The Spanish Constitutional Court Rejects the Appeal for Protection of Fundamental Rights to Former Financier De La Rosa
5 Pages Posted: 2 Apr 2009
Date Written: July 23, 2007
Abstract
Last 1st March 2007, the First Chamber of the Spanish Constitutional Court put an end to the controversy arisen from the publication in the Spanish newspaper "El Pais" of a photograph taken to a famous financier, Francisco Javier de la Rosa, while he was eating a sandwich in his prison cell (La Ley n. 6695, 18th April 2007). The Court rejects the plaintiff's appeal for protection of fundamental rights, rules that both his rights to own image and to privacy were not violated and, therefore, upholds the Supreme Court decision of 8th July 2004 (Ar. 5112) -previously discussed in InDret 1/2005 ("Publication of a convict's photograph, the former financier De la Rosa, while he was eating a sandwich in prison").
Keywords: Own Image, Privacy, Defamation Law, Constitutional Law
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