Property Registry challenges in Data Protection and new technologies

Abstract

To define and protect real rights, as a via of efficient use of resources and of the agility and legal certainty in real estate and capital markets, the States face the challenge to incorporate new technologies. The ontology of Land Registry brings us the vector principles to contribute to the success of modernising land registry system. The certain and undefeseable identification of the real right entitlement, the content and limits of the right and the inmovable itself are still the unknown blanks to fill in. For this purpose, new technologies can and must be incorporated as a lever which will, furthermore, allow Land Registries to provide new services. This incorporation becomes the main challenge, due to the unlimited possibilities posed by new technologies and specially by AI. Along with this, the market itself is neither able to fill in those blanks, nor to assure that the State will recognise and guarantee any real right. It is what it is, the market itself can not provide juridical security. On the other hand, the handling of the data that new technologies allow, stresses the fundamental right to privacy whose protection is being attempted through the regulation of personal data protection. It is the State through the rule of law that, by means of the legal system and an institution ruled by an independent authority, can generate secure real rights that result in easily interchangeable assets in the market with full respect for the human rights of property and privacy.