PLATAFORMA CABANILLAS SA – €100,000 Fine (Spain, 2025)

PLATAFORMA CABANILLAS SA (a logistics company, the controller) requested documentation from a data subject before a job interview in July 2023. This included the data subject’s criminal record, civil status and number of children. The data subject presented a complaint to the DPA the same month. The controller argued that requesting these documents at that stage of the selection process was carried out in the interest of the data subject. The goal was to verify if the candidate met the legal requirements of the job position, and avoid situations in which a candidate progressed to a later stage to find out that they did not meet the necessary legal requirements. Furthermore, requiring this information was not discriminatory, as the controller is under legal obligation to verify the possible criminal records a person may have for a minimum of five years. In June 2024, the controller changed its candidate selection process, requesting the documentation on criminal records and civil status once the contract was signed. In the case of having a criminal record, the controller implemented a separate process of verifying if the candidate was suitable for specific security related job positions. The DPA first dismissed the arguments of the controller. According to the DPA, the controller could have stated the requirement of providing the documents early (such as in the application site, or in the e-mails sent to the candidates). In terms of discrimination and legal obligations, the DPA also stated that the law did not foresee an employer requesting this information at the interview stage. Rather, this is carried out at a later stage when the candidates have been selected. The DPA considered this a violation of the principle of data minimisation (Article 5(1)(c) GDPR). The hiring process of the controller meant that it had to process the data of all candidates it was going to interview. Furthermore, the fact that the controller later changed the process shows that a less