Criminal records and social exclusion: A look at Spain, Europe and the European Court of Human Rights in the digital age

Abstract

In the digital age, the use of information as an intangible asset entails different consequences depending on its nature. Information regarding a person’s criminal record affects their right to respect for private and family life and its use has important effects on their social reintegration. This paper analyzes the role played by criminal records and the use of them in Spain, especially for access to employment; it studies how Europe has been legislating on the exchange of criminal records between Member States, creating the European Criminal Records Information System (ECRIS); and it tries to find out what is the standard that the European Court of Human Rights has settled regarding the conditions of storage and use of said information for the respect of the aforementioned right. All of the above will lead us to reflect on the purpose for which a person’s criminal record currently serves and whether or not this is in line with the idea of social reintegration.