Political Parties and data protection in electoral campaigns: tensions and conflicts in the Spanish legal system

Abstract

The fast development and use of new information and communication technologies (especially, the Internet) has changed traditional ways and tools of electoral propaganda and information of political parties and candidates in electoral campaigns. The use of new technologies in electoral campaigns carried out by political parties raises serious conflicts with voters personal data safeguards (especially when using citizens personal data to send them political messages through emails, mobile phone messages, voice messages, automated phone calls, etc.). This research is focused on answering key issues as how to make data protection right compatible with direct and personalized campaign or how to avoid that technological development breaches the main principles of the right to data protection in the electoral process.