Libertad informática y protección de datos: Desarrollo en la jurisprudencia del tribunal constitucional y tutela penal en el delito de descubrimiento y revelación de secretos

Abstract

This paper studies the doctrine of the Spanish Constitutional Court regarding freedom of information. The aim is to offer a critical analysis of the figures that protect this right in the field of criminal law. For this reason, the paper is divided into two parts: the first part presents the origin and evolution of this right, as well as its constitutional and doctrinal framework as a basis for the exhibition of its configuration carried out by the ultimate constitutional interpreter; once established the foundations of constitutional justice, the second part provides a comparative analytical study of the profiles designed by the Constitutional Court in relation to the precepts of the penal code in force, whose purpose is to safeguard freedom of information.