Thursday, 22nd February 2018
LEGAL Article
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This Month's Magazine
Damages to Honour, Rights of Privacy and Self Image (defamation) - By Angel Monedero

Damages to Honour, Rights of Privacy and Self Image (defamation) - By Angel Monedero

The Spanish Constitution clearly comprises the rights to one’s “Honour, Personal, Family and Self Image”. The infringement of these rights will result in compensation for damages incurred.

People most frequently call me to enquire about the following:

• Do insults violate my right in respect of Honour?
• If an individual reveals information about my private life or that of my family, am I entitled to claim for infringement of your rights to Privacy? Always and in every case? Even in the event that the information may be true?
• Can the Community of Property Owners place surveillance cameras in the streets of an urbanisation? Does the  installation of cameras infringe privacy rights? Even if they have been approved by the Community of Owners?
• How far can freedom of information and communication be taken?
• What are my Rights of Rectification when false information about my person has been published?


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When making a claim for damages caused to “Honour, Privacy and Self Image”, especially to succeed with an order for compensation, it is necessary to act quickly and to follow the correct procedures. This is why it is strongly recommended that some basic, preparatory rules are correctly followed, and certainly under the guidance and supervision of an expert in the field:

1. Collection of evidence - Collect and keep as much evidence as possible as proof of the illegal action, with regards to the professional relationship if any, including proof of any commercial or contractual actions that caused the damage, such as newspapers, e-mails, letters, files, photographs, videos. Of course the details provided must be reliable as well as the
detailed identification of the person/s responsible and of any witnesses, etc.
2. Communication of the damage – The damages must be clearly communicated to the (offender/s) responsible parties in
writing with an acknowledgement of receipt, and, if possible, register the incident in any available complaints book.
3. Permanent Advice - You should always seek advice from a lawyer who will guide and supervise the procedure. My experience has shown me that if this is not done, many of the claims made by clients end up being detrimental or insufficient and rejected, and even frustrating any possible further legal claim in the future.

Monedero Abogados is a firm with nearly 25 years experience in the legal world, Masters in Tort Law, and members of the Law Association of Madrid, the Law Association of Málaga, the Spanish Association of Lawyers specialised in Public Liability and Insurance, the Association of Lawyers for Victims of Public Liability.



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