Saturday, November 19, 2011

The TC includes data stored on a computer in the privacy

The Constitutional Court has established, in the first statement given on the right to privacy related to new technologies, data is stored on a computer, as well as revealed in social networks , file downloads on the Internet and Internet shopping are part of the field personnel to be "constitutionally protected."

This is highlighted in a statement on Friday reported that the Second Chamber of the Court of guarantees denied, however, the protection requested by a convicted pedophile in possession of your personal computer. In this case, the high court considers the seriousness of the crime investigated by the police prevailed on the fact that analyze the laptop without a warrant.

On the merits, the Constitutional Court considers that if there is no doubt that personal data relating to a person individually considered are within the scope of privacy "constitutionally protected," there can be no doubt as to the "wealth of information that is stored by the owner on your personal computer. "

To Eugeni Gay judges, Ramon Rodriguez Arribas, Francisco Hernando Santiago, Elisa Vela and Luis Ignacio PĂ©rez Ortega, when a person travels over the Internet, participate in forums or social networking discussions, download files or make e-commerce transactions is revealing information about of his personality that can "affect the deepest core of his privacy."

This data can be considered "light" or "irrelevant" if considered in isolation, however, when analyzed as a whole, "once mixed properly," no doubt "set all highly descriptive profile of the personality of the owner , which must be protected against interference by third parties or public authorities, as regards, in short, the same peculiarity or individuality of the person. "


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