Right to One's Own Image in Spain: What It Is and What It Is Not

Abstract

The right to one's own image is a relatively young right that, in Spain, has its roots in the dignity of the person and it was first recognized in the 1978 Constitution. It is a right that arises from the self-determination of the human being and that is related with other rights such as the right to honor, privacy, protection of personal data, even with older ones such as the right to the inviolability of the home and the right to secrecy of communications. This characteristic makes it different from a purely commercial right, although it can't be denied that, possibly, this is the constitutional right with the greatest economic content.