Data protection

The Supreme Court (TS) has decided not to rule in favor of a woman who was claiming about the publication of her address in the judgment of a criminal trial for gender-based violence, held in a court in Santa Cruz de Tenerife. She filed a complaint with the Spanish Data Protection Agency (AEPD) because, in her view, her privacy rights were violated and her security was put at risk, especially considering that there was a protection order in force. The Agency referred the matter to the General Council of the Judiciary (CGPJ), which requested explanations from the court. In its defense, the court explained that the address was included due to

process requirements , as the woman was involved in the case both as a victim and as an accused. The CGPJ acknowledged that publishing the address had been excessive and took measures to prevent it from happening again, for example, instructing that such data should not be included in future resolutions. Therefore, it closed the case after making the necessary corrections. However, the woman was not satisfied and requested the annulment of the case closure, additional

However, the woman was not satisfied and requested the case file to be annulled, but corrective measures , and compensation for damages. The TS reviewed the entire case and, although it acknowledges that she had reasons to claim, it considers that she did not suffer further damages after the CGPJ's correction and that, if she wanted to claim compensation, she should have followed a different procedure, the liability procedure in front of the Ministry of Justice. Ultimately, it is not ruled in their favor, but they are not penalized with costs either because there were reasonable doubts about how justice should act.

Our lawyers are at your disposal to defend your rights against actions contrary to the regulations on the protection of personal data that may harm you