Spanish Data Protection Authority Sanctions Media Over Police Infiltration Exposés

Key Takeaways

• The Spanish Data Protection Agency (AEPD) has fined the media outlet 'El Salto' €5,000 and ordered the censorship of investigative articles regarding police infiltration into social and political movements.
• 'El Salto' is the fourth media organization to be sanctioned for similar reporting, joining 'La Directa', 'Vilaweb', and 'Diari de Balears' in facing cumulative fines exceeding €30,000.
• The AEPD does not dispute the accuracy of the reporting but demands the removal of officer pseudonyms, background information, and visual evidence, effectively gutting the traceability of the reported illicit activities.

Context and Implications

• This administrative action is characterized by the outlets as a SLAPP (Strategic Lawsuit Against Public Participation), intended to stifle investigations into police misconduct.
• The sanctions contradict the spirit of the EU Anti-SLAPP Directive (2024/1069), which aims to protect journalists and human rights defenders from intimidating legal actions.
• In contrast to the United Kingdom’s 'Spy Cops' scandal, where authorities have declassified documents and issued apologies, Spanish institutions have largely shielded the officers involved from judicial scrutiny.

Ongoing Developments

• Legal representatives for the outlets argue that the censorship impairs the public's right to access verifiable information and intend to challenge the ruling through all available instances.
• While the government has not officially acknowledged the specific infiltration cases, officials have defended the operations by classifying the agents as 'intelligence officers' who operate outside standard judicial oversight.
• The affected media outlets have reported these instances of censorship to the Media Freedom Rapid Response project to document the ongoing pressure on press freedom in Spain.