From Territorial Privacy to Information Privacy: Privacy Protection in the Constitution

  • Juan José López Ortega Universidad Carlos III de Madrid
  • Juan Manuel Alcoceba Gil Universidad Carlos III de Madrid
Keywords: criminal procedure, basic rights, privacy, article 18 from spanish constitution, procedural guarantees, big data, lf-determination and the right to be informed, anonymity

Abstract

Privacy is probably the basic right which is the most affected by current criminal procedure. However, the changeable nature of its content, only established by its related historic and social background, turns its protection into a difficult matter. Therefore, in order to protect this legal being we need to plan certain guarantees so as to cover all areas in which abstract laws tend to convey. Thus, from the dawn of Modern Law to current date, the way privacy has been studied by law has evolved and added several dimensions to its nature, which also requires specific protection guarantees on and off the legal system. Such requirements become clearer with the new high tech era.

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Published
2020-09-22
How to Cite
López Ortega J. J. y Alcoceba Gil J. M. (2020). From Territorial Privacy to Information Privacy: Privacy Protection in the Constitution. FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época, 22(1), 87-99. https://doi.org/10.5209/foro.66635