Misuse of freelance workers’ data in Spain
In Spain, the data of millions of freelance workers is shared unlawfully by the registrar of freelance workers and the tax authorities with other public authorities, who then repurpose the data. Freelancers have noticed that this data has become accessible through search engines and private companies are selling individual profiles for up to EUR 40. The freelancers themselves are not informed if or how their data is transferred and used.
Xnet completed research in 2021 on the ways in which Spanish data protection legislation fails to properly respect European data protection standards on this issue. They confirmed their hypothesis that the data of millions of freelance workers is being shared illegally and mapped out a litigation strategy. They also made the finding that “blue collar” freelance workers (drivers, delivery people, etc) suffer from violations much more than “white collar” freelance workers (consultants, etc.).
In December 2022, Xnet filed a complaint to the Spanish Data Protection Agency.
Misuse of freelance workers’ data in Spain
Organisation Name
Xnet
Country/Jurisdiction
Spain
Thematic Area
Pre-litigation: EUR 19,815
Litigation Track: EUR 23,219
Current Status
Research complete; litigation ongoing
Grant type 1
Pre-litigation Research Support
Grant type 2
Litigation Track Support
Description
In Spain, the data of millions of freelance workers is shared unlawfully by the registrar of freelance workers and the tax authorities with other public authorities, who then repurpose the data. Freelancers have noticed that this data has become accessible through search engines and private companies are selling individual profiles for up to EUR 40. The freelancers themselves are not informed if or how their data is transferred and used.
Xnet completed research in 2021 on the ways in which Spanish data protection legislation fails to properly respect European data protection standards on this issue. They confirmed their hypothesis that the data of millions of freelance workers is being shared illegally and mapped out a litigation strategy. They also made the finding that “blue collar” freelance workers (drivers, delivery people, etc) suffer from violations more often than “white collar” freelance workers (consultants, etc.).
In December 2022, Xnet filed a complaint to the Spanish Data Protection Agency (the AEPD), who confirmed receipt and that they will investigate the complaint.
As of late 2023, Xnet are awaiting a decision from the AEPD.
"The data of millions of freelance workers is shared unlawfully by the registrar of freelance workers and the tax authorities with other public authorities, who then repurpose the data"
Strategic Goal
Xnet are seeking a ruling from the Spanish Data Protection Agency that ensures freelancer data rights are respected like the data rights of other workers. Their data should not be sold and their address data should be anonymised when they do not have a business address.
Organisation Name
Women’s Link Worldwide
Image credit: Photo by cottonbro studio from Pexels