Constitutional Court

THE RIGHT TO PROTECTION?N of data personal as a development of the right to privacy: challenges the view that connects automatically the control of personal data with the right to privacy, due to the intermediation of Spanish doctrine and legislation. We believe that the protection of personal data is a higher development of the right to privacy; Therefore, it has to be a necessary referent, but, as we have noted above, it also protects other rights, such as the honour and good reputation (commercial), according to the ruling of the Constitutional Court, previously reviewed. With respect to Informational self-determination, Leysser Leon, pointed out that it is not a right of the personality in Germany, but a component or realisation or subdivision of the general right of personality; in any case, is something that has real substance, according to the German constitutional jurisprudence, to the general right of personality. However, in the Charter of fundamental rights of the Union European, signed also by Germany and Italy, recognized the right to protection?N of the personal data 6, with which is embodied the pluralistic, not the theses and monist; and consequently, it is possible to admit the thesis of the informative autoderminacion, as a right of personality in Germany. 1 Constitutional procedural code: preliminary title: article VII-precedent: the Constitutional Court rulings that acquire the authority of res judicata constitutes binding precedent when thus expressed it the judgment, stating the end of its normative effect. When the Constitutional Court resolved departing from precedent, it must express the fundamentals of fact and of law that they sustain the judgment and the reasons for which deviates from the precedent. 2 By decision of head N? 021-2006-J-OCMA-PJ, the Office’s Control of the judiciary of the power Judicial, has arranged all the courts of the Republic to give effect to binding precedents indicated by the Constitutional Court on criteria of Kalinga in amparo, under functional responsibility demands.