Tag Archives for " Spain "

Spanish court admits emails from internal investigation as evidence

A judicial decision, issued by the employment division of the Spanish Supreme Court, has confirmed the admissibility as evidence, to justify a dismissal, of the emails of the dismissed employee obtained in the course of an internal investigation.

This decision has its origin in a claim for unfair dismissal filed by an employee of a Spanish company which had been dismissed by the company for committing very serious infringements of the Spanish Workers’ Statute – it was proven that the dismissed employee had accepted a bribe from one of the company’s suppliers.

Source: Spanish court admits emails from internal investigation as evidence

Misuse of employee´s image may breach law

One of the personal rights of employees is honour and reputation, which is contained in Article 18.1 of the Spanish Constitution and is closely connected to the right to private and family life in Article 12 of the United Nations Universal Declaration of Human Rights and Article 8 of European Convention on Human Rights.

From a national perspective in Spain, Organic Law 1/1982 provides protection of both the right to honour and reputation and the right to personal and family life.

Source: Spain – Misuse of employee´s image by employer triggers breach of self-image right | Ius Laboris

GDPR supports biomedical research, says Spanish data watchdog

The General Data Protection Regulation (GDPR) supports the development of biomedical research, Spain’s data protection authority has said.

In a new report, La Agencia Española de Protección de Datos (AEPD) said the existing regulatory framework in force in Spain relating to the processing of data for biomedical research purposes would not need to be altered because of the introduction of the GDPR, which will apply from 25 May.

Source: GDPR supports biomedical research, says Spanish data watchdog

AEPD guidelines on risk assessments and data protection impact assessments

To facilitate compliance with the General Data Protection Regulation, the Spanish Data Protection Agency, or AEPD, has published data protection impact assessment guidelines and risk assessment guidelines (in Spanish).

The guidelines provide information and examples about the concepts, measures and techniques that could be applied to identify, evaluate and manage the risks and high risks involved in the processing of personal data. The guidelines also help organizations know how to reduce such risks to an acceptable or tolerable level, meet individuals’ expectations of privacy, and comply with the GDPR.

Source: AEPD guidelines on risk assessments and data protection impact assessments

Spanish data protection guidance ‘should help with GDPR compliance’

New guidance produced by Spain’s data protection authority should help businesses determine what security measures they need in order to comply with new EU data protection laws.

La Agencia Española de Protección de Datos (AEPD) recently published guidance for organisations on how to assess the risks involved in personal data processing operations. It also updated existing guidance on conducting data protection impact assessments (DPIAs)

Source: Spanish data protection guidance ‘should help with GDPR compliance’

ECHR workplace surveillance decision “tips the scales” in favour of employees

18 January 2018 The European Court of Human Rights (‘ECtHR’) issued, on 9 January 2018, its judgement in López Ribalda v. Spain regarding the covert video surveillance of a Spanish supermarket chain’s employees after suspicions of theft had arisen.

Source: International: ECtHR workplace surveillance decision “tips the scales” in favour of employees

Spanish Courts Rule in Parental Authority Over Privacy Rights

The Provincial Court of Pontevedra recently ruled parental responsibility over children’s privacy in the case of a woman against her ex-husband on Tuesday, December 26th. The woman filed on the behalf that her ex-husband was breaching the privacy rights of their children by forcibly reading their WhatsApp chats, which would break article 197 of the Criminal Code. Entailing one to four years of jail time with a fine “to discover the secrets or violate the privacy of another, without your consent, take possession of your papers, letters, emails or any other documents or personal effects (…)“.

Source: Spanish Courts Rule in Parental Authority Over Privacy Rights – 71 Republic

Right to be forgotten and global delisting: some news from Spain

In a recent ruling, the Spanish Audiencia Nacional – the high court that referred the Google Spain case to the Court of Justice of the European Union (CJEU) – has somehow expressed opposition against imposing global delisting obligations on search engines.

Source: Right to be forgotten and global delisting: some news from Spain | Center for Internet and Society

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