European Data Protection Digest

High Court Declares Data Protection Article Void

PRIVACY LAW—SPAIN

February 17, 2012

In light of the European Court of Justice's decision that "Spain had not transposed correctly the provisions concerning the balance of interests of EC Directive 95/46 on personal data protection and that, consequently, Spanish law is in breach of Article 7(f) of the directive," the Spanish Supreme Court has ruled on a challenge to Article 10.2.b. The Spanish Supreme Court has "declared Article 10.2.b of the secondary regulation, which required that the data appeared in public sources, in addition to the legitimate interest of the data controller, void," according to a Bird & Bird report. "This judgment shows, once again, the enormous importance of EU law in the development, interpretation and application of national legislations," said Antonio Creus of Bird & Bird, adding, "It is curious how a legal action against a recent secondary regulation (from 2007) can show the inadequacy of a 10-year-old organic law."
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