A man captured naked in his yard by a Google Street View camera has been awarded compensation by a court after his naked behind was published over the internet for all to see.
Google will have to pay a compensation of $12,500 ( ₹10 lakh) to the man, a police officer by profession, for the violation of his dignity.
A private moment made public
The incident occurred in 2017 in a small town of Argentina when a Google camera captured him in the buff, from behind in his own backyard.
The man had sought payment from the internet giant for harm to his dignity, arguing he was behind a two-meter (6.6-foot) wall when his naked image was captured along with his house number and street name.
The picture and the incident was later broadcasted on Argentine TV and shared widely on social media. He claimed that this public exposure led to ridicule at work and among his neighbors, causing harm to his dignity.
Legal rulings so far
Initially, another court dismissed the man’s claim last year, ruling he was to be blamed for “walking around in inappropriate conditions in the garden of his home.” Google also argued that the perimeter wall was not sufficiently enough.
However, an appeals court overturned this decision, strongly asserting that the man’s dignity had been “flagrantly violated”.
“This involves an image of a person that was not captured in a public space but within the confines of their home, behind a fence taller than the average-sized person. The invasion of privacy… is blatant,” the court wrote.
The judges said “there is no doubt that in this case there was an arbitrary intrusion into another’s life.”
Google’s responsibility affirmed
The appeals judge found no justification for Google to evade responsibility for this serious error that involved an intrusion into the plaintiff’s house, within his private domain, undermining his dignity.
“No one wants to appear exposed to the world as the day they were born.”
Crucially, the court pointed to Google’s existing policy of blurring the faces and license plates of people and vehicles in Street View as evidence that the company was aware of its duty to avoid harm to individuals.
In this particular case, the judges stated that “it was not his face that was visible but his entire naked body, an image that should also have been prevented.”
The court absolved co-accused telecoms company Cablevision SA and news site El Censor, ruling that their actions in spreading the image actually “helped highlight the misstep committed by Google.”