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Málaga City Council Must Pay €16,338 for Secret Intimate Photos by Local Police

A regional advisory body held the municipality responsible for psychological and moral harm after officers secretly filmed and circulated intimate images of the man defecating.

Overview

  • The Consejo Consultivo de Andalucía’s August 2025 ruling obliges Málaga’s municipality to compensate the victim for mental and moral damages.
  • Three officers were suspended for 15 days following a municipal disciplinary process at the Palma-Palmilla station.
  • During a December 1, 2022 traffic stop, officers filmed the driver defecating without his consent and shared the images via WhatsApp.
  • Circulation of the photos among his colleagues exacerbated his anxiety and led to six months of medical leave and mental health treatment.
  • The case underscores municipal liability under Spain’s data protection rules and highlights gaps in law enforcement accountability.