The unconstitutional enabling of political parties to collect data about political opinions

Comentario a la STC 76/2019, de 22 de mayo

Authors

  • Daniel Jove Villares Universidad de A Coruña

DOI:

https://doi.org/10.18042/cepc/redc.121.10

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.

Published

2021-04-28

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES