- Enforcing jurisdiction
- Spain · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
BODENSE ESTRUCTURAS Y CALDELERÍA, S.L. – €4,000 Fine (Spain, 2025)
Privacy enforcement record
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BODENSE ESTRUCTURAS Y CALDELERÍA, S.L. was fined €4,000 for recording audio in the workplace without proper justification. The Spanish data protection authority found that continuous audio recording invaded employees' privacy. This case serves as a warning for companies about the need to respect employee privacy rights.
What happened
The company installed cameras that recorded both video and audio in workplace areas without ensuring compliance with data minimization principles.
Who was affected
Employees working in areas monitored by the company's audio and video surveillance system.
What the authority found
The Spanish data protection authority determined that the company's audio recording practices violated GDPR's data minimization principle.
Why this matters
This case highlights the need for companies to carefully consider the privacy implications of surveillance technologies and to use less intrusive methods whenever possible.
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On 22 April 2025, a data subject lodged a complaint with the DPA against BODENSE ESTRUCTURAS Y CALDELERÍA, S.L., the controller. The data subject claimed that the controller had installed cameras recording both images and audio in workplace areas and had relied on the recordings in disciplinary proceedings against them. The controller confirmed that its video surveillance system, installed in 2019, consisted of seven cameras and was capable of recording both images and sound. Recordings were stored for seven days and could be accessed by the controller's security manager. The controller stated that the system pursued both security and employee-monitoring purposes. The controller argued that audio recording was necessary because of a previous burglary and because of the data subject's alleged inappropriate behaviour towards colleagues and management. According to the controller, the audio recordings had been used to substantiate the disciplinary proceedings. The DPA found that the continuous recording of workplace audio violated the data minimisation principle under Article 5(1)(c) GDPR. It considered audio recording particularly intrusive because it could capture private conversations and interfere with the workers' private sphere. The existence of information signs did not make such processing proportionate. The DPA rejected the controller's justification that audio recording was necessary for security and disciplinary purposes. In relation to the employee's conduct, the DPA considered that less intrusive evidence, such as statements from colleagues or supervisors, could have been used. Similarly, the previous burglary did not justify permanent audio recording, since video images alone could have been sufficient to establish the relevant facts. Therefore, the measure was neither necessary nor proportionate to the purposes pursued. The DPA also referred to [https://www.boe.es/buscar/act.php?id=BOE-A-2018-16673 Article 89(3) LOPDGDD], under which workplace audio recording is permitted only where risks to the security of installations, assets or persons arising from the activity carried out at the workplace make it necessary, and subject to proportionality and minimum-intervention requirements. The DPA considered that audio recording should be limited to exceptional situations rather than operate permanently. Consequently, the DPA imposed a €4,000 fine for infringement of Article 5(1)(c) GDPR. In addition, it ordered the controller, within one month after the decision became final and enforceable, to disable the audio functionality of the video-surveillance system, where applicable, and adapt its data protection policy accordingly.
Related Enforcement Actions (0)
No other enforcement actions found for BODENSE ESTRUCTURAS Y CALDELERÍA, S.L. in ES
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
22 April 2025
Authority
Agencia Española de Protección de Datos
Fine Amount
€4,000
GDPRhub ID
gdprhub-10222About this data
Cite as: Cookie Fines. BODENSE ESTRUCTURAS Y CALDELERÍA, S.L. - Spain (2025). Retrieved from cookiefines.eu
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