adds: “The law shall restrict the use of data processing in order to guarantee the
honour and personal and family privacy of citizens and the full exercise of their
rights.” According to the doctrine of the Constitutional Court of Spain (hereafter,
CC), the protection of personal data is a fundamental right, which is closely related
to the right to privacy but independent of it, and it is characterised by the fact that it
guarantees people the control of the use of their personal data (especially their use
and destination), in order to prevent its trafficking, which may be illicit or harmful to
the dignity or the rights of those affected.
3
The OLPPD gives special protection to personal data related to ideology, trade
union membership, religion, beliefs, racial origin, health, or sex life. Personal data
which reveal the ideology, trade union membership, religion and beliefs may be
processed only with the explicit and written consent of the data subject, who must be
warned of their right not to declare their ideology, religion or beliefs. Personal data
which refer to racial origin, health, or sex life may only be collected, processed or
transferred when, for reasons of general interest, this is so provided for by law, or
when the person affected has given explicit consent. These data may be processed
when necessary for medical purposes of prevention or diagnosis, the provision of
medical care or treatment, or the management of health-care services, provided such
data processing is effected by a health professional subject to professional secrecy or
by another person also subject to an equivalent obligation of secrecy; and also when
it is necessary to safeguard the vital interests of the data subject or another person in
the event that the data subject is physically or legally incapable of giving consent.
The current OLPPD is applied to personal data recorded on a physical support
which makes them capable of being processed and to any type of subsequent use of
such data by the public and private sectors. But data processing by the public
administrations (hereafter, PA) features some peculiarities: i.e., files of PA may
only be created, modified or deleted by means of a general provision published in the
Official State Gazette or in the corresponding regional official gazette; consent is not
required when the personal data are collected by PA to exercise their functions
within the scope of their responsibilities; personal data on criminal or administrative
offences may be included in files of the competent PA only under the circumstances
laid down in the respective regulations; personal data collected or drawn up by PA in
the exercise of their tasks shall not be communicated to other PA for the exercise of
different powers or powers relating to other matters unless the communication is for
the purpose of subsequent processing for historical, statistical or scientific purposes;
personal data obtained or drawn up by a PA on behalf of another administration may
be communicated; the right of information about data collection is transferred
whenever it would affect national defence, public safety or the prosecution of
criminal offences.
3 See CC judgement 254/1993 of 20 July; 290/2000 of 30 November; and 292/2000 of
30 November. For more information on this, see, inter alia, Conde Ortiz (2005).
372
F. M. Corvo López
honour and personal and family privacy of citizens and the full exercise of their
rights.” According to the doctrine of the Constitutional Court of Spain (hereafter,
CC), the protection of personal data is a fundamental right, which is closely related
to the right to privacy but independent of it, and it is characterised by the fact that it
guarantees people the control of the use of their personal data (especially their use
and destination), in order to prevent its trafficking, which may be illicit or harmful to
the dignity or the rights of those affected.
3
The OLPPD gives special protection to personal data related to ideology, trade
union membership, religion, beliefs, racial origin, health, or sex life. Personal data
which reveal the ideology, trade union membership, religion and beliefs may be
processed only with the explicit and written consent of the data subject, who must be
warned of their right not to declare their ideology, religion or beliefs. Personal data
which refer to racial origin, health, or sex life may only be collected, processed or
transferred when, for reasons of general interest, this is so provided for by law, or
when the person affected has given explicit consent. These data may be processed
when necessary for medical purposes of prevention or diagnosis, the provision of
medical care or treatment, or the management of health-care services, provided such
data processing is effected by a health professional subject to professional secrecy or
by another person also subject to an equivalent obligation of secrecy; and also when
it is necessary to safeguard the vital interests of the data subject or another person in
the event that the data subject is physically or legally incapable of giving consent.
The current OLPPD is applied to personal data recorded on a physical support
which makes them capable of being processed and to any type of subsequent use of
such data by the public and private sectors. But data processing by the public
administrations (hereafter, PA) features some peculiarities: i.e., files of PA may
only be created, modified or deleted by means of a general provision published in the
Official State Gazette or in the corresponding regional official gazette; consent is not
required when the personal data are collected by PA to exercise their functions
within the scope of their responsibilities; personal data on criminal or administrative
offences may be included in files of the competent PA only under the circumstances
laid down in the respective regulations; personal data collected or drawn up by PA in
the exercise of their tasks shall not be communicated to other PA for the exercise of
different powers or powers relating to other matters unless the communication is for
the purpose of subsequent processing for historical, statistical or scientific purposes;
personal data obtained or drawn up by a PA on behalf of another administration may
be communicated; the right of information about data collection is transferred
whenever it would affect national defence, public safety or the prosecution of
criminal offences.
3 See CC judgement 254/1993 of 20 July; 290/2000 of 30 November; and 292/2000 of
30 November. For more information on this, see, inter alia, Conde Ortiz (2005).
372
F. M. Corvo López