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Spain: Supreme Court issues decision confirming €7,500 fine against Miraclia Telecomunicaciones for data protection violations

The third Contentious-Administrative Chamber of the Spanish Supreme Court ('the Supreme Court') issued, on 23 June 2020, a decision confirming a €7,500 fine against Miraclia Telecomunicaciones SL for violations of the data protection law. In particular, the Supreme Court found that the recording of telephone jokes through an app constitutes processing of personal data under the applicable data protection law, since the voices of individuals may constitute personal data when associated with other information, such as the telephone number. In addition, the Supreme Court ruled out Miraclia Telecomunicaciones's argument that the processing was carried out during a purely personal or household activity. Lastly, the Supreme Court also established that Miraclia Telecomunicaciones's conduct violated the requirement for lawful consent, since the company only asked for the users' consent to the recording at the end of the same. 

You can read the press release, only available in Spanish, here