Photo of a badly parked car: can you post it?

Photographing a neighbour's car badly parked in the common courtyard and posting it with the plate visible in the building's social group or online is not a neutral act: the plate makes it possible to trace a person, so disseminating it is processing of personal data subject to Regulation (EU) 2016/679. Documenting improper parking is legitimate, but publicly exposing the owner, often with disparaging comments, can breach privacy and harm reputation. The purpose of reporting a problem can be pursued without pillorying the neighbour.

The concrete case

An owner finds a car left across the way, blocking passage in the common courtyard. They take a photo in which the plate is readable and post it in the condominium's group, adding a comment about the owner's behaviour. Others join in, the owner is recognised and feels exposed. The question is: is that publication allowed, or is it enough to report the fact without spreading the image and the data?

The plate is personal data

A vehicle's plate allows the registered keeper to be identified, directly or indirectly. For this reason its dissemination is processing of personal data and is not unrestricted. Posting a photo in which the plate is readable, linking it to a judgement about the owner's behaviour, means disclosing to a potentially wide audience information that allows that person to be singled out. A legal basis is needed, which a mere wish to complain in public does not provide.

The household exemption and its limits

GDPR does not apply to processing for purely personal or household activity. Keeping the photo for oneself or showing it to the manager to report the obstruction falls within this scope. Publishing in a large group, on an open page or a profile accessible to strangers removes the exemption: the wider and more indeterminate the dissemination, the more the processing is subject to ordinary rules and the higher the risk of harming the person portrayed.

• Photo to document the obstruction and send to the manager: usually allowed
• Publication with readable plate in an open group: unlawful processing without a legal basis
• Disparaging comments linked to the person: risk of harm to reputation
• Repeated or targeted dissemination at an individual: aggravates liability

How to report it properly

Anyone suffering improper parking has legitimate tools that do not involve public shaming. If the car blocks a passage or creates danger, it can be reported to the local police, competent in many cases even on private areas open to the public, and the manager can be informed, processing the report for the management purpose set by Articles 1130 and 1135 of the Italian Civil Code. The condominium regulation may govern the use of parking spaces and common areas, and the manager can call the person to order without exposing them to all.

The manager's role

The manager should discourage the use of social groups to expose individual owners and offer an official channel for reports. On receiving the photo, they can check the breach of common rules, contact the owner and, if the regulation provides for it, start the appropriate consequences, all without disseminating images and data to the community. This confidential handling prevents conflict and shields the condominium from complaints and damages claims.

Practical advice for owners

• Do not post photos with readable plates in condominium groups
• Send the report with the photo directly to the manager
• Contact the local police if there is danger or obstruction
• Avoid comments that identify and disparage the owner

The consequences of unlawful publication

Anyone disseminating online photos with plates or images identifying an owner, linking them to negative judgements, can receive a removal request, a complaint to the data protection authority and a damages claim; in the most serious cases, if the content is offensive, liability for harm to reputation is added. Complaining about a wrong does not authorise committing another: the correct route protects both the reporter and the reported.

An official reporting channel keeps complaints off open groups. With AmministraPro the manager collects reports with photos, contacts owners confidentially and keeps a record of breaches: the features are described on the /funzioni page and the plans on the /prezzi page.