Court case 9946/2022 – Court Ruling (Spain, 2022)
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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 High Court of Justice of Catalonia ruled in favor of a police officer who was suspended for allegedly faking illness to catch a flight. The court found that the evidence used against the officer was collected unlawfully, violating their privacy rights. This case highlights the importance of respecting privacy laws even in disciplinary actions.
What happened
A police officer was suspended for allegedly faking illness to catch a flight, but the court found the evidence against them was unlawfully collected.
Who was affected
A police officer at Barcelona airport who was accused of faking illness to leave work early and catch a flight.
What the authority found
The court decided that the evidence collected regarding the officer's flight was obtained unlawfully, violating their privacy rights.
Why this matters
This ruling emphasizes that even in disciplinary cases, authorities must respect privacy laws when collecting evidence. It serves as a reminder that privacy rights are fundamental and must be upheld in all situations.
National Law Articles
This ruling started by the appeal that the data subject submitted to the High Court of Justice of Catalonia against the resolution of the Police Directorate General in which the data subject was suspended from their duties due to a serious violation. On the 5th of April of 2019, the data subject was assigned one shift which finished at 7. The data subject is a police officer who works at the Border Inspection post at Barcelona airport and that day, around 4:25 manifested feeling sick and having migraines which was written down in a statement that was handed over to the Inspector to finally leave their place of work. However, it was later discovered that the data subject went back to the airport at 6:25, took a flight to Tenerife and that the purchase of the ticket was done the 28 of March of that year. The resolution challenged states that the data subject deliberately faked their sickness to be able to take that plane and to leave their place of work which is foreseen in the Law regarding the disciplinary regimen of the National Police (Ley Orgánica 4/2010, de 20 de mayo, del Régimen Disciplinario del Cuerpo Nacional de la Policía) as a serious violation. The defendant claimed, among other things, the nullity of the resolution due to the unlawfulness of the evidence since the access to the data regarding the boarding of the flight was done in violation of their fundamental right to privacy and data protection and the presumption of innocence and, alternatively, the data subject claimed that the sanction was disproportionate. The High Court took into consideration a resolution of the present case by the Spanish DPA in which the authority upheld the complaint submitted by the data subject for the unlawful collection of their data regarding the boarding of that flight. Additionally, the Court considers that such collection could have been legal within a disciplinary proceeding -as in the present case- if the Police would have performed such investigative steps by th
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 9946/2022 in ES
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 9946/2022 - Spain (2022). Retrieved from cookiefines.eu
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