AEPD (Spain) - PS/00337/2019

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AEPD - PS/00337/2019
Authority: AEPD (Spain)
Jurisdiction: Spain
Relevant Law: Article 21(1) GDPR
Article 39 Organic 5/1985, of June 19 on the General Electoral System and its modifications (LOREG)
Type: Complaint
Outcome: Rejected
Decided: n/a
Published: 14. 2. 2020
Fine: n/a
Parties: Partido Socialista Obrero Español
National Case Number/Name: PS/00337/2019
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Spanish
Original Source: AEPD (in ES)
Initial Contributor: n/a

The claimant filed a complaint with the AEPD against the political party Partido Socialista Obrero Español (PSOE) for failing respect his right to object to the processing of information as they sent him political advertisement by email.

English Summary


The electoral roll list was sent to political parties. The lists were updated up until a deadline. Persons who had objected to being on the lists within the deadline were removed from the list. The AEPD noted that the right to object to processing following Article 21 is not absolute. The data may still be processed if the controller can demonstrate a compelling legitimate ground to continue the processing. The AEPD noted that the deadline set out by national law (LOREG) was one such legitimate ground.


The question for the AEPD was if the claimant had registered his objection to the processing of his personal data within the deadline set out by law.


The AEPD found that as the claimant did not register his objection within the deadline, the PSOE was not in breach of the GDPR or national legislation by sending political advertisement to his address.


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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.