Revisión sistemática de la jurisprudencia española sobre ciberseguridad y privacidad (1995-2020) Articles uri icon

publication date

  • October 2021

start page

  • 144

end page

  • 190

issue

  • 24

volume

  • VI

International Standard Serial Number (ISSN)

  • 2444-5762

abstract

  • With the explosion of information and communication technologies and the increase of connectivity, a plethora of offences have been identified such as grooming, personal data protection or impersonation, to name a few. Nevertheless, the relevance of this matter in Spanish courts has not been assessed. To overcome this limitation, in this paper we carry out a systematic analysis on 117 resolutions from 1995 to date. All of them belong to the Spanish Higher Courts, namely the Supreme Court and the Constitutional Court. This is particularly relevant as their resolutions can set a precedent that has to be observed by lower courts. Our analysis shows the legal issues that are more often at stake as well as the trends in terms of legal doctrines and punishments.

keywords

  • cybersecurity; citizens privacy; data security; citizens authentication; spain; resolution; higher courts