Updates Corporate 8-2012

On February 8, 2012, Panel no. 6 of the Judicial Review Chamber of the Supreme Court handed down a judgment (Appeal no. 25/2008) (the “Judgment”) in relation to data protection that we believe is worth analyzing, albeit briefly, given the various different ways it is being interpreted.

INDEX
1. ORIGIN OF THE CONTROVERSY

2. DECISION ON THE QUESTIONS REFERRED FOR A PRELIMINARY RULING

3. COURT JUDGMENT

4. DOUBTS AS TO CONTENT AND PROBLEMS ARISING FROM THE INTERPRETATION OF THE JUDGMENT

4.1 Has Article 6.2 of the LOPD also been annulled?
4.2 Can the direct effect of Article 7.f) of Directive 95/46/EC be invoked in Spain?
4.3 Is the legitimate interest exception applicable without any additional requirements?
4.4 What is a legitimate interest?
4.5 If a company has a legitimate interest to process the data subjects’ data, must it observe additional obligations set out in data protection legislation?
4.6 Is an amendment of the LOPD envisaged in the short term, or an interpretation of the judgment by the Spanish Data Protection Agency?