Spanish Supreme Court declares employees' "black lists" as unlawful On 12 November 2015, the Spanish Supreme Court handed down a significant ruling which analyzed the legal effects of the inclusion of an employee in a "black list" that prevented him from working for other companies in the same sector. The employee had been fired from his former company, which accused him of having collected money for a free service; a fact that, however, has not yet been proven. Each time the employee applied for a new job in the same sector, every company would reject his application outright due to his inclusion in the "black list". Consequently, the worker sued his former company alleging that his fundamental rights to honor and personal data protection had been violated. The Spanish Supreme Court established that both fundamental rights to honor and data protection had indeed been violated. From a data protection perspective, the Supreme Court stated that the transmission of the employee's data to third parties to create a "black list" was illicit, given that (i) the worker's previous consent was not duly obtained; (ii) it was not legally covered under any of the exceptions to the obligation to gather the consent foreseen in article 11.2 of the Spanish Data Protection Law; (iii) it did not respect the principle of quality of data - the data that was communicated to third parties was not deemed proven by the court; and (iv) the worker was not provided with the possibility to exercise his rights to access, rectify, cancel or oppose the personal data processing. However, the Supreme Court did not get into an assessment of what would have happened had prior consent of the employee been duly obtained or if the facts that led to the employee's dismissal were indeed proven as true. For more information, please contact Raul Rubio, Patricia Perez, Rosario Alvarez, Ignacio Vela, Alvaro Ubeda or Cristina Monereo.