[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"$f3eqZ3TpGhl_Km9Q8yetHrftqRxCe8uPqQHD5ulyj-tM":3},{"article":4,"iocs":47},{"id":5,"title":6,"slug":7,"summary":8,"ai_summary":9,"brief":10,"full_text":11,"url":12,"image_url":13,"published_at":14,"ingested_at":15,"relevance_score":16,"entities":17,"category_id":24,"category":25,"article_tags":29},"c769cd47-b6f4-4c9b-812b-b72520a16108","TSJ PV - 1713\u002F2026","tsj-pv-1713-2026-0ea6e2","Created page with \"{{COURTdecisionBOX |Jurisdiction=Spain |Court-BG-Color= |Courtlogo=Courts_logo1.png |Court_Abbrevation=TSJ PV |Court_Original_Name=Tribunal Superior de Justica del País Vasco |Court_English_Name=High Court of Justice of the Basque Country |Court_With_Country=TSJ PV (Spain) |Case_Number_Name=1713\u002F2026 |ECLI=ECLI:ES:TSJPV:2026:1713 |Original_Source_Name_1=Cendoj |Original_Source_Link_1=https:\u002F\u002Fwww.poderjudicial.es\u002Fsearch\u002FindexAN.jsp |Original_Source_Language_1=Spanish...\" Show changes","A Spanish court has awarded an employee €335,000 in damages after her employer unlawfully used accidental Microsoft Teams recordings of private conversations. The court found that the employer violated the employee's fundamental rights to privacy and secrecy of communications by accessing and using these recordings without her knowledge or consent.","Spanish court awards employee €335,000 for unlawful use of Teams recordings.","Help TSJ PV - 1713\u002F2026: Difference between revisions From GDPRhub Jump to:navigation, search VisualWikitext Latest revision as of 09:27, 23 June 2026 view source Bms (talk | contribs)Bureaucrats, Interface administrators, noContributionReport, Administrators93 edits Tag: submission [1.0] (No difference) Latest revision as of 09:27, 23 June 2026 TSJ PV - 1713\u002F2026 Court: TSJ PV (Spain) Jurisdiction: Spain Relevant Law: Article 8 CFREUArticle 18 Spanish ConstitutionArticle 87 LOPDGDDArticle 88 LOPDGDDArticle 89 LOPDGDD Decided: Published: 11.05.2026 Parties: Fineco Sociedad de Valores, SA GIIC Fineco Sociedad Gestora de Instituciones de Inversión Colectiva National Case Number\u002FName: 1713\u002F2026 European Case Law Identifier: ECLI:ES:TSJPV:2026:1713 Appeal from: Social Court No. 9 of BilbaoJudgment No. 1094\u002F2026 Appeal to: Unknown Original Language(s): Spanish Original Source: Cendoj (in Spanish) Initial Contributor: bms A court held that an employer unlawfully used accidental Teams recordings of private conversations and awarded the employee €335.000 in damages for violation of fundamental rights. Contents 1 English Summary 1.1 Facts 1.2 Holding 2 Comment 3 Further Resources 4 English Machine Translation of the Decision English Summary Facts The data subject had worked for Fineco Sociedad de Valores, SA and GIIC Fineco Sociedad Gestora de Instituciones de Inversión Colectiva, SAU, the controller, since 2004. The data subject held a senior position and was presented externally as responsible for fixed income management. In May and June 2024, several work meetings took place via Microsoft Teams. After some of these meetings had ended, one participant failed to deactivate Teams correctly. As a result, the system continued recording for several hours conversations which no longer formed part of any professional meeting. The conversations involved the data subject, the former CEO and another board member. The participants were unaware that they were still being recorded. During the conversations, they discussed, among other matters, possible strategies connected to substantial changes in working conditions and compensation. The recordings were automatically stored in the company’s Teams environment. Months later, the new management accessed the recordings. On January 2025, the controller held a meeting with the data subject and referred to extracts of the recordings, stating that their content had affected the trust placed in her. The data subject questioned the legality of the recordings. The data subject then brought proceedings seeking the termination of her employment contract with compensation. She argued that the controller had accessed and used private conversations obtained without her knowledge or consent, thereby infringing her rights to privacy, secrecy of communications and personal data protection. The Social Court of Bilbao dismissed the claim. It considered the recordings admissible as evidence and imposed a €4,500 penalty on the data subject for bad faith and procedural recklessness. The data subject appealed before the Court. Holding The Court partially upheld the appeal. The Court held that the recordings were unlawful evidence. The data subject had not been informed that Teams continued recording after the meetings had ended, had not consented to it and had not caused the technical error. The mistake of another participant could not remove the data subject’s reasonable expectation of privacy. The Court found that this expectation was decisive. The conversations took place after the professional meetings had ended and the participants believed that they were speaking privately. The controller had not shown any prior policy or information allowing it to access and use such recordings for employment purposes. The Court held that the controller infringed the data subject’s rights to privacy and secrecy of communications under Articles 18.1 and 18.3 of the Spanish Constitution, read together with Article 18.4 of the Spanish Constitution, Article 8 ECHR and Articles 7 and 8 of the Charter. It also relied on Articles 87, 88 and 89 LOPDGDD and the Workers’ Statute rules on digital rights at work, which require prior information, proportionality and respect for workers’ privacy. The Court stressed that the decisive issue was the controller’s later access to and use of the recordings in the employment relationship. Since the evidence had been obtained and used in breach of fundamental rights, it had to be excluded. The Court revoked the first instance judgment, declared the employment relationship terminated and ordered the controller to pay €328,491.62 as statutory compensation. It also awarded €7,501 for the violation of fundamental rights. No administrative fine or GDPR corrective measure was imposed. Comment Share your comments here! Further Resources Share blogs or news articles here! English Machine Translation of the Decision The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details. Roj: STSJ PV 1713\u002F2026 - ECLI:ES:TSJPV:2026:1713 Id Cendoj: 48020340012026101131 Organ: Superior Court of Justice. Social Chamber Headquarters: Bilbao Section: 1 Date: 11\u002F05\u002F2026 Appeal No.: 738\u002F2026 Resolution No.: 1094\u002F2026 Procedure: Appeal Rapporteur: JOSE FELIX LAJO GONZALEZ Type of Resolution: Judgment APPEAL NO.: Appeal, 0000738\u002F2026 NIG PV 4802044420250004408 NIG CGPJ 4802044420250004408 JUDGMENT NO.: 001094\u002F2026 SOCIAL CHAMBER OF THE HIGH COURT OF JUSTICE OF THE AUTONOMOUS COMMUNITY OF THE BASQUE COUNTRY In the City of Bilbao, on the 11 May 2026. The Social Chamber of the High Court of Justice of the Basque Country, composed of The Honorable Judges Ms. Garbiñe Biurrun Mancisidor, President, Ms. Nuria Perchín Benito, and Mr. José Felix Lajo González, Judges, has rendered IN THE NAME OF THE KING the following JUDGMENT In the Appeal filed by Asunción against the judgment of the Social Court No. 9 of Bilbao, dated December 2, 2025, issued in proceedings concerning the termination of a temporary contract, and filed by Asunción against FINECO SOCIEDAD DE VALORES, SA, GIIC FINECO SOCIEDAD GESTORA DE INSTITUCIONES DE INVERSIÓN COLECTIVA, SAU. The presiding judge is the Honorable Mr. Justice José Félix Lajo González, who expresses the opinion of the Court. BACKGROUND FACTS FIRST.- The sole instance of the ongoing proceedings was initiated by a claim and concluded by a judgment, the statement of proven facts of which is as follows: \"FIRST. Ms. Asunción, with National Identity Document No. NUM000, has been providing services for the co-defendants FINECO SOCIEDAD DE VALORES, S.A. (hereinafter, FINECO SV) and GIIC FINECO SOCIEDAD GESTORA DE INSTITUCIONES DE INVERSIÓN COLECTIVA, S.A.U. (hereinafter, GIIC FINECO), since September 6, 2004, appearing on their payroll as a \"senior graduate\" professional. SECOND. The plaintiff was formally registered with GIIC FINECO, and it is undisputed that FINECO SV and GIIC FINECO constitute a group of companies for labor purposes. THIRD. According to document 10-T, which appears as No. 109 of the index Electronically, the plaintiff's remuneration in 2024 was €166,288.40. FOURTH. According to items 94 to 97 of the index, Ms. Asunción remained on sick leave due to an illness between January 30, 2025, and February 17, 2025, with a diagnosis of \"unspecified anxiety disorder.\" 1 CASE LAW On April 7, 2025, she went on sick leave again due to an illness with the same diagnosis, continuing in that situation at the time of the hearing. FIFTH. Mr. Ceferino was the CEO of FINECO GIIC until July 10, 2024, the date of his dismissal, and was replaced by Mr. Hermenegildo. SIXTH. While Mr. Ceferino was CEO, the plaintiff presented herself to the media as the head of fixed income at FINECO. (No. 128 of the index), a condition that also appeared in the teaching field or in corporate presentations (documents No. 129 and 132). SEVENTH. According to the testimonies of Mr. Ceferino, Mr. Bal","https:\u002F\u002Fgdprhub.eu\u002Findex.php?title=TSJ_PV_-_1713\u002F2026&diff=51953&oldid=0","https:\u002F\u002Fgdprhub.eu\u002Fimages\u002F4\u002F4c\u002FCourts_logo1.png","2026-06-23T09:27:24+00:00","2026-06-23T10:00:12.097902+00:00",8,[18,21],{"name":19,"type":20},"Microsoft Teams","product",{"name":22,"type":23},"Microsoft","vendor","3f0f8451-91df-4b6c-9a73-ef3b2509b7f1",{"id":24,"icon":26,"name":27,"slug":28},null,"GDPR","gdpr",[30,35,37,42],{"category":31},{"id":32,"icon":26,"name":33,"slug":34},"2e06f76c-d5b9-4f54-9eef-4d3447b10730","Breaches","breaches",{"category":36},{"id":24,"icon":26,"name":27,"slug":28},{"category":38},{"id":39,"icon":26,"name":40,"slug":41},"c5c77cdb-f7d7-4990-9436-c81dcbff1163","Policy","policy",{"category":43},{"id":44,"icon":26,"name":45,"slug":46},"d95477d7-eb04-4fad-a2dc-be1428040ce7","Privacy Fines","privacy-fines",[]]