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FAQs - Data Protection
The protection of personal data: a fundamental right. Personal data are all those which refer to a physical person identified, from your name to any other that disclose information about their habits, preferences, lifestyle, etc.
TAGS: EU
The main legal instrument of the EU data protection directive 95/46/EC of the European Parliament and of the Council of 24 October 1995.
The European Court of Justice in Luxembourg has jurisdiction to establish whether a Member State has fulfilled its obligations under the data protection directive and to pronounce interlocutory character with respect to the validity and interpretation of the directive, in order to ensure its effective and uniform application in the Member States
In those countries that have their own legislation on protection that local legislation prevails, but there is a proposal for a regulation approved in 2012, approved by the European Commission which can be found at http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:52012PC0011
Article 11 of the European regulation on protection of data http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:52012PC0011 introduces the obligation for managers of treatment offer information transparent and easy access and understanding, inspired especially by the Madrid resolution on international standards on the protection of personal data and privacy
The responsible of the treatment should be given to the person concerned, including on the data retention period, the right to file a claim, in relation to international transfers and the source which comes from data as well as access to your personal information, the obligation to inform stakeholders about the period of conservation, rights of rectification and suppression and a claim as the right of the interested party to oblivion and delete.
The controller and the processor must take all appropriate steps to ensure the safety of the treatment of personal data, the obligation to notify personal data breaches, the obligation to carry out an assessment of the impact of data protection before treatment risky, the obligation of having a delegate of data protection in the public sector and in the private sector in the case of a large company.
Only personal data treatment will be lawful insofar as applicable in the following cases: (a) the data subject has given his consent to the treatment of your personal data to one or more specific purposes; (b) the treatment is necessary for the performance of a contract in which the person concerned is part or the implementation of precontractual measures taken at the request of the person concerned; (c) the treatment is necessary for compliance with a legal obligation to which the responsible of the treatment, is subject (d) the treatment is necessary to protect vital interests of the data subject; (e) the treatment is necessary for the fulfilment of a mission of public interest or in the exercise of public power conferred to the controller; (f) the treatment is necessary to the satisfaction of the legitimate interests pursued by the controller, always not prevail the interest or the rights and freedoms of the person requiring protection of personal data, in particular when the person concerned is a child. This shall not apply to the treatment by the public authorities in the exercise of their functions. 2. the treatment of the personal data that is necessary for historical, statistical or scientific research purposes shall be permissible subject to the conditions and guarantees laid down in article 83. 3. the legal basis of the treatment referred to in paragraph 1, letters c) and e), is to be set to: a) the right of the Union, or b) in the legislation of the Member State to which it is subject the responsible of the treatment. The legislation of the Member State must meet an objective of public interest or must be necessary to protect the rights and freedoms of third parties, respect the essence of the right to protection of personal data, and be proportionate to the legitimate aim pursued. 4 when the purpose of further processing is not compatible with that for which collected personal data, the treatment must have legal base in at least one of the grounds mentioned in paragraph 1, letters to) to e). This shall apply in particular to any change introduced in the terms of a contract. 5 the Commission is empowered to adopt delegated acts in accordance with the provisions of article 86, in order to specify the conditions referred to in paragraph 1, letter f), for different sectors and situations of processing of data, including the treatment of the personal data relating to children. Article 6 of the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)
When collected personal data relating to an applicant, the controller will enable you, at least the following information: (a) the identity and contact details of the person in charge of the treatment and, where appropriate, of the representative of the responsible for the treatment and data protection delegate; (b) the purposes of the treatment to which are intended for the personal data, including the terms and conditions of the contract when the treatment is based on article 6, paragraph 1, letter b), and the legitimate interest pursued by the controller when the treatment is based on article 6, paragraph 1, letter f); (c) the period during which will be retained personal data; (d) the existence of the right to request from the controller access to personal data relating to the person concerned, and its rectification or suppression, or oppose to the processing of such personal data; (e) the right to file a complaint with the supervisory authority and contact details; (f) the recipients or categories of recipients of the personal data; (g) where appropriate, the intention of the controller to make a transfer to a third country or international organisation, and the level of protection offered by the third country or international organization, with reference to a decision of the Commission adequacy; (h) any other information that is necessary to ensure a fair treatment of data with respect to the person concerned, taking account of the specific circumstances in which personal data are collected. 2. when personal data collected from the data subject, the controller will tell you, in addition to the information referred to in paragraph 1, if the provision of personal data is obligatory or voluntary, as well as the possible consequences that such data is not provided. 3. when personal data not collected from the data subject, the controller will tell you, in addition to the information referred to in paragraph 1, personal data come from what source. 4. the controller shall provide the information referred to in paragraphs 1, 2 and 3: (a) at the time that personal data be obtained from the person concerned; o (b) where not collected personal data of the person concerned, at the time of registration or within a reasonable time after the collection, because of the specific circumstances in which obtained or undergo treatment of otherwise or, if a communication to another recipient, and more is expected no later than the moment in which data are disclosed for the first time. 5. the provisions of paragraphs 1 to 4 shall not apply when: a) the data subject already has the information referred to in paragraphs 1, 2 and 3; o (b) data are not collected from the person concerned and the communication of such information is impossible or involves a disproportionate effort; o (c) data are not collected from the person concerned and the log or data communication is expressly prescribed by law; o (d) data are not collected from the person concerned and the communication of such information undermine the rights and freedoms of third parties, as provided for in the law of the Union or in the legislation of States members pursuant to article 21. (6. in the case referred to in paragraph 5, point (b)), the controller shall establish appropriate measures to protect the legitimate interests of the person concerned. 7 the Commission is empowered to adopt delegated acts in accordance with the provisions of article 86, in order to specify the criteria applicable to the categories of recipient referred to in paragraph 1, letter f); the obligation to report on the possibilities of access referred to in paragraph 1, letter g); the criteria applicable to the obtaining of necessary additional information referred to in paragraph 1, letter h), for certain sectors and situations; and the conditions and guarantees for the exceptions set out in paragraph 5, point (b)). To this end, the Commission shall adopt appropriate measures for micro, small and medium-sized enterprises. 8. the Commission may establish standardized forms provide the information indicated in paragraphs 1 to 3, taking into account the characteristics and specific needs of different sectors and situations of data if necessary. Such acts of execution shall be adopted in accordance with the procedure of review referred to in article 87, paragraph 2. Article 14 article 6 of the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)
1. the person concerned shall be entitled to the controller delete personal data concerning you and to refrain from giving more broadcast, especially with regard to the personal data supplied by the person concerned still child, when any of the following circumstances: (a) the data are no longer required in relation to the purposes for which they were collected or processed; ((b) the applicant withdraws the consent is based on the treatment in accordance with the provisions of article 6, paragraph 1, letter a), or authorized preservation period has expired and there is no other legal basis for the processing of the data; (c) the person concerned to oppose the processing of personal data pursuant to the provisions of article 19; (d) the processing of data is not in conformity with this regulation for other reasons. 2. when the responsible of the treatment referred to in paragraph 1 have been made public the personal data, it shall take all reasonable, including measures technical measures, with regard to the data whose publication is responsible, with a view to inform the third parties that they are trying to such data that an interested party asked that they remove any link to those personal data , or any copy or replica of such. When the controller authorized to publish personal data to a third party, you will be held responsible for that publication. 3. the responsible of the treatment will proceed to suppression without delay, except to the extent that the conservation of personal data is necessary: (a) for the exercise of the right to freedom of expression in accordance with the provisions of section 80; (b) on grounds of interest public in the field of public health in accordance with the provisions of article 81(1); (c) for the purpose of historical research, statistics and science in accordance with the provisions of article 83; (d) to comply with a legal obligation retain personal data imposed by the law of the Union or by the legislation of a Member State to which it is subject the responsible of the treatment; the laws of the Member States must pursue a public interest objective, respect the essence of the right to the protection of personal data, and be proportionate to the legitimate aim pursued; (e) in the cases referred to in paragraph 4. 4. instead of proceeding to excision, the controller will limit the processing of personal data when: to) the interested party contested their accuracy, for a period enabling the controller to verify the accuracy of data; (b) the controller no longer needs personal data to carry out their mission, but these must be retained for evidentiary purposes; (c) the processing is unlawful and the data subject opposes their suppression and instead request the limitation of its use; (d) the person concerned request the transmission of personal data to another system of treatment automated in accordance with the provisions of article 18, paragraph 2. 5. with the exception of its conservation, the personal data referred to in paragraph 4 only may be object of treatment for evidentiary purposes, or with the consent of the person concerned, with a view to the protection of the rights of another person or entity or in pursuit of an objective in the public interest. 6. where the processing of personal data is limited in accordance with the provisions of paragraph 4, the controller shall inform the interested party before lifting the limitation to the treatment. 7. the controller will implement mechanisms to ensure are respected the deadlines set for the deletion of personal data or for periodic review of the need to preserve the data. 8. when data have been deleted, the controller does not undergo such personal data any another form of treatment. 9. the Commission is empowered to adopt delegated acts in accordance with the provisions of article 86, in order to specify: (a) the criteria and requirements relating to the application of paragraph 1 in specific data processing sectors and situations; (b) the conditions for the removal of links, copies or replicas of data from communication services accessible to the public referred to in paragraph 2; (c) the criteria and conditions to limit the processing of personal data referred to in paragraph 4. Article 17 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)

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