Spain: the AEPD Priority Channel for intimate images
In Spain, the data protection authority (AEPD) runs a Priority Channel to request the urgent removal of sexual or violent photos, videos or audio posted online without consent. It is separate from a complaint to the police or the prosecutor.
Who it is for
The person affected, or anyone who knows the content is being shared, when the content is sexual or violent, the situation is particularly serious and the person affected is Spanish or in Spain. There is a separate form for under-18s (see the guide for minors).
Time frame
The AEPD presents the Priority Channel as an urgent removal route, but does not publish a fixed response time.
Cost
Free.
Legal basis
Spanish Criminal Code, Article 197.7: sharing without authorisation images or recordings obtained with the person’s consent at home or in another place out of sight of others, when this seriously harms their privacy, is punishable by 3 months to 1 year in prison or a fine of 6 to 12 months; anyone who re-shares them after receiving them can be fined (1 to 3 months), and the penalty is higher if the offender is the spouse or a current or former partner, if the victim is a minor or a person with a disability, or if done for profit. Depending on the case, Article 173.1 (degrading treatment) may also apply. The Priority Channel relies on data protection law (GDPR and Organic Law 3/2018) and on Article 52 of Organic Law 8/2021 (LOPIVI), which requires the AEPD to provide an accessible and secure channel.
The steps
- Keep evidence without forwarding the content: exact links (URLs), dated screenshots and the profile or account name.
- Fill in the Priority Channel form on the AEPD’s official e-office (sede electrónica): say where it is published (URL, or social network and profile), briefly describe what happened and state that you did not consent to it being shared.
- At the same time, report the content to the platform using its form; in the EU, it must examine your notice (DSA, Article 16).
- File a complaint with the Policía Nacional, the Guardia Civil, the regional police or a court: the AEPD request is separate from the criminal complaint.
- If the content only circulates via WhatsApp, Telegram or another messaging app, or by email, the Priority Channel cannot act: go straight to the police.
- To make re-uploading harder, you can use StopNCII, which creates a digital fingerprint of your images without sending them.
What to prepare
- The exact links (URLs), or the name of the social network and profile
- A short description of what happened, stating that you did not consent to it being shared
- Dated screenshots
- To file online: a means of identification under Spain’s Cl@ve system (digital certificate, electronic ID card, Cl@ve PIN or Cl@ve Permanente)
- Your contact details
Official links
- Priority Channel form (AEPD e-office, in Spanish)
- AEPD – when you can use the Priority Channel (in Spanish)
- Spanish Criminal Code, Article 197 (BOE, in Spanish)
- StopNCII – help prevent re-sharing
The limits you should know
- Only for sexual or violent content in exceptionally serious situations, and for people who are Spanish or in Spain.
- It does not work if the content only circulates via instant messaging (WhatsApp, Telegram…) or by email.
- Without Spanish electronic identification (Cl@ve), the AEPD e-office provides for filing on paper at an official registry.
- If the site is hosted outside Spain, the AEPD may need other authorities' cooperation and the process may take longer.
- No response time is published.
- Removal from one site does not delete copies posted elsewhere.
If it doesn’t work
An official form can go unanswered or be wrongly refused. That’s not the end: there are other doors, heavier but effective — the company hosting the site, the company managing its domain name, the laws of your country, the data protection authority. That’s exactly what we do for you, with your agreement.
- Reporting to the platform
- A written request to the site owner
- The domain name registrar
- The hosting company
- Search engines
- The authority or the courts
This information helps you use your rights. It doesn’t replace advice from a lawyer.