Abstract

AGUADO RENEDO, César. Protection of Personal Data and the Spanish Constitutional Court. Cuest. Const. [online]. 2010, n.23, pp.3-25. ISSN 1405-9193.

The paper presents the doctrine of the Spanish Constitutional Court on the protection of personal data, following a criterion both chronological and substantive. Try, first, its "invention" as a fundamental right by that Court, since the Spanish Constitution does not explicitly and, later, its regulation, with references to international law, in particular European law, which are indispensable for understanding his "generation" by the higher interpreter of the Constitution, referring to the two main instruments in practice to ensure the protection of personal data. Under current regulations at all times, the paper shows the individual appeals for protection settled by the Constitutional Court until the date of drafting of the paper, noting the biggest constraint in the last decisions of the Tribunal in relation to claims received for that reason.

Keywords : Personal Data; Habeas Data; Fundamental Right; Spanish Constitutional Court; Individual Appeal for Protection; Apostasy.