DPA case EXP202201673 – Complaint Upheld (Spain, 2024)

Complaint Upheld
Agencia Española de Protección de Datos5 January 2024Spain
final
Complaint Upheld

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

Euskaltel did not allow a user to access their geolocation data, citing legal obligations. This is important because it shows that companies must balance legal requirements with users' rights to access their data.

What happened

Euskaltel refused a user's request for access to their geolocation data, claiming legal obligations to retain it.

Who was affected

A user who requested access to their geolocation data held by Euskaltel.

What the authority found

The AEPD found that Euskaltel did not properly justify its refusal to provide access to the user's data.

Why this matters

This case highlights the need for companies to understand and respect users' rights under GDPR, even when facing legal obligations to retain data.

GDPR Articles Cited
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Art. 15 GDPR
Art. 18 GDPR
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Art. 15(GDPR)
Art. 18(GDPR)

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National Law Articles
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Art. 12.4 LOPDGDD

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Automated check recorded — 18 October 2026.

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Full Legal Summary
Detailed

A data subject requested access to his personal data, specifically the geolocation data regarding his telephone number with Euskaltel (“controller”). A few days after this access request, he also exercised his right to restrict the processing and specifically requested that they do not proceed with the deletion of the data until he had been given access to it. The controller responded that they could not provide the data subject with this information as Law 25/2007, of October 18, 2007, on the Conservation of Data related to electronic communications and public communications networks (Ley 25/2007, de 18 de octubre, de Conservación de Datos relativos a las comunicaciones electrónicas) would impose the obligation to retain certain data generated as a result of the activity of its users for the sole and exclusive purpose of making them available to the authorities for the detection, investigation and prosecution of serious crimes. Therefore, no access to personal data under Article 15 GDPR could be granted. Following this response, the data subject filed a complaint against the controller with the Spanish DPA (“AEPD”). On 25 April 2022, the AEPD decided to archive the proceedings with regard to the reasoned refusal given by the controller. The data subject filed an administrative appeal against this decision with the Audencia Nacional (“AN”) who annulled the decision of the AEPD in January 2023. As a result, the AEPD reopened the proceedings in order to take AN decision into account. The DPA heard both parties. Firstly, the AEPD indicated that the controller did not dispute the personal data nature of the information requested by the data subject, therefore, once this nature is established, the only exceptions that may apply to the exercise of any GDPR rights are those established by the law. The AEPD found that Law 25/2007 does not establish a limitation to the exercise of the right of access other that the the data subject is not to be informed about the the

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case EXP202201673 in ES

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

5 January 2024

Authority

Agencia Española de Protección de Datos

GDPRhub ID

gdprhub-7692

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. DPA case EXP202201673 - Spain (2024). Retrieved from cookiefines.eu

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