Spanish Data Protection Agency examines the health sector and the misuse of
The Spanish Supreme Court has made a ruling regarding the right to inviolability of the home
recognized under article 18.2 of the Spanish Constitution. The Court states that the use of binoculars
cannot be permitted under the argument that no obstacles have been placed by the owners of the
house in order to prevent surveillance. According to the Court, the fact that the blinds or curtains
remain open cannot be interpreted as an implicit authorization to allow the use of binoculars by the
police to peer inside the owner's home.
In its judgment, the Supreme Court refers to the technological advancements, including sophisticated
devices that can easily invade individual privacy. In this regard, the Court points out the need to
reinterpret article 18.2 of the Spanish Constitution in order to adapt it to new options that did not exist
in the past. From now on, the home should not only be protected against the physical incursion but
also against "virtual" incursion. As an example, the Court mentions the use of drones as a threat to
For more information, please contact Raul Rubio, Patricia Perez, Rosario Alvarez, Ignacio Vela,
Alvaro Ubeda or Cristina Monereo.