| Applicant name | TENA ARREGUI |
| Applicant type | Natural person |
| Number of applicants | 1 |
| Country | Spain |
| Application no. | 42541/18 |
| Date | 11/01/2024 |
| Judges | Georges Ravarani, President, Lado Chanturia, Mārtiņš Mits, Stéphanie Mourou-Vikström, María Elósegui, Kateřina Šimáčková, Mykola Gnatovskyy |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | No violation |
| Reason | Adequate legal regime |
| Type of privacy | Procedural Privacy |
| Keywords | Policial party; private detective; criminal complaint |
| Facts of the case | Member of political party suspected by party of secret contacts with opposing party. Private detective hired; communications and private information gathered; some of it leaked to the press. Person wants criminal proceedings against the party, but these are dismissed. |
| Analysis | The Court finds no violation of ARticle 8 ECHR. On the one hand, there has been a very serious interference with privacy, on the other hand, the freedom of association Article 11 ECHR includes some discretion to monitor the activities of members. In this case, the ECtHR primarily assesses whether the legal system allows authorities to adequately respond to interferences with privacy, and whether the authorities have made a reasonable decision on whether to pursue this case. Both, the Court find, were in conformity with the Convention. In addition, although no criminal proceedings were initiated, the applicant could bring a civil claim against the party. |
| Other Article violation? | – |
| Damage awarded | – |
| Documents | Judgment |