LA PUBLICIDAD REGISTRAL A LA LUZ DE LA NORMATIVA SOBRE PROTECCIÓN DE DATOS. EN ESPECIAL, LAS CUESTIONES JURÍDICAS QUE PLANTEA EL ACCESO TELEMÁTICO AL CONTENIDO DE LOS LIBROS DEL REGISTRO.

Abstract

This paper analyses the issues raised by the application of data protection legislation to registry disclosure. It gives the keys to the right to data protection, and the conclusions of legislative, jurisprudential and doctrinal analysis of registry disclosure, and so reaches a series of conclusions about each of the connecting points between registration legislation and the right to data protection. In the light of these conclusions, a particular analysis is conducted of the mechanism for direct on-line access set in place by the 2001 and 2005 reforms of the Mortgage Act and the legal problems it poses by stripping the property registrar, as the data controller, of the power to ensure that on-line registry disclosure complies with the adequacy and purpose rules that are part and parcel of the right to data protection. Some possible legal solutions are put forward on this point for reconciling registry disclosure and the right to privacy in this mode of access as well.