Privacy and intimacy guaranteed by the action of class

Abstract

The work analyzes the operability of Article 43 of the National Constitution, guaranteeing the privacy and intimacy of the inhabitants of Argentina, by means of the Class Action, pursuant to Case Halabi and sentence of the Supreme Court of Justice of the Nation with expansive effect of general scope. The victory of the privacy over the safety and the public order invoked by the State, was result of the declaration of unconstitutionality of the spy law Nº 25873, which provided the general intervention of all the telephonic communications and e-mails for Internet, recording them for 10 years, violating the right to the intimacy, allowing the information be used by the SIDE for a purpose other than the intended by the legislator, without judicial control guaranteed by the articles 18 and 19 of National Constitution and international treaties with constitutional status. The judgement imposed limits on state power and restored the freedom as a constitutional value.