Pertenencia religiosa y protección de datosDoctrina y jurisprudencia

Abstract

In this study, what is intended to be carried out is an analysis of the evolution experienced from the legislative point of view -in administrative and judicial channels- of the conflicts raised in relation to the fundamental right to data protection and religious freedom, regarding the exercise of the right to cancel data held by religious confessions. In the first part, the interpretation of the file concept will be addressed, analyzing the judicial decisions issued regarding the Catholic Church and the cancellation of data from the baptismal books. Subsequently, a series of assumptions raised that revolve around Christian Jehovah's Witnesses will be analyzed, and the way in which the Spanish Data Protection Agency and jurisprudence consider that the regulations on privacy should be applied in specific cases.