In November, Spain approved a controversial data protection law to facilitate compliance with Spanish law to the EU General Data Protection Regulation. Although the Spanish law aimed to provide clarity to the implementation of GDPR principles, its text and potential real-world application have caused concern that it is deviating from the GDPR’s intended effect. In this article for The Privacy Advisor, Santa Clara University’s Cyrus Borhani, CIPP/US, and Justin Banda report on this discrepancy, finding that the exception may have far-reaching implications in Spain’s constitutional right to data protection, as well as for the EU as a whole.
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