At a Coldplay concert in Massachusetts in July 2025, a couple appeared on the kiss cam. The man dodged, the woman turned away, and the moment caused laughter in the crowd. Within a day, however, the clip had gone viral. Online users claimed the pair were a CEO and his HR director, both married to others. The exposure led to widespread speculation, reputational damage, and workplace consequences.
If a similar situation arose in Aruba, recording attendees at a public concert would generally not violate privacy law. At such events, there is typically no strong expectation of privacy. Still, once a person is clearly identifiable and the footage is stored or widely shared, certain legal protections may become relevant. Article I.12 of the Constitution of Aruba and article 8 of the European Convention on Human Rights both guarantee respect for private life, even in public settings, particularly where the disclosure leads to serious personal harm.
Under the Landsverordening persoonsregistraties (AB 2011 no. 37), video images of identifiable individuals may qualify as personal data. If that footage is stored in an organized way, such as in a searchable database or archive, it may fall under the definition of a personal data registration. Article 3 requires that such registrations serve a specific and legitimate purpose. Article 6 limits what data may be included, and article 9 restricts sharing with third parties without consent or a legal basis. Posting the video online with names or speculative comments would, in principle, fall outside these boundaries.
Civil remedies may also apply. Article 6:167 BW Aruba allows a person harmed by an unlawful disclosure to seek damages. Courts must weigh interests under article 6:168, and where several parties were involved, shared liability may follow under article 6:166. In addition, article 6:162 BW Aruba may serve as a general ground for liability if the disclosure qualifies as a wrongful act that causes harm and violates a legal duty.
Even if brief, the public release of such footage in Aruba could, depending on the context, give rise to legal claims. The law offers avenues for redress where personal images are disclosed without consent and the impact on private life is substantial.
Photo: Aaron Paul on Unsplash
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