Privacy Rights/History/Country sources/Spain - Revision history

RightspediaAdmin at 16:55, 8 August 2024

2024-08-08T16:55:35Z

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	\|questionHeading=What is the oldest written source in this country that mentions this right?		\|questionHeading=What is the oldest written source in this country that mentions this right?
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	\|~~breakout~~=Spain		\|contents=Spain drafted a democratic constitution in 1869. This constitution gives specific privacy rights to Spaniards. In Article 5, it states “No [person] may enter the domicile of a Spaniard, or foreign resident of Spain, without their consent, except in urgent cases of fire, flooding or other analogous danger, or of illegitimate aggression proceeding from within, or to assist a person who is requesting help” (Constitution of 1869). It goes on to list more circumstances where authorities may enter the domicile and the process of obtaining a warrant to search. Article 7 states “In no case may the correspondence confided to the mail be intercepted [detenerse] or opened by the governmental authority, nor may telegraphs be intercepted” (Constitution of 1869). Similarly, it goes on to outline how judges must obtain warrants to read a person’s mail or telegraphs. Spains current Constitution lays out the right to privacy in Article 18 of its constitution, which includes 4 clauses. “1. The right to honour, to personal and family privacy and to the own image is guaranteed. 2. The home is inviolable. No entry or search may be made without the consent of the householder or a legal warrant, except in cases of flagrante delicto. 3. Secrecy of communications is guaranteed, particularly regarding postal, telegraphic and telephonic communications, except in the event of a court order. 4. The law shall restrict the use of data processing in order to guarantee the honour and personal and family privacy of citizens and the full exercise of their rights.” (The Spanish Constitution, 1978). Spain is also a member of the EU, meaning the GDPR is applicable to them. The Spanish Constitution already contains a clause about data protection, and the right to privacy in communications.
	~~\|contents=The~~ [[~~Probable year:: 1978~~]~~] Spanish~~ Constitution ~~was~~ the ~~first~~ to ~~present~~ privacy ~~rights~~ in ~~Spain~~. ~~Section 19(1) protects “the~~ right to honour, to personal and family privacy and to the own image~~,” while 19(~~2~~) protects~~ the ~~home~~, and ~~19(~~4~~) explicitly grants~~ data privacy (~~Constitute Project~~, ~~“Spain [[Probable year::~~ 1978~~]] rev~~. ~~[[Probable year:: 2011]]” )~~.

	~~https~~:~~//constituteproject.org/constitution/Spain_[[Probable year:: 2011]]? lang=en~~		References:

			General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/.

			The Spanish Constitution. “Chapter II: Rights and Liberties.” HeinOnline, 2011. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzes0098&id=9&men_tab=srchresults.
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Import-sysop: transformed

2022-12-28T22:12:32Z

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	\|breakout=Spain		\|breakout=Spain
	\|contents=The [[Probable year::1978]] Spanish Constitution was the first to present privacy rights in Spain. Section 19(1) protects “the right to honour, to personal and family privacy and to the own image,” while 19(2) protects the home, and 19(4) explicitly grants data privacy (Constitute Project, “Spain [[Probable year::1978]] rev. [[Probable year::2011]]” ).		\|contents=The [[Probable year:: 1978]] Spanish Constitution was the first to present privacy rights in Spain. Section 19(1) protects “the right to honour, to personal and family privacy and to the own image,” while 19(2) protects the home, and 19(4) explicitly grants data privacy (Constitute Project, “Spain [[Probable year:: 1978]] rev. [[Probable year:: 2011]]” ).

	https://constituteproject.org/constitution/Spain_[[Probable year::2011]]? lang=en		https://constituteproject.org/constitution/Spain_[[Probable year:: 2011]]? lang=en


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Import-sysop: transformed

2022-11-25T19:54:59Z

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New page

{{Right section
|right=Privacy Rights
|section=History
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|pageLevel=Breakout
|breakout=Spain
|contents=The [[Probable year::1978]] Spanish Constitution was the first to present privacy rights in Spain. Section 19(1) protects “the right to honour, to personal and family privacy and to the own image,” while 19(2) protects the home, and 19(4) explicitly grants data privacy (Constitute Project, “Spain [[Probable year::1978]] rev. [[Probable year::2011]]” ).

https://constituteproject.org/constitution/Spain_[[Probable year::2011]]? lang=en

}}