National Intelligence Center: limits arising from the fundamental right to the protection of personal data

Abstract

Intelligence activities are becoming increasingly important due to technological
development, reactivating the debate between privacy
and security. In Spain, the National Intelligence Center is the entity
responsible for providing the Government with the information required
to prevent and avoid attacks against National Security. For that, in
many cases, said Center needs to process personal data, causing an
impact in the fundamental right that protects them and demanding a
balancing test between the rights and interests at stake. However, National
Security has sometimes been used as a pretext for disproportionate
and abusive actions. In this regard, this article would examine
which are the regulations applicable to the processing of personal
data conducted by the National Intelligence Center, identifying their
potential specialties arising from their particular nature and sensitivity,
specifically the limits they impose to those processing activities in
order to protect citizens from abuses.