Informatic Liberty and Data Protection: Developments in the Decisions of the Constitutional Court and in the Understanding of the Criminal Law Provision Concerning the Protection of Privacy

Authors

  • María Isabel Montserrat Sánchez-Escribano

DOI:

https://doi.org/10.18042/cepc/aijc.19.12

Keywords:

Freedom of information, informational self-determination, information privacy, privacy offences, discovery and revelation of secrets

Abstract

This paper studies the doctrine of the Spanish Constitutional Court regarding freedom of information. The aim is to offer a critical analysis of the figures that protect this right in the field of criminal law. For this reason, the paper is divided into two parts: the first part presents the origin and evolution of this right, as well as its constitutional and doctrinal framework as a basis for the exhibition of its configuration carried out by the ultimate constitutional interpreter; once established the foundations of constitutional justice, the second part provides a comparative analytical study of the profiles designed by the Constitutional Court in relation to the precepts of the penal code in force, whose purpose is to safeguard freedom of information. 

Issue

Section

STUDIES