Daughter recorded my argument and shared it

[sb08]

(Scotland)
During a very heated argument my daughter (she is aged 18) recorded my outburst. It is not my finest moment. I am stood over her screaming yelling and have her by the collar. I did not strike her. But I am deeply ashamed of my actions.
My daughter left to go and live with her cousins. I did not know the event was recorded. I was charged with assault. I pleaded guilty. While I was in the cell my daughter and her cousins entered my home and took my daughter's clothes. And left a message on the table to say the had tidied up for me.!
In the meantime my sister has shared the recording on social media. Has directly sent the recording to other family members. My daughter has sent it to other family members too and my ex boyfriend. He arrived in the middle of the night banging on my door.
I had also had an abortion 6 months previously and only my boyfriend knew. He has passed this information onto my sister. This information is now being passed around the family via social media.
I realise my actions were wrong. My daughter has walked out. Under bail conditions I cannot contact her.
A senior family member has asked that there must be no further sharing of the recording. This has not happened and my intimate secrets are being shared readily.
I rang my solicitor but cannot get an appointment till Monday. This is tearing me apart. What can I do ?
I have had enough.

[sb08]

Anyone able to advise?

[Amethyst]

Morning xxx What a horrid situation for you. Legally there isn't a great deal you can do other than potentially apply for an injunction to try and stop the video and private information being shared but that's likely stable door after the horse has bolted. It seems likely to be a case of keeping your head down until it passes ( it will !). What's happening with the assault charges ?
I'll tag des8 see if he has any thoughts

[R0b]

Breach of data protection I would say, there's no exemption she can rely as that would have dissolved at the point she started sharing the recording between family members and on social media.

You could complain to the ICO as a general starting and you could pursue a damages claim for distress and breaches of data protection but do you really want to take your daughter to court over this, which is likely to magnify the problem 100 times more?

Amethyst's suggestion of riding this out might sound like the least hassle, giving that the incident originally stemmed from your own actions and I would agree. Although what route you take also depends on the relationship you have with your daughter and any pursuit of this might damage whatever relationship you have with her now or in the future.

Harassment is also another option and intimidation from a criminal perspective (if there is any) but again, you need to weigh up the options.

[TROLLEY]

Not sure about breach of data protection, could the daughter not claim the "for purposes and processing carried out by individuals purely for personal/household activities" exemption? Or does the broadcast on social media prevent this?

[des8]

Really can't add to what has been written already.
Attempts to silence this sort of "news" tends to fan the flames and cause it to spread even wider and faster.
Ignore it, brazen it out and it soon loses its attraction

[R0b]

Not sure about breach of data protection, could the daughter not claim the "for purposes and processing carried out by individuals purely for personal/household activities" exemption? Or does the broadcast on social media prevent this?

Correct. You will be exempt from personal data obligations if it is for personal activities.

The issue is between the OP and her daughter so once the daughter chooses to go outside of that boundry i.e. telling it to the world via social media, the exemption right becomes lost. It's also more than likely questionable as to whether the OP's daughter needed to tell family (as well as friends).

The GDPR principles requires data to be collected for a specific and legitimate purpose and not be further processed in a manner that is incompatible with that purpose. There is also the requirement for the processing of the data to be necessary, adequate and limited to the purpose intended.

[sb08]

Thank you so much.
I have spoken to a family member and I thoroughly agree that I must ignore it and brazen it out. I have put my hands up to my mistake and I deeply regret my actions.
I must move forward from this situation. I must ride the storm.
It's just sad!

[Amethyst]

It is, and it must be incredibly upsetting, but you will come out the other side, and so will your daughter - you just need to give it time and not bite back xxx