Category: Spanish Data Protection

AEPD issues highest fine for GDPR violations

5. March 2021

The Spanish Data Protection Authority, the Agencia Española de Protección de Datos (AEPD), imposed a fine of EUR 6.000.000 on CaixaBank, Spain’s leading retail bank, for unlawfully processing customers’ personal data and not providing sufficient information regarding the processing of their personal data. It is the largest financial penalty ever issued by the AEPD under the GDPR, surpassing the EUR 5.000.000 fine imposed on BBVA in December 2020 for information and consent failures.

In the opinion of the AEPD, CaixaBank violated Art. 6 GDPR in many regards. The bank had not provided sufficient justification of the legal basis for the processing activities, in particular with regard to those based on the company’s legitimate interest. Furthermore, deficiencies had been identified in the processes for obtaining customers’ consent to the processing of their personal data. The bank had also failed to comply with the requirements established for obtaining valid consent as a specific, unequivocal and informed expression of intention. Moreover, the AEPD stated that the transfer of personal data to companies within the CaixaBank Group was considered an unauthorized disclosure. According to Art. 83 (5) lit. a GDPR, an administrative fine of EUR 4.000.000 EUR was issued.

Additionally, the AEPD found that CaixaBank violated Art. 13, 14 GDPR. The bank had not complied with the information obligations since the information regarding the categories of personal data concerned had not been sufficient and the information concerning the purposes of and the legal basis for the processing had been missing entirely. What’s more, the information provided in different documents and channels had not been consistent. The varying information concerned data subjects’ rights, the possibility of lodging a complaint with the AEPD, the existence of a data protection officer and his contact details as well as data retention periods. Besides, the AEPD disapproved of the use of inaccurate terminology to define the privacy policy. Following Art. 83 (5) lit. b GDPR, a fine of EUR 2.000.000 was imposed.

In conclusion, the AEPD ordered CaixaBank to bring its data processing operations into compliance with the legal requirements mentioned within six months.

Spanish DPA imposes fine on Spanish football league

13. June 2019

The Spanish data protection authority Agencia Española de Protección de Datos (AEPD) has imposed a fine of 250.000 EUR on the organisers of the two Spanish professional football leagues for data protection infringements.

The organisers, Liga Nacional de Fútbol Profesional (LFP), operate an app called “La Liga”, which aims to uncover unlicensed performances of games broadcasted on pay-TV. For this purpose, the app has recorded a sample of the ambient sounds during the game times to detect any live game transmissions and combined this with the location data. Privacy-ticker already reported.

AEPD criticized that the intended purpose of the collected data had not been made transparent enough, as it is necessary according to Art. 5 paragraph 1 GDPR. Users must approve the use explicitly and the authorization for the microphone access can also be revoked in the Android settings. However, AEPD is of the opinion that La Liga has to warn the user of each data processing by microphone again. In the resolution, the AEPD points out that the nature of the mobile devices makes it impossible for the user to remember what he agreed to each time he used the La Liga application and what he did not agree to.

Furthermore, AEPD is of the opinion that La Liga has violated Art. 7 paragraph 3 GDPR, according to which the user has the possibility to revoke his consent to the use of his personal data at any time.

La Liga rejects the sanction because of injustice and will proceed against it. It argues that the AEPD has not made the necessary efforts to understand how the technology works. They explain that the technology used is designed to produce only one particular acoustic fingerprint. This fingerprint contains only 0.75% of the information. The remaining 99.25% is discarded, making it technically impossible to interpret human voices or conversations. This fingerprint is also converted into an alphanumeric code (hash) that is not reversible to the original sound. Nevertheless, the operators of the app have announced that they will remove the controversial feature as of June 30.

Spain publishes new data protection law

11. December 2018

On December 6, 2018, the new Spanish data protection law was published in the “Boletín Oficial Del Estado”. The “Ley Orgánica de Protección de Datos Personales y Garantía de los Derechos Digitales” (Organic Law on Data Protection and Digital Rights Guarantee) has been approved with 93% parliamentary support and implements the GDPR into national law.

The new law contains a number of regulations that will affect data processing operations. For example that the consent of a data subject is not enough to legitimate the processing of special categories of data if the main purpose is e.g. to identify an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or genetic data.

The law also includes a list of cases in which entities must appoint a data protection officer for example entities that operate networks and provide electronic communications services, education centres and public and private universities. All businesses have up to 10 days after (mandatory or voluntary) appointing a data protection officer to notify the Spanish Data Protection Authority of that fact.

However, one of the biggest changes is the introduction of new digital rights such as the right to universal access to the internet; the right to digital education; the right to privacy and use of digital devices in the workplace; the right to digital disconnection in the workplace; the right to privacy in front of video surveillance devices and sound recording at work; the right to digital will.

Spain imposes fine against Facebook

13. September 2017

The Spanish Data Protection Authority imposes a fine of €1,2m against Facebook. The social media network collects Personal Data of the users without a permission for this.

The responsible Data Protection Authority considers that Facebook collects personal information like gender, religious attitudes, personal preferences and personal beliefs without informing the persons concerned about the concrete use of this data.

The Data Protection Authority criticizes the unclear wording of Facebooks privacy policy. Moreover Facebook uses the personal data for advertising purposes without a permission. This constitutes a breach against Spanish Data Protection law.

Furthermore Facebook recognizes as well third party pages the user is referred if he clicks on links and illegally tracks visitors who are not Facebook users.

Finally is criticized that Facebook does not remove data, if a user unsubscribe the network. The collected information is stored for month even if the user terminates its account.

Not only Spain started an investigation against Facebook and imposes a fine as well as Spain also Belgium, France, Germany and the Netherlands are investigating against Facebook due to breaches against the local Data Protection law.

Spanish Constitutional Court legitimates employee monitoring without prior information

17. March 2016

In March 2016, the Spanish Constitutional Court rectified the existing Spanish jurisprudence regarding employee monitoring. This rectification is based on a constitutional appeal from an employee of a well-known fashion store, who was dismissed due to misappropriation of money from the cash register.

The company found out this conduct through the video surveillance cameras that it had installed in its premises. A distinctive sign was placed at a visible place of the shop window. However, the employees were not informed about the use of the surveillance cameras.

According to Art. 5.1 and Art. 6.1 of the Spanish Data Protection Act, the data subject must be informed about the processing of his/her personal data and give his/her unambiguous consent to this processing.

In this sentence, the Spanish Constitutional Court declares that the prior information and consent of the employee to video recording is not required in this case because a video surveillance system aims at contributing to the control and security of employees. Additionally, as a visible distinctive sign had been placed at the premises, the employer was exempted from informing each employee individually. Furthermore, Art. 20 of the Spanish Statute of Rights for Workers allows the employer to control and monitor its employees, in order to ensure that they fulfill their obligations. In this sense, the monitoring cannot violate the employee´s dignity.