Judge Zapatero Prohibits Use of Unnecessary Personal Data in Investigation

In a significant development in the investigation into former Prime Minister José Luis Rodríguez Zapatero in Spain, the judge overseeing the case issued a stern warning to police units. Judge José Luis Calama, presiding over the 'Plus Ultra' case at the National Court, signed a decree addressed to the Economic and Fiscal Crime Unit (UDEF), ordering them to ensure that the appendices of their reports contain no information or personal data unrelated to the case. The decree was enacted following the leak to the press of a police report containing full transcripts of Zapatero's WhatsApp conversations and agenda entries, after the defense team requested data protection. The judge emphasized that police must adopt a stance in future stages that is limited to the subject of the lawsuit, avoids unnecessary information, and does not violate private life.

Court records show that Judge Calama upheld the concerns of Zapatero's defense regarding the uncontrolled dissemination of data and acted accordingly. The defense had argued that the police did not exceed their authority in their investigation and claimed that the leaked data, obtained thereby, fell outside the scope of the investigation. In response, the judge requested that documents added to police reports be strictly limited to relevant events, removing unnecessary information that did not serve the purpose of the trial and personal data unrelated to the crime under investigation. This decision is considered an important step taken to protect the former prime minister's privacy rights, ensuring that the focus of the case file is on the quality rather than the quantity of evidence presented.

To prevent a repeat of past leaks, the judge also ordered additional security measures to be taken for the protection of all documents uploaded to the case file. Calama ordered that the records of statements taken during the investigation be moved to a special and secure section accessible only to prosecutors and the judge. This aims to increase the security of the cloud system holding the case file and prevent unauthorized individuals from obtaining private information and leaking it to third parties. The Court recalled that a separate investigation has been launched into the data leak and stated it would do everything possible to stop the outflow of information.

Another important measure taken to ensure the confidentiality of the file concerned the hierarchical flow of information within the UDEF. Judge Calama instructed the General Directorate of Innovation and Support, affiliated with the General Directorate of Security, to prepare a report on technical measures to increase the digital security of the documents. Additionally, taking into account a previous application, the judge prohibited the UDEF unit from informing their hierarchical superiors about this investigation. The judge decided that the investigation should be conducted under 'total secrecy' status, ordering that information be limited to those directly related to the case and that the flow of information within institutional bureaucracy be restricted.

In conclusion, the judge partially met the request made by Zapatero's lawyers to have the leaked data removed from the case file and for the file to be returned to the police for reorganization. While the judge stated that it was technically impossible to completely remove the appendices of the police report or return the file, he insisted that future additions and reports must comply with these conditions. This situation marks a development in favor of the protection of Zapatero's personal data and represents a legal process that re-establishes the balance between limiting police powers and the transparency and confidentiality of the judicial process. The investigation continues to maintain its place on the agenda both in terms of the allegations and the legal procedures of the process.