Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The objective of this text is to analyze the SUP-RAP-37/201-3 precedent, as well as having an influence on the promotion of the right to informative self-determination on the electoral ID. This right has its origins in the Superior Chamber of the Electoral Judicial Court resolution which rejected the agreement CG/732/2012 presented by the Federal Electoral Institute (IFE). Such decision forced the administrative electoral authority to per-form the weighing method through a balancing test between the “right to privacy of the individual versus the guiding principles of the electoral function”. The text is divided into four stages: contextualization of the concrete case, analysis of quantitative data, social exercise, and conclusion.

This article explains three possible answers to the following research question: why is some personal information considered as sensitive personal data? This paper aims to contribute to the critical review of the concept of “sensitive personal data” or “special data categories”. It highlights some of the problems implied in the construction and interpretation of its legal definition, considering various international data protection laws. In particular, this text analyzes the following three approaches: 1) the conception of the intrinsically sensitive nature of personal data; 2) the approach of the sensitive character according to its context of processing; and 3) the thesis that considers the purpose of data processing.

The warranted right at the 6th article of the Mexican Political Constitution is the instrument that allows subjects to search and obtain information held by authorities and opens the way for materializing other rights. The article introduces the reader into a legal context that starts from the right to information, transits the right to communication in its legal form called freedom of expression, and ends with the right to reply and to protest. The case that was socially known as Telecom Law is analyzed on how it allowed going from a state of governability to a state of media-governance, spreading from the concept of Mexican citizen to world citizen.

The right to information is a useful human right for the demand of other rights and for participation in public space; however, public information is not available equally for all people due to barriers as digital, literacy, schooling, underprivileged economic situation, gender, language and/or ethnicity. While right to information promotion policies have been based on dissemination on mass media and projects with a “user training” approach, which do not necessarily consider the development of capabilities of people nor reduce barriers to access and use of public information, especially in vulnerable sectors. The aim of this article is to propose the use of the capabilities approach in public policies to promote the right to information, so that people can use public information as an indispensable tool for the capability to control their political environment. To do this, an analytical model of capabilities for access and use of public information is developed and applied in a case study of “Transparencia proactiva”, a program by Article 19 Mexico and Central America which promotes right to information in rural and mostly indigenous communities in the northern jungle of Chiapas, Mexico, in order to identify strategies focused on developing capabilities for access and use of public information. Based on this, some public policy recommendations are offered, from the capabilities approach to improve public policies to promote right to information in vulnerable people.

The protection of personal data in the Mexican political-electoral field is based on a broad legal regime, which guarantees the registration of citizens as voters and their right to participate as a candidate; promotes their individual freedom and willingness to join a political party, as well as providing their citizen support to those who aspire to be independent candidates; however, it also establishes prohibitions and sanctions for the illegal dispersion of the electoral roll. This text sets out the scope and limits of Mexican legislation and jurisprudence issued by the Electoral Tribunal of the Judicial Branch of the Federation, as well as the experiences derived from empirical cases, establishing that the protection of personal data in political-electoral matters in Mexico has different degrees of protection.

This article is relevant because sometimes the State violates people’s privacy and their intimacy due to personal data excessive accumulation from their public security institutions; such is the case of a citizen whose personal data were registered in a database called Mexico Platform. This affected him in his personal and professional life by preventing him from accessing a job. The citizen asked the Executive Secretariat of the National Public Security System to remove his personal data from that database, his request was denied. The person exercised his right and resorted to the former Federal Institute of Access to Public Information, file: RPD 0507/14. Some of the main contributions of the article are: personal data may be violated if the authority is not careful enough; the accumulation of information through the use of technology may carry the risk of privacy violations unless proper management exists; it is necessary to protect the rights of people, whether the right to privacy and/or access to information and at the same time allow their use to be proportional to the public interest of making the information public.

New information and communication technologies and, specifically, social networks, generate a direct impact in the development of the personality of the World’s population. Until June of the last year, the social network Facebook had two billion users, something that highlights the importance of protecting our personal data in these digital platforms. However, what happens with our digital identities after our death? The aim of these report is to present the national and European panorama on this matter, dealing mainly with the Catalonian law on digital wills in the case of death or disability (Law 10/2017, June 27th) as well as other legal developments in European countries such as France (Law num. 2016-1321 7th October 2016 for a Digital Republic) and Germany (sentence 31 st Mat 2017 of Kammergericht, Berlin), which may serve as a reference for the study of this issue in Spain. Simultaneously, the repercussion that the digital content of a deceased person in the personal rights of alive people will be assessed.