The National Court is investigating a cyberattack suffered by the National Markets and Competition Commission (CNMC) during which 2,000 million records of sensitive data from mobile phone owners were extracted.
In an order dated December 5 to which EFE has had access, the head of the central investigative court No. 3, María Tardón, accepts the inhibition of the investigative court No. 27 of Madrid, understanding that these are facts classified as crime of computer attack and against national security.
The computer attack occurred through illicit access to its computer services with the possible massive exfiltration of personal data which correspond to mobile telephone line holders, 2,000 million records equivalent to 240 GB of data from subscribers to telephone lines in Spain, guarded by the CNMC.
The Public Prosecutor’s Office was opposed to the National Court being in charge of investigating the case, understanding that the CNMC, despite its important function, cannot be classified as a State institution for the purposes of article 65 1 a of the Organic Law of the Judiciary.
However, Judge María Tardón, once analyzing the doctrine of the Supreme Court, considers that the CNMC should be conceived as a high body of the nation. Tardón states that It is still “premature” to say what the intended purpose could be. by the author(s) of the CNMC hack, but states that “yes it is clearly objectified.”
The judge confirms that “we are faced with a massive cyberattack against an entity that, due to its incardination in the structure of the State and its essential function in the indicated terms, represents a serious and undoubted institutional impact, in an area so particularly sensitive and relevant for its normal functioning as well as the control of correct functioning, transparency and the existence of effective competition in all markets and productive sectors, for the benefit of consumers and users”.
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