Miraclia Telecomunicaciones, S.L. – Court Ruling (Spain, 2020)
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.
The Spanish Supreme Court ruled on a case involving Miraclia Telecomunicaciones, which used an app to make prank calls without getting consent from the recipients. The court found that the company violated data protection rules by processing personal data without a valid legal basis. This decision highlights the importance of obtaining consent before using personal data for commercial activities.
What happened
Miraclia Telecomunicaciones used an app to make prank calls without obtaining consent from the call recipients.
Who was affected
People who received prank calls through the Juasapp app without their consent.
What the authority found
The Spanish Supreme Court ruled that Miraclia Telecomunicaciones violated data protection rules by processing personal data without a valid legal basis.
Why this matters
This ruling emphasizes that companies must ensure they have a valid legal basis, such as consent, before processing personal data. It serves as a reminder for businesses to review their data handling practices, especially when using personal data for entertainment or commercial purposes.
National Law Articles
This sentence is the result of a cassation appeal submitted by the defendant against another sentence of the Spanish TS (ECLI: ES:AN:2018:4709, dated November 29, 2018) which, in turn, is the result of an administrative appeal submitted by the defendant against a decision of the Spanish Data Protection Agency (AEPD) dated November 3rd, 2017 imposing a fine of 7,500 € on the defendant due to the breach of Article 6(1) of the LOPD (the decision in Spanish can be downloaded [https://www.aepd.es/es/documento/ps-00559-2016.pdf here]). In order to use the Juasapp app, it was necessary that a natural person entered the telephone number of another natural person in the app; then this last one received a pre-recorded voice call with different kind of jokes (some of then even referring to possible events happened to his/her family); the only data protection information the affected by such jokes received was at the end of the joke, when the voice message specified that "his/her telephone had been provided by a friend or acquaintance" of him/her and that, "unless he/she communicates his/her opposition, his/her personal data will be processed by the defendant". The AEPD received different complaints from natural persons affected by such jokes, and clearly understood that the defendant had not obtained the consent to process personal data belonging to such people. In the cassation appeal submitted before the Spanish TS, the defendant considered that: (i) its commercial activity only provides leisure services to natural persons under their domestic or personal activity; (ii) the data processed by the defendant cannot be considered as personal, so the data protection obligations would not be applicable, and (iii) even if this activity is considered under the data protection obligations, the legal basis for its processing would be the legitimate interest of the defendant. The Spanish TS understood that: (i) the data processing activity carried out by a company in the framework
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Miraclia Telecomunicaciones, S.L. in ES
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Miraclia Telecomunicaciones, S.L. - Spain (2020). Retrieved from cookiefines.eu
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