TRABAJO RUEDA v. SPAIN - 32600/12 (Judgment : Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life)) French Text [2017] ECHR 487 (30 May 2017)

TRABAJO RUEDA v. SPAIN - 32600/12 (Judgment : Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life)) French Text [2017] ECHR 487 (30 May 2017)

The police seizure and examination of the applicant's computer constituted an interference with his right to respect for private life under Article 8 ECHR. The interference was not proportionate or necessary in a democratic society, as there was no urgency justifying the lack of prior judicial authorization; the...

Source-derived case information.

Citation
[2017] ECHR 487
Parties
Applicant: Carlos Trabajo Rueda; Respondent: Kingdom of Spain
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
Violation of Article 8 ECHR found
Legal Topics
Right to Respect for Private and Family Life, Search and Seizure, Proportionality, Judicial Authorization, Protection of Minors
Human Rights Criminal Law Right to Respect for Private and Family Life Search and Seizure Proportionality Judicial Authorization Protection of Minors

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Parties

Carlos Trabajo Rueda

Applicant

Kingdom of Spain

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether police seizure and examination of applicant's computer without prior judicial authorization violated Article 8 of the Convention
  2. 2 Whether the interference was proportionate and necessary in a democratic society

Ratio Decidendi

The police seizure and examination of the applicant's computer constituted an interference with his right to respect for private life under Article 8 ECHR. The interference was not proportionate or necessary in a democratic society, as there was no urgency justifying the lack of prior judicial authorization; the computer was already seized and disconnected from the internet, eliminating risk of evidence destruction. The applicant had access to effective judicial review, but the absence of urgency rendered the interference unlawful.

Court Disposition

Violation of Article 8 ECHR found

Orders

  • Declaration of violation of Article 8 ECHR
  • No monetary compensation awarded; finding of violation constitutes sufficient satisfaction