WHAT IS SPECIFICALLY PROTECTED DATA?

This sort of records, commonly referred to as touchy records , belongs to a unique category of records, which because of its have an effect on on privateness requires more protection than other private facts.

This unique safety is justified via the fact that, due to the data to which this type of statistics refers, the incorrect remedy of the equal, in addition to negative the fundamental proper to facts protection, may want to harm other essential rights. bacobolts

They are regulated in article 7 of the LOPD, and are divided into 3 groups:

Those that reveal the ideology, union affiliation, faith and ideals of a herbal man or woman.

Those that talk over with racial starting place, fitness and sexual existence.

Those regarding the fee of crook or administrative offenses.

Processing of records related to ideology, union association, faith and beliefs

The epigraph 1 of article 7 of the LOPD remembers the mandate contained in article 16.2 of the Spanish Constitution , that no one may be compelled to claim about their ideology, faith or beliefs, adding that, whilst the consent of the interested party is acquired For its treatment, it ought to be warned approximately its proper not to provide it. This kind of facts requires the express and written consent of the affected birthday party for you to be processed and in the end transferred.

The need for explicit and written consent of the involved party is excepted within the treatment of files maintained with the aid of political parties, unions, church buildings, confessions or non secular groups and institutions, foundations and other non-earnings entities, whose cause is political, philosophical, spiritual or union, concerning the statistics related to its friends or individuals.

However, the switch of said facts will constantly require the prior consent of the affected birthday party.

Treatment of records associated with racial origin, health and sexual existence

This form of data is regulated in epigraph 3 of article 7 of the LOPD , and can simplest be accrued, processed and transferred while, for motives of general hobby, so provided with the aid of law or the affected party expressly is of the same opinion.

This type of statistics calls for, unlike the previous ones, an express consent of the affected man or woman if you want to be concern to treatment and its subsequent transfer.

Data related to crook or administrative offenses

This kind of records might also best be included in files of the in a position public administrations within the cases furnished for in the respective regulatory standards. They are regulated in phase 5 of article 7 of the LOPD .

The crook records are recorded within the Central Registry of Prisoners and Rebels , which depends on the Ministry of Justice, and the disciplinary complaints inside the subject of the in a position Administrations will rely on the activity in question.

Prohibition of certain documents

The epigraph 4 of article 7 of the LOPD establishes the absolute prohibition of the introduction of documents with the only cause of storing non-public facts that display the ideology, union association, faith, beliefs, racial or ethnic beginning, or sexual existence.

Health facts

Due to the significance of this type of records, it is vital to perform a more distinct analysis of them. As previously analyzed, this form of information falls within the class of particularly covered information, and can best be gathered, processed and transferred while for motives of wellknown interest so furnished by a Law or the affected birthday party expressly consents.

They may be defined as statistics concerning the past, present and future, physical and mental health of an man or woman. In unique, facts associated with people's health are those referring to their percent of disability and their genetic data.

However, article 7.6 of the LOPD establishes as an exception to this kind of consent, those remedies that are necessary for the prevention or scientific diagnosis, the provision of fitness care or scientific treatments or the control of health services, provided that stated treatment is carried out with the aid of a healthcare professional situation to professional secrecy or with the aid of another man or woman situation to an equal duty of secrecy.

This identical exception will follow while the processing of mainly included facts is vital to guard the critical interest of the affected character or another person, inside the event that the affected character is physically or legally incapable of giving such consent.

This condition derives from the logical incidence of the proper to lifestyles over the right to information safety. To conclude with this section, it's far handy to say Law 41/2002, of November 14 , regulating primary affected person autonomy and rights and obligations concerning facts and clinical documentation, which regulates in its articles 8 and 9, of the informed consent.