Agencia española de protección de datos

Data retention

The treatment of personal data is governed among other principles by the quality of data that are set out in article 4 of the LOPD.

On the principle of quality includes the minimum retention of data of a personal nature, to be paid when they have no longer necessary or relevant to the purpose for which they were collected or recorded. However, article 8.6 of the regulation implementing the LOPD admits that it may retain the data during the time required some form of liability or a legal obligation or performance of a contract or the implementation of precontractual measures requested by the person concerned. For that resulted in the cancellation must be produced by blocking of data, which will only be available to the Public administration, judges and Courts, for the attention of the above-mentioned responsibilities, according to article 16.3 the LOPD.

Completed this period the data shall be destroyed. They will only be preserved if previously disjoined or exceptionally, values the historical, statistical or scientific agree with the specific legislation, one decides the Full maintenance certain data.

Article 9.2 of the regulation implementing the LOPD stipulates that, by way of exception to the principle of minimum, the spanish Agency data protection or, where appropriate, the supervisory authorities of the autonomous regions may, on request of the controller and pursuant to the procedure laid down in articles 157 and 158 agree on the Full maintenance of certain data, the historical values statistical or scientific purposes, in accordance with standards referred to in the previous subparagraph, i.e. the legislation applicable in each case and, in particular, to the provisions of the act 12 / 1989 of 9 may, regulating Public Statistical Function, the law 16 / 1985, of 25 june, Spanish Historic heritage and the law 14 / 2011 of 1 june, science, technology and innovation and their respective provisions of development, as well as to the autonomous legislation in these matters.

The procedure to be followed for the authorisation of data retention for historical, statistical or scientific purposes laid down in articles 157 and 158 of the. Begins RLOPD provided at the request of the responsible, whose application shall:

  • Identify the processing of data to which is intended to apply the conservation

  • Expressly motivate the causes that would justify authorization.

  • Elaborate on the measures that the file responsible proposes to introduce to ensure the right of citizens.

  • Present any documents and evidence required to justify the existence of historical values, statistical or scientific use.

Within 3 months shall be made and notify the resolution adopted by the Director of the agency, thereafter without that it had proceeded responsible the estimated may consider your request.