Agencia española de protección de datos

Data quality

The Organic Law 15 / 1999 contains among its general principles, the principle of quality of data, which requires that they be appropriate to the purpose for which collection.

The collection and processing of personal data must be carried out also from its subordination to the proportionality in its treatment, as the law requires.

Cannot be ignored. we are dealing with a genuine fundamental right, whose content the constitutional court has finished shape in the judgment 292 / 2000, of 30 november, as information right to self-determination or free availability of data of a personal nature. Thus, in this judgement indicates that this fundamental right 'seeks to ensure the powers of control over their personal data on their use and destination, in order to prevent their illegal trafficking and detrimental to the dignity and the right of the person concerned ', establishing, as regards your area, which' the object of protection of the fundamental right to data protection is not confined only to the environment data person, but to any type of personal data, whether or not, Close the knowledge third-party or employment may affect their rights are fundamental or not, because it involves not only individual privacy, for this protection to article 18. 1 EC, but personal data. "

Advancing the content of the right provides that the power of alienation and control over personal data that such a right involves'translate legally at the faculty of consent to the collection, obtaining and access to personal data, its subsequent storage and treatment as well as their use or potential uses, by a third party, is the state or a private individual. And the right to consent to knowledge and computer processing, or not, of personal data, requires as indispensable complements, on the one hand, the ability to be aware at all times who had such personal data and what use is subjecting the, and, moreover, the power to counter this possession and uses "

'principles relating to the quality of the data (articles 4 LOPD RLOPD and 8).

  • Personal data may only be collected for processing, as well as to such treatment, where appropriate, relevant and not excessive in relation to the scope and the purposes determined, explicit and legitimate for the achieved.

  • Personal data processed may not be used for purposes incompatible with those for which the data have been collected. Not be deemed incompatible subsequent treatment of these for historical, statistical or scientific use.

  • Personal data shall be accurate and updated response truthfully to the current status of the concerned.

  • If personal data recorded be inaccurate, in whole or in part, or incomplete, must be paid and replaced by corresponding data rectified or supplemented, without prejudice to the powers which affected recognised by article 16 (rights of rectification and deletion).

  • When the data have been reported previously, the responsible for the file or treatment must notify the assignee, within ten days, rectification or cancellation made, provided that the assignee is known. Within 10 days of receipt of the notification, the transferee to maintain the treatment of data, it shall proceed to the rectification and deletion notified.

  • Personal data must be paid when they have no longer necessary or relevant to the purpose for which they were collected or recorded. Shall not be stored in form which permits identification of data subjects for no longer than the period necessary for the purposes on the basis of which had been collected or recorded. The patient's shall determine the procedure whereby, by derogation, in the light of the historical, statistical or scientific purposes in accordance with specific legislation decided Full maintaining certain data.

  • May also be kept the data during the time required some form of liability a relationship or the legal obligation or performance of a contract or the implementation of precontractual measures requested by the person concerned. After this period data may only be preserved after dissociation from them, without prejudice to the obligation of under the blockade LOPD and its regulation development.

  • Personal data will be stored as to the exercise of the right of access, unless legally cancelled.

  • Prohibits the collection of data by fraudulent means or unlawful, predatory. ‘

Constitutes serious infringement, in accordance with the provisions in article 44.3.c) the 'treating LOPD personal data or use it subsequently with violation of the principles and guarantees laid down in article 4 of this law and the provisions that would develop, save where establishing very serious offence, ", for its part" data collection in the form of false or fraudulent "is a very serious offence in article 44.4.a).