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 due to the publication of her addressin the judgment of a criminal trial for gender-based violence, held in a court in Santa Cruz de Tenerife. She reported to the Spanish Data Protection Agency (AEPD) because, in her view, her privacy rightswere 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 appeared in the case both as a victim and as an accused. The CGPJ acknowledged that publishing the address had been excessiveand took measures to prevent it from happening again, for instance, instructing that this information should not be included in future resolutions. Therefore, the case was closed 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, butcorrective measures, andcompensation for damages. The TS reviewed the entire situation and, although it acknowledges that she had reasons to claim, it considers that shedid not suffer further damages after the CGPJ's correction and that, if she wanted to claim compensation, she should have followed a different procedure, that offinancial liability in front of the Ministry of Justice. In the end, the ruling is not in their favor, but they are not penalized with costs either because there were reasonable doubts about how justice should act.
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