A New Chapter in Guaranteeing the Right to data Protection: Political Content Data Comment to Decision of the Constitutional Court 76/2019, of May 29, concerning the issue of unconstitutionality number 1405-2019 (B.O.E. num. 151, of June 25, 2019)
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Abstract
The Constitutional Court upholds the appeal filed by the Ombudsman against Article 58 bis of Organic Law 5/1985, of June 19, on the General Electoral System, that allowed political parties, in the exercise of their electoral activities, to treat opinions and political data disseminated by individuals on the internet. The ruling is based on the triple infringement of the right to protection of personal data, in relation to the special category of political content data, which is (i) the failure to specify the public purpose that justifies the interference in the right, (ii) not having established the limitations of this treatment and (iii) not having regulated the adequate guarantees for its exercise. Therefore, the whole of section 1 of the aforementioned precept is annulled.
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