GCJ approves the obligation to publish in the Official State Bulleting the personal data of who have been found guilty of crimes against public treasury

26.05.2015

Last Monday, on 11th May, a report of draft bill of the constitutional law has been approved by the casting vote of the President of the Judiciary. This draft imposes an obligation to publish in the Official State Bulletin, judgments containing the identifying personal data of people who have been convicted of crimes against the Public Treasury.

This publication, which might be recognized as against the protection of personal data, has been criticized by some people and supported by other ones. On the one hand, those who criticize it say that it affects the right of honor and personal data protection whereas on the other hand, the ones who support this idea (what is also the opinion of the President of the Judiciary) say that the general interest of society prevails over the individual right of honor and personal privacy of the people who have been founded guilty of financial or economic crimes against the public treasury.

The President of the Judiciary says that although these rights are recognized by the Constitution, it does not mean they are absolute, and that society’s interest is not more important than the protection of the privacy of the convict. The approval is also justified as regards to General Taxation Law, which, in the 2003 reform introduced “the possibility of publishing the identity of the people who have caused great damage to the public treasury” so it would not be coherent to publish personal data in the case of not complying with tax liabilities and not to do it the event of embezzlement of a big amount of money from the public treasury.

Another main reason why the President of the Judiciary supported the idea, is to make a reference to the Criminal Law in which some articles describe not just a maximum or minimum sentence but also give the possibility of asking for the publication of the judgement as one of the ways of repairing the damage caused by those who have been found guilty.

Obviously, it is necessary to observe how the personal data will be treated in the future because they are likely to come into conflict with the “right to forget” or the right to cancellation, recognized by the Court of Justice of the European Union; and to observe cases in which will be assessed to determine which is more important: the protection of the privacy of those who have committed a crime against the public treasury many years ago demanding "the right to forget” or the interest of society which needs not to forget the identity of those people.

Written by: Mar Ballester Dolz

Source: http://economia.elpais.com/economia/2015/05/11/actualidad/1431355926_101540.html

http://politica.elpais.com/politica/2015/05/16/actualidad/1431806474_192994.html

Image: Chris Potter, bajo licencia Creative Commons, CC BY 2.0



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