The right to the protection of personal data and its reflection on the consent of the data subject

Abstract

The General Data Protection Regulation and the Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights have brought a new regulation to the field of data protection; giving, thus, compliance and effectiveness to the right to the protection of personal data, or right to informational self-determination, which content has been constantly evolving in order to face the constant technological advances. This evolution of the right to data protection will be minimal in the case law of the Court of Justice of the European Union and of the European Court of Human Rights, but not in the case of the Constitutional Court of Spain, which resolutions have developed the content of this right, with no stop, staying between the Anglo-Saxon and German doctrinal stream of this fundamental right. As part of the content of the right, in addition, we will have the consent of the data subject, which will be the key piece of data protection, but it is possible that we may find some weakness in the current data protection regulations as far as consent is concerned.