Agencia española de protección de datos

Nature of files

LOPD distinguishes between the files public and private ownership. private files, under article 5.1.l) of RLOPD, those "for which they are responsible individuals, businesses or bodies governed by private law, irrespective of who has title of capital or provenance of their economic resources, as well as the files for which it is responsible corporations. public law, as these files are not strictly linked to the exercise of powers of public law to the same attributes their specific legislation."

The LOPD stipulates that may be privately owned files containing personal data when necessary for the achievement of the activity or legitimate object of the person, undertaking or entity and respect the guarantees that the law provides for the protection of individuals.

Article 5.1.m) of the files RLOPD defines public and those "for which it is responsible constitutional bodies or with constitutional significance of the state, the autonomous institutions with similar functions at the same, public administrations territorial, as well as entities or bodies affiliated or dependent the same and corporations of public law provided that it is intended to the exercise of public power."

Determining the public ownership of the files raises no difficulties when we refer to organs of public administrations, constitutional bodies or constitutional significance, but when it comes to public law corporations or entities providing services both the exercise of powers public and private interests should identify files of which could be responsible are of either their correct title for the establishment and registration in the General data protection. In these cases the exercise of public power is the criterion on which is decisive for public establishing ownership of the files in those cases where the activity of the responsible not fully subject to administrative law revisable and to administrative litigation.

Between leaders of files which have a mixed nature can to highlight the following:

Professional Associations

Professional Associations are public-law Corporations covered by law and recognised by the state, with its own legal personality and full capacity to fulfil their purpose.

Are regulated by law 2 / 1974, of 13 february on Professional Associations, for their laws of creation, Specific Statutes, internal Regulations and other state or regional provisions.

Are pivotal goals of these Corporations the management the exercise of professions, the exclusive representation and the defence of the professional interests of members as well as the functions will be entrusted to it by the administration.

Together the exercise of these discretions the public administrative law, Fully other businesses subject to private law, depending on the activity to develop, administrative or private, have two orders files, public or private.

In accordance with this distinction may be considered public files containing personal data for chartered mainstreaming, the exercise of public functions of management and control of the professional activity that such entities are assigned or legal or statutory that they are given by the competent public authorities, as well as the exercise of the power of sanction: Chartered "", ? Control of ethics of the profession ', 'Visas ", "Experts ", "in". Likewise, for the implementation of law 2 / 2007 of 15 march, of professional societies, professional associations set up the file "professional societies' that, in response to their purpose, shall be public ownership.

The privately-owned files would be created with the sole purpose of carrying out the internal management of the college or council or adopt mechanisms to facilitate the performance of the profession collegial adoption when involves the exercise of administrative powers or may lead to the existence of an administrative act, for example those relating to the management of human resources of staff serving in the college: Payroll "", 'Personal', Labour "", or those relating to accounting management of the college: "Turnover", "customers", "service suppliers', Accounting "", "deliveries".

Chambers of trade, industry, services and navigation

Law 4 / 2014, 1 april, basic Official chambers of trade, industry, services and navigation and the corresponding of each Autonomous Community, the defined as Public-law corporations, members of the so-called Corporate Administration, who exercise public powers. subject to administrative law, together with the exercise of other activities Entirely subject to private law.

Consequently, could be considered publicly-owned files own files Official cameras containing personal data relevant to the duties público-administrativas necessary for the fulfilment of its goals and the exercise of the functions granted to legally.

In this sense, the files dealing data concerning "public Census of companies of the chambers", ? Electoral roll of the chambers ", "learning", "Companies (natural and legal persons) beneficiaries of grants processed by the chambers" and "Companies (natural and legal persons) related to the chambers in the performance of its functions of a público-administrativo", would fall in the files for the performance of public functions peculiar to each chamber provided for in the law 4 / 2014, so that should meet the requirements of establishment, modification or deletion of the files of public ownership.

To register these files should stick to the regime of the files of public ownership, contained in article 20 of the LOPD and the 52 et seq. of RLOPD, with the uniqueness of which shall publish, in the relevant Official Gazette, an agreement whole of the competent body or the administration tutelante of the corresponding autonomous region, in which govern the establishment, modification or deletion of the files of public ownership of this House.

Would be private files those for the performance of other activities Entirely subject to private law, such as those relating to the management of human resources of staff serving in the chamber: "Employees', Payroll "", 'Personal', Labour "", or those relating to accounting management of gap: "Turnover", "customers", "service suppliers', Accounting "", "deliveries", or other related activities Mediation "" or "arbitration '.

Agricultural chambers, Regulatory Councils of designations of origin and Protected Geographical Indications, communities of Regantes

The above for chambers of trade, industry and navigation apply to these corporations in public law.

Example of files of public ownership of such entities would include:

  • Agricultural chambers:
    • Register of holders of holdings
  • Regulatory councils of designations of origin and Protected Geographical Indications:
    • Register:
      • -million viticulturists
      • -of olive groves
      • -of mills
      • -of packing stations
    • Sanctioning system
  • Regantes communities:
    • Regantes
    • Co-holders


Law 50 / 2002, of 26 december, foundations provides in its article 46.1.a) that the foundations of the state public sector "may not exercise public powers', which its records shall be private files.


The files of pools, referred to in article 84 of the 40 / 2015, of 1 october, of the legal regime of the public Sector, will be public or private depending on their purposes are the exercise of public power, without the presence of a public administration in a consortium defining a criterion of public ownership.

Sports federations

Article 33 of the law 10 / 1990, of 15 october, sport provides that the spanish sports federations, under the coordination and care of the high council of sports shall exercise a range of functions, among others, qualifying and organise, where appropriate, activities and sports competitions for the state level, the general promotion of sport, the preparedness plans of top-level sportsmen and sportswomen, training of technicians sporting, prevention, control and suppression of substance use and pharmacological groups. prohibited and non-regulatory methods of sport, the disciplinary authority.

The jurisprudence of the supreme court attached to the sports federations, however their nature of private entities, a mixed character in attention to the functions exercised by (STS, 22.12.10), because alongside the powers that are its own by delegation also exercise of public functions of an administrative nature, in this case acting as agents of public administration.

Consequently, the files of sports federations created for the exercise of public functions of an administrative nature would be public, such as, competitions and results, health checks and of doping, penalties whereas those files to respond to the activities of sports federations, such as employees, or suppliers, would be private.


The Order JUS / 484 / 2003 of 19 february, regulating automated files of personal data of Notaries creates the following publicly-owned files of notaries:

  • "administration and organization of a notary's office,"
  • "staff of notary the"
  • In turn, order EHA / 114 / 2008 of 29 january, regulating the fulfilment of certain obligations of notaries in the area of the prevention of money laundering requires the creation of publicly-owned file:

  • "implementation of the obligations of treatment and communication of data derived from article 17 and 24 of the act du notariat"
  • As privately-owned file, notaries have created the file

  • Videosurveillance ""