La protección de los datos de carácter personal en el horizonte de 2010

Abstract

Ten years after the promulgation of the Spanish Data Protection Act, there is been a remarkable progress in terms of statutory and institutional aspects. First of all, personal data protection has been recognized as a fundamental right and also it has been established the authorities to implement it. However, it remains some difficulties from the past and appeared other new ones. Among others, we have to be in mind the tendency to make relative the scope of the right by means of changes in the legislation to reduce the level of protection, or through practices that comes to reduce to a lower demand in the fulfillment of the law. Moreover, as a consequence of the technological progress the risks remain and become worse. So it is necessary to bear in mind its essential content and, particularly, the faculties of individual self-determination. At the same time, without to give up the encouragement of the respect of the law, it is necessary to emphasize the responsibility to the ones that treat personal data, in particular the public institutions and the importance of the fullest compliance with current legislation.