Data protection and land registration: so much, so much

Abstract

This study aims to compare mortgage law and personal data protection law (of their concepts and principles). A substantive positive regulation is needed to enable a profound and effective coordination between them. It should regulate the forms of publicity and the types of data to be published, so as not to infringe European regulations.

 The Land Registry should combine its social function of publicising real estate with the protection of personal data, bearing in mind new technologies (big data, artificial intelligence).

 Although many personal data (sex, capacity) are not strictly necessary for the publicity of third parties, they are useful for the prior work of registry qualification. The grounds for justifying the processing of these data are the consent of the data subject and the fulfilment of a public interest mission by the Registry.

The most frequent forms of publicity (simple note and registry certification) are carried out by electronic means (institutional website, e-mail) and require interoperability between public offices (registers, notaries, courts, public administration).

The applicant for registry information needs a legitimate, direct and patrimonial interest of the applicant. These issues can be extended to other registers (Mercantile, Movable Property, Civil, etc.) and also lead to conflicts between private individuals.

 In short, a balance between legal certainty in real estate and the privacy of personal data subjects is highly desirable.