Data protection
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Claim for publication of address in criminal judgment
The Supreme Court (TS) has decided not to rule in favor of a woman who was claiming about the publication of her address in the judgment of a criminal trial for gender-based violence, held in a court in Santa Cruz de Tenerife. She filed a complaint with the Spanish Data Protection Agency (AEPD) because, in her view, her privacy rights were violated and her security was put at risk, especially considering that there was a protection order in force. The Agency referred the matter to the General Council of the Judiciary (CGPJ), which requested explanations from the court. In its defense, the court explained that the address was included due to
process requirements , as the woman was involved in the case both as a victim and as an accused. The CGPJ acknowledged that publishing the address had been excessive and took measures to prevent it from happening again, for example, instructing that such data should not be included in future resolutions. Therefore, it closed the case after making the necessary corrections. However, the woman was not satisfied and requested the annulment of the case closure, additional
However, the woman was not satisfied and requested the case file to be annulled, but corrective measures , and compensation for damages. The TS reviewed the entire case and, although it acknowledges that she had reasons to claim, it considers that she did not suffer further damages after the CGPJ's correction and that, if she wanted to claim compensation, she should have followed a different procedure, the liability procedure in front of the Ministry of Justice. Ultimately, it is not ruled in their favor, but they are not penalized with costs either because there were reasonable doubts about how justice should act.
Our lawyers are at your disposal to defend your rights against actions contrary to the regulations on the protection of personal data that may harm you-
Misappropriation
Instrumental transmission of social shares to operate bank accounts
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Crimes of misappropriation and fraud
Misappropriation of amounts delivered to complete a housing promotion The case revolves around a real estate promotion in Riogordo (Málaga), consisting of 20 homes, managed by a promoting company. In the first stage, two people were listed as joint administrators (although one of them handled the daily management). Between 2008 and 2009, several homes were sold and buyers delivered amounts on account. Some were even given the keys, despite the fact that the work was not actually finished (it was said to be 90% complete), no deed was granted, and the construction company ended up abandoning due to non-payments. The result was that buyers found themselves living in houses without deeds and without a clear situation in the Registry. Some time later, those administrators sold their shares and a third person entered as the sole administrator. This new administrator was aware of the previous problem, but still asked some buyers for additional money (for example, 8,000 euros) on the argument that it was to complete the promotion. The relevant point is that this money was not used for what was promised nor was it returned. Furthermore, between 2010 and 2011, new sales of homes occurred under similar conditions, and later the entire set of 20 homes was sold to another company, generating a serious conflict between those who had bought earlier and those who appeared later as titleholders. The Provincial Court acquitted the first two administrators (it was not proven that they had diverted the money), but convicted the last one for aggravated misappropriation and fraud. The Supreme Court (TS) confirmed the conviction and rejected the appeal as it did not accept reopening the evaluation of the evidence and considered the denial of new documentation correct because it referred to subsequent facts and was not relevant to what was judged.
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Union law
The CJEU supports the Amnesty Law for normalizing the situation in Catalonia
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