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Supreme Court case law

A child’s messages and protection from online abuse

One case of The Criminal Chamber related to criminal services.

Supreme Court · Second Chamber (Penal) · 2015

ECLI:ES:TS:2015:5809 · Date of resolution: 10/12/2015

What the Supreme Court considered and decided

The court admitted messages obtained by a mother who suspected that her daughter, a minor, was being subjected to online abuse. It weighed the circumstances of access and the child’s protection.

What this helps explain

It does not constitute an unlimited authorization for family surveillance: proportionality and the circumstances of access remain essential.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.

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