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Location data is personal data - noyb wins appeal against Spanish DPA

noyb - European Center for Digital Rights

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The Spanish Courts annulled a past decision by the Spanish DPA (AEPD). The AEPD had previously argued that Virgin telco, a telecommunications provider, had lawfully denied its customers access to their location data. noyb argued that location data was personal data and must therefore be disclosed under the right to access. Now, half a year later, both the AEPD and the Audiencia Nacional sided with noyb. Decision by the Audiencia Nacional Background. The GDPR grants users the right to access data companies store on them. On this basis, a Spanish customer requested access to his location data to Virgin telco. As Virgin telco refused to grant access, the customer filed a complaint with the AEPD, the national data protection authority. The AEPD sided with Virgin telco and concluded that no access to such data will be given. noyb appealed this decision in June 2022. Appeal against Spanish DPA. In the appeal, noyb argued for the fundamental right to access to be respected. While all telecomm