SUPERCOR, S.A. – €70,000 Fine (Spain, 2023)

€70,000Agencia Española de Protección de Datos24 February 2023Spain
final
Fine

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.

SUPERCOR, S.A. was fined €70,000 for using a hidden camera in a break room without telling employees or getting their consent. The Spanish data protection authority found that the company didn't balance its need to investigate theft with workers' privacy rights. This case highlights the importance of transparency and privacy in workplace surveillance.

What happened

SUPERCOR used a hidden camera in a break room without notifying employees or obtaining their consent.

Who was affected

Employees who were recorded by the hidden camera in the break room.

What the authority found

The Spanish data protection authority ruled that SUPERCOR violated GDPR by not properly balancing its legitimate interest in investigating theft with employees' privacy rights.

Why this matters

This decision emphasizes that companies must consider less invasive options and be transparent when using surveillance in the workplace. Businesses should ensure they have a clear and lawful reason for monitoring employees and must inform them about such measures.

GDPR Articles Cited

Art. 6 GDPR
Art. 5(1)(f) GDPR
Art. 32(1) GDPR

National Law Articles

Article 89(2)

Entities Involved

SUPERCOR, S.A.
Two employees of SUPERCOR
Full Legal Summary
Detailed

On 1 February 2022, two employees of SUPERCOR, S.A. filed complaints with the Spanish DPA (AEPD) after being dismissed based on video footage from a camera installed in a break room. The camera was installed without notifying employees or obtaining their consent. SUPERCOR claimed the room was used for storing damaged goods and argued that the surveillance was necessary to investigate internal theft. However, during the investigation, the company’s HR manager had referred to the room as the “break room” during employee interviews and in dismissal notices. SUPERCOR later explained that this was an error. The data subjects argued that SUPERCOR did not provide any signage or notification regarding the video surveillance. SUPERCOR maintained that the surveillance was justified under Article 6 GDPR, arguing that it had a legitimate interest for the processing of personal data due to the alleged thefts. The AEPD found SUPERCOR in violation of Article 6 GDPR, as the company did not properly balance its legitimate interest in investigating theft with the employees' right to privacy. The DPA determined that there were less invasive alternatives available to investigate the alleged theft. The DPA rejected SUPERCOR’s defense that the room was a room for damaged goods determining that it was a break room, regularly used by employees for rest and meals, thus making the surveillance unlawful under [https://www.boe.es/buscar/act.php?id=BOE-A-2018-16673#a8-11 Article 89.2 of the Spanish implementation of the GDPR (LOPDGDD)]. The DPA found that the room was indeed used for rest and meals, as the employees provided photographs showing a microwave, a fridge, and evidence of the employees changing clothes in the room. Additionally, SUPERCOR violated Article 5(1)(f) GDPR, which requires the protection of personal data through appropriate security measures. SUPERCOR failed to implement proportional measures and infringed the principles of data minimization and proportionality under

Related Enforcement Actions (0)

No other enforcement actions found for SUPERCOR, S.A. in ES

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

Details

Fine Date

24 February 2023

Authority

Agencia Española de Protección de Datos

Fine Amount

€70,000

GDPRhub ID

gdprhub-8496

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. SUPERCOR, S.A. - Spain (2023). Retrieved from cookiefines.eu

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