test
Search publications, data, projects and authors

Other

Spanish

ID: <

10670/1.7yp9pl

>

Where these data come from
The unconstitutional empowerment of political parties to collect data on political opinions: Commentary on STC 76/2019 of 22 May

Abstract

On 22 May 2019, the Constitutional Court declared unconstitutional Article 58 bis (1). This provision, incorporated into Organic Law 5/1985, of 19, June on the General Electoral System by Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights was appealed by the Ombudsman. The unconstitutionality of article 58 bis is based on a triple violation of the right to data protection in connection with article 53.1 of the Constitution: the absence of a defined purpose that justifies interference in the right to data protection, the lack of clear limits and the legislator’s failure to regulate an adequate framework of guarantees.

Your Feedback

Please give us your feedback and help us make GoTriple better.
Fill in our satisfaction questionnaire and tell us what you like about GoTriple!