Agencia española de protección de datos

Development of codes Type

Purpose and Nature

Codes kind, or codes of ethics or conduct, are an instrument of what is called the self-regulation, i.e. the ability of organizations and entities for regulated themselves. In the field of the protection of personal data that capacity is aimed at the adoption of specific rules or standards designed to harmonize processing by those who adhere to the code type or promote it and to facilitate the exercise of the rights of those affected and regulatory compliance.

In article 32 of the organic law of 13 december, of protection of personal data (LOPD) provides that:

"sectoral agreements, Through administrative conventions or decisions of company, those responsible for treatment of public and private ownership as well as the organizations in grouping may make, type codes create conditions of organisation, operating scheme applicable, procedures, safety standards of the environment, programmes or equipment, obligations of those involved in the processing and use of personal information, as well as guarantees, in their field on the exercise of the rights of persons with full respect for the principles and provisions of this law and its implementing rules."

Type codes are aimed at making established in the act and its development Regulation, approved by royal decree no. 1720 / 2007 of 21 december (RLOPD), to the particularities of processing operations carried out by those who adhere to them, and may contain or not detailed operational rules of each system particular and technical standards of application. If such rules or standards are not incorporated directly to the code, the directions shall respect the established the principles set out in the certificate.

Are key features of type codes resulting from their nature, the voluntary nature of accession and the linking of its content.

For that codes type can be regarded as such for the purposes of the LOPD must be deposited and registered in the General data protection the spanish agency of data protection, without prejudice to their registration, where appropriate, in the registers that were created by the autonomous communities, in accordance with paragraph 2 of article 41 of the LOPD.

The Spanish Agency of data protection would publicize the registered type codes, preferably via computerised means or telephone. Its content on the website of the agency

- Type codes entered in the register General data protection