Courts, Privacy and Data Protection in the Digital Environment
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Courts, Privacy and Data Protection in the Digital Environment

Edited by Maja Brkan and Evangelia Psychogiopoulou

Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?
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Chapter 11: Courts, privacy and data protection in Spain: Experiencing data protection’s dominance

Gloria González Fuster

Abstract

The role of Spanish courts in the safeguarding of online privacy and personal data protection is profoundly marked by the framing of these rights in the Spanish Constitution. This chapter introduces such constitutional construction, describes the key issues and trends in related case law, and traces the main litigation patterns on privacy and data protection in Spain. Doing so, it shows how the early recognition of the right to personal data protection as an autonomous fundamental right has played a crucial role in the online protection of individuals’ rights and freedoms in Spain, and how it has also facilitated and encouraged an influential judicial dialogue between Spanish courts and the Court of Justice of the European Union (CJEU). Keywords: privacy, personal data protection, courts, constitutional rights, litigation, autonomous right.

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