MERCADONA S.A. โ€“ Court Ruling (Spain, 2021)

Court Ruling
DPA APBarcelona15 February 2021Spain
final
Court Ruling

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.

A court in Barcelona rejected Mercadona's request to use facial recognition to keep two convicted robbers out of their stores. The court found that using biometric data in this way wasn't justified, even though Mercadona argued it was necessary for security. This decision highlights the strict limits on using sensitive data like biometrics, even for security purposes.

What happened

Mercadona wanted to use facial recognition to prevent two convicted robbers from entering their stores.

Who was affected

Customers entering Mercadona stores, as their biometric data would be processed.

What the authority found

The court ruled against Mercadona's use of biometric data, stating it wasn't justified under GDPR's strict rules for sensitive data.

Why this matters

This case underscores the high bar for justifying the use of biometric data, even for security. Businesses should be cautious about deploying such technologies without clear legal grounds.

GDPR Articles Cited

Art. 9 GDPR
Art. 9(1) GDPR
Art. 9(2) GDPR
Decision AuthorityAP Barcelona
Full Legal Summary
Detailed

Two persons were sentenced to prison by a Criminal Court of Barcelona for violent robbery in a Mercadona supermarket. The were also prohibited from entering the supermarket for two years. Mercadona asked the court to allow them to use a system processing biometric data to monitor the entrance of the supermarket and stop them from accessing, as doing it with traditional means (i.e. instructing the security personnel to do it) would be too burdensome and virtually impossible. In order to justify this, they alleged a public interest based on the [https://www.boe.es/buscar/act.php?id=BOE-A-2014-3649 Spanish Private Security Act] and on a legitimate interest to ensure compliance with the judgment of the criminal court. The criminal court rejected the petition, against which the supermarket chain filed an appeal before the Barcelona Court of Appeal (Audiencia Provincial de Barcelona). They argued that: * Even if the category of biometric data is recognized in the GDPR as specially protected data, it does not exclude its use, provided that it is carried out with all the relevant security measures. The controller understands that the proposed security measures do not harm the rights of the data subjects, since, although the biometric data of all users entering one of the establishments are processed, the system instantly (within 0.3 seconds) detects the convicted individuals; while no biometric data of any person who has not been prohibited from entering the place will remain in the system, that will be immediately erased and will never be used. * The purpose of the legislator in the development of the GDPR is not only to protect the rights of natural persons but also the free circulation of data, taking into account the progress of technology. That is why it would be completely ineffective to try to solve a problem such as the control of those individuals with an entry ban by just showing the image of these individuals to dozens of employees of establishments so that they

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for MERCADONA S.A. in ES

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

Details

Ruling Date

15 February 2021

Authority

DPA APBarcelona

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. MERCADONA S.A. - Spain (2021). Retrieved from cookiefines.eu

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