Centro Nacional de Inteligencia, datos personales y proceso penal: un trinomio imperfecto

Abstract

The National Intelligence Centre has access to more and more citizens' personal data. At the same time, the files owned by the National Intelligence Center are expressly excluded from the scope of application of personal data protection regulations. The possible confluence of intelligence investigations and police investigations, through the flow of data from the former to the latter, poses a threat to procedural rights. The only way to put an end to this threat is to regulate this transfer, establishing the appropriate limitations and the consequences derived from the incorporation of data from the CNI into a future criminal process.