Result of the resolution: Set aside/dismissed
The cession in the court of the images of the accusing person (user of a public means of transport) on the part of the responsible for the file of videovigilància (operator of the tramviari system), does not require of the consent of the affected person, the existence of a legal habilitation that protects this cession attended to, as the case is of defense upward (art. 24 CE). Other breaches denounced about the system of videovigilancia (law of information and principle of proportionality or consent) are not appreciated either. Applied articles: Art. 5, 6, 11.2.a) of the LOPD and art. 24 CE. Instruction 1/2009