Phisical space —public or private— may be inviolable (STC 92/2023, 11th September)

Authors

  • Cristina Zoco Zabala

DOI:

https://doi.org/10.18042/cepc/redc.132.10

Abstract

Technological advances have revealed new scenarios that affect various fundamental rights whose purpose and content must be assured. The guarantee of judicial authorization to enter an inviolable space reveals a risk for other rights that may be affected by those scenarios. This requires ensuring some aspects: the correct execution of technological research measures through judicial resolution, and strict control of the destination of the information obtained.
The invocation of injury of art. 18.1 CE prevents the Constitutional Court from considering other fundamental rights potentially affected by the scenarios described in the case. This exclusive invocation of art. 18.1 CE is not coincidental; It is induced by constant jurisprudence that conceives physical space as an instrumental guarantee of intimate or private life.
It is suggested that legislation be reviewed aimed at reinforcing the inviolability of physical spaces in new technological scenarios that allows or enables a reorientation of jurisprudence in new cases of violation of fundamental rights in physical environments.

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Published

2024-12-05

How to Cite

Zoco Zabala, C. . (2024). Phisical space —public or private— may be inviolable (STC 92/2023, 11th September). Revista Española De Derecho Constitucional, (132), 297–323. https://doi.org/10.18042/cepc/redc.132.10

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES