Antecedentes penales, protección de datos y plataformas digitales

Abstract

The needs of the human being, the most basic, have been maintained despite the evolution of society, among them the search for security. This has been especially influenced by the emergence of a digital reality that develops through the internet, in which we interact with other people and acquire and use goods and services. However, the intangible, almost ethereal, character of this reality creates a greater sense of insecurity: we do not know with whom we hire or with whom we relate. In this context, it is of great importance to have information, in particular personal data that will provide us with certainties. In particular, in the context of services that are contracted online, but that are provided in person (Blablacar, Airbnb, etc.), access to data related to the criminal record of the provider, or even the user, can be of great relevance. This, however, clashes head-on with the current European and national protection of the data protection’s right.