La utilización ilícita de datos de carácter personal por los partidos políticos

Zusammenfassung

The fact that information is the petroleum of the 21st century is a reality that admits no discussion nowadays. Political parties are not alien to it, given that they aim to be able to address citizens more directly (through much more efficient ways than the traditional post letters) and get to know with as much certainty as possible their opinions and political positions, with the objective of spreading customised publicity, especially during electoral periods, even via the use of perfect allies as Big Data and the Artificial Intelligence. We could consider all the foregoing utterly impossible to this day, with the existence of such a protectionist legislation as that provided by the 2016 Data Protection EU Regulation, nevertheless the reality is that the Spanish legislator introduced this possibility when transposing the European norm through the xx/2018 Data Protection Act/Law, developing also, the political parties powers in this context by reforming the LOREG. The new precept’s constitutionality was a matter of concern from the beginning among both citizens and specialists, which led to the lodge of a constitutional complaint by the Spanish ombudsman before the Constitutional Court. The debate is served.