Circular on transfer of data of a personal nature and exercise of the rights of rectification and cancellation
In order to give effect to what sets the LO 15/1999, of 13 December, of protection of Personal data, regarding transfer of data and the exercise of rights of rectification and cancellation, is considered necessary to remember and clarify basic aspects referred to in the above standard, as well as to establish the procedure to be followed.
1. WHAT ARE PERSONAL DATA
Personal data are any information relating to natural persons identified or identifiable information that could be numerical, alphabetical, graphic, photographic, acoustic or any other type.
2. WHAT IS ASSIGNMENT OF STAFF AND DATA REQUIREMENT FOR DATA COMMUNICATION
Transfer or communication of data means any disclosure of personal information to a person, physical or legal, other than the affected.
As a general principle, the transfer or communication of data requires the consent of the affected. However, be would not require consent when the data communication occurs between the units of a body or public entity, that would have previously sought them for the performance of their duties, when the assignment is to other public administrations for the exercise of powers which are not different or versin on different matters and in other cases where provisions of the organic law referenced in article 11.2.
The transfer of especially protected data revealing the ideology, religion, beliefs, racial origin or sexual life only may be communicated with the express consent of the affected.
3. RIGHTS OF RECTIFICATION AND CANCELLATION
If the personal data are inaccurate or incomplete, inadequate or excessive, the affected Party may request of the responsible for the file the rectification or, where appropriate, the cancellation of the same. Deletion of data may also request in the case of revocation of the consent previously granted, if this is appropriate.
Requests for rectification shall indicate data that is wrong, and the correction to be performed, must be accompanied by supporting documentation of the requested correction, unless it depends only on the consent of the affected.
Cancellation requests, the applicant must state if you revoke the consent granted, in cases that the revocation is appropriate, or whether a fact wrong or inaccurate, in which case you must include supporting documentation. The cancellation will not proceed when it could cause a prejudice legitimate interests of the person concerned or third parties or when there is an obligation to keep the data.
4. PROCEDURE TO BE FOLLOWED BEFORE REQUESTS FOR TRANSFER OR COMMUNICATION OF DATA AND FOR THE EXERCISE OF THE RIGHTS OF RECTIFICATION AND CANCELLATION
In order that the origin can be scanned or not a transfer or communication of data and, where appropriate, of a rectification or cancellation of personal data in a particular file, all requests should be directed to the legal service of this University, according to the model laid down for that purpose.
Informed by the legal service request, the Manager of the University shall render the resolution that is appropriate.
If it's data transfer requests, resolved favorably, management shall communicate the decision to the applicant and, at the same time, shall transmit copies of the resolution to responsible Manager recalled specifically that the data transferred only may ser used for the purposes for which it had requested and, in addition, compliance with data protection legislation.
In cases of transfer of data requests, resolved unfavourably management shall make written to petitioners communicating the resolution adopted.
In cases of requests for rectification or cancellation, resolved favorably, management shall communicate the decision to the applicant and transmit to makers of the treatments of the possible affected files issued Act, so that, within the prescriptive time limits, to proceed accordingly. Makers of the treatments, once corrected or cancelled the data, shall communicate it to management immediately to their proper knowledge.
Requests for rectification or cancellation, resolved adversely, will be notified by management to stakeholders.
Alicante, 10 January 2003.
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