The Constitutional Court declares political parties’ collection of citizens’ data regarding their political opinions unconstitutional

In a briefing note published last wednesday, the Plenary of the Constitutional Court has advanced a ruling that Article 58 Bis 1 of the  Law 5/1985, of 19 June, of the General Electoral System (LOREG), incorporated by the Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, is contrary to the Constitution and void.

This controversial legal precedent states that the collection of personal data related to the political opinions of the persons carried out by political parties in the framework of their electoral activities will be based on the public interest only when adequate guarantees are offered.

The ruling, which was unanimously approved and in which Cándido Conde Pumpido was the reporting judge, responds to appeal No. 1405-2019 presented by the Ombudsman on March 5, 2019, regarding the claim that the aforementioned article of the LOREG violates the right to ideological freedom and the protection of personal data, the right to freedom of expression and the right of political participation.

The Constitutional Court will make the ruling public in the coming days.