Data protection and profiling: the new article 58 bis of the Organic Law 5/1985 of 19 June, on the General Electoral System

Abstract

The new Organic Law 3/2018, of December 5, has introduced a new article: Article 58 bis, on the use of technological means and personal data in electoral sphere. This new precept could enable the elaboration of ideological profiles of the citizenry from their personal data, for electoral purposes, which would allow the political parties to make personalized electoral propaganda. A provision that may not be in accordance with the European Union data protection regulations, especially with the EU General Data Protection Regulation of 2016, or with the case law of the ECHR, CJEU or Constitutional Court of Spain, and whose constitutionality was resolved by judgment 76/2019, from May 22.

Keywords:

data protection, profiling, GDPR, OLGES, CJEU, Constitutional Court of Spain