After several weeks of monitoring the BOE from early morning to see if they published the decrees to be covered by the Schemes and National Security Interoperability (essential, of course, to be able to comply to the provisions of the LAE) had hoped that, at the discretion of opportunity, to be published today as the end of the January 28 has been held for several years, the European Day of Data Protection. What a change of direction for the administrative marketing! But, no bureaucratic perspective and always ends burocratizante imposed ...
So instead of making an entry on this subject I would transcribe an article I published today in the newspaper La Opinion, which incorporates some reflections on the protection of personal data.
Internet and data protection
Today January 28 marks the European Day of Data Protection, "sponsored by the Council of Europe, the European Commission and data protection authorities of member countries of the Union Europe with the main objective to promote awareness of the rights to privacy and data protection among citizens. At the present stage of evolution of technology, ten years after the adoption of Law 15/1999, the effectiveness of this fundamental right is facing a challenge of enormous importance, primarily as a result of widespread Internet use all areas that have taken place in recent years, so it is necessary to carry out relevant adjustments in the legal approach that has traditionally been based guarantee this right.
On the one hand, legal protection has traditionally been set from the identification of the person has to give way to more complex concepts such as anonymity "Reversible", taking into account in any case the security requirements and other requirements relating to public interest. Otherwise, the essential power of consent has to adapt to an environment where there is unconscious flow of information, so that general principles such as the legitimacy and proportionality in the treatment of personal information they acquire greater relevance must be stated. Also, the role of intermediary service providers can not be compared without further treatment as mere managers, as evidenced by the current problems with file sharing and intellectual property.
Moreover, the provision of information Personal Internet-especially by public authorities and social networks-is a hitherto unknown phenomenon both qualitatively and quantitatively, so it is essential to reconfigure the relationship with other rights and fundamental freedoms such as freedom of expression case of blogs-the secrecy of communications "with the enormous possibilities of data encryption, or even public interest in the dissemination of administrative information, message boards, official newspapers ... - Given the higher potential of networks Telematics eGovernment is seen today only primarily from automated exchange of information and the use of electronic signatures, in particular electronic ID, "demands that pose a greater flow of personal information and its potential concentration in the hands of a few administrative authorities. Ultimately, the global Internet requires us to consider the implications of such a configuration presents both for determining the applicable law and the jurisdiction, including the national supervisory authorities on data protection.
In short, as a result of the aforementioned uniqueness implications posed by technology and its impact on traditional profiles of this right, it is necessary to articulate a policy framework, overcoming the aforementioned shortcomings typical of a regulatory model as outdated, can cope more effectively with the challenges of the legal position of citizens who ultimately, are the persons entitled to the protection of personal data.
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