El intento (frustrado) de legitimación del tratamiento de datos sensibles con fines políticos

Abstract

Personal data is, nowadays, a strategic asset and of great value, coveted for the vast possibilities that offers, either by its sale or its treatment, that, however, maybe because of that, is subject of an exhaustive protection, both at the European and Spanish national level. That guardianship is even stronger, if possible, in case of sensible data, as it is the political opinion, which can only be required and processed by virtue of exclusively very few listed grounds. Nevertheless, the Spanish legislator introduced the possibility of its use by political parties when transposing the European norm through the 3/2018 Data Protection Act/Law, developing also, their powers in this context by reforming the Law on the General Electoral Regime (OLGER). The new precept’s constitutionality was a matter of concern from the beginning among both citizens and specialists, which has been resolved by the national Constitutional Court.