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Spain / Supreme Court, civil section / 267/2014

Gerardo / Yell Publicidad S.A. v Equifax Ibérica S.L.

Policy area:
Information society
Deciding Body type:
National Court/Tribunal
Deciding Body:
Spain / Supreme Court (Civil Division, section 1)
Type:
Decision
Decision date:
21/05/2014

Key facts of the case:

The plaintiff is a lawyer who signed a contract aimed at promoting his professional activity online with Yell, an advertising company. Although the plaintiff had afterwards rescinded the contract, Yell ignored his communication and kept sending the monthly invoices. As the plaintiff's bank had been requested not to pay them, Yell communicated the plaintiff's personal data to Equifax, a company responsible for a "debtors' list" (defaulting record). When the plaintiff asked for the cancellation of his personal data included in the list because of their inaccuracy and their disconformity with the legislation on the personal data protection, Equifax rejected his request. The case concerns an appeal against the judgment given by the Provincial Court of Sevilla, whereby the plaintiff requests the acknowledgement of an unlawful interference with his right to honour and the infringement of his right to the protection of personal data. These interferences were attributed to the aforementioned companies, Yell and Equifax. With regard to the former, the appeal concerned only the extent of the reparation, since the appealed judgment had already admitted the existence of an interference, while, with regard to the latter, the appeal concerned the substance of the interference, rejected by the appealed judgment.