street View” service.
The incident began when Google’s satellite imagery captured the man unclothed in his private patio. The image was later broadcast on television programs, sparking ridicule in his social and professional circles. The man, a member of the security forces, sued both Google and the media outlets that reproduced the image, seeking damages for the unauthorized violation of his privacy.
The initial trial court judge dismissed the lawsuit, blaming the plaintiff for his “immoral behavior.” However, the Court of Appeals reversed the decision, ruling in favor of the man and establishing a legal precedent in Argentina. The appellate court emphasized the role of the judiciary in upholding fundamental rights—even when those rights are challenged by powerful multinational tech corporations.
The ruling acknowledged a constitutional tension between the public’s right to information and an individual’s right to privacy and control over their own image. While the court recognized that Google’s mapping tool serves a social function, it found that this did not absolve the company of responsibility for the harm caused. The court determined that Google engages in an inherently risky activity—mass image capture in urban environments—and that even if legal, such activity led to an unjustified intrusion into the plaintiff’s private life.
The court also noted that the privacy violation was severe and warranted legal redress. Despite Google’s international scope, the judgment was rooted firmly in Argentine legal sovereignty: the conduct occurred within the country, the harm took place locally, and the ruling mandated the company to remove the offending image within ten days.
This decision sets a significant precedent regarding platform liability for their actions and highlights how national courts can effectively intervene to protect users from harm caused by global tech platforms. It reinforces the principle that digital innovation must not come at the expense of fundamental civil rights.
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P., O. R. c/ Google Argentina SRL y otros s/ Daños y perjuicios
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