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Spanish woman wins spy cam case over supermarket pasty
A Spanish judge has told a supermarket to reinstate a sacked worker or pay her 鈧19,000 (拢16,758; $22,636), arguing that secret video showing her eating a pasty had breached her privacy.
A spy camera in the C贸rdoba shop had recorded the woman eating a pasty while serving customers, violating the rules.
The woman, not named, was sacked in November, having worked there for 12 years. She was unaware of the camera.
A European ruling says firms must not use such recordings in dismissal cases.
The C贸rdoba supermarket disciplined the worker because she had breached hygiene rules and had helped herself to a pasty - an empanadilla - on sale to the public.
Her lawyer, Valent铆n Aguilar, says on his website (in Spanish) that
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In January, five other Spanish supermarket workers - all women - won a similar case at the European Court of Human Rights.
Spanish courts had accepted covert video evidence from a supermarket chain, MSA, which accused the five of stealing items and helping co-workers and customers to do so.
But the European Court in Strasbourg found that under Spanish data protection law the workers should have been informed that they were under surveillance.
In that case, the court ordered Spain to pay each of the five women 鈧4,000 in damages, as well as 鈧500 in costs to four, and 鈧569 in costs to one.
MSA had made them aware of visible cameras in the shop, but not of hidden cameras.
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