The files created by the security forces and containing personal data which,
because they were collected for administrative purposes, must be recorded permanently, are subject to the OLPPD (Art. 22 OLPPD). This Law enables the collection
and processing, for police purposes, of personal data by the security forces without
the consent of the data subjects, but limits that possibility to those cases and
categories of data necessary for the prevention of a genuine threat to public security
or for the suppression of a crime; it also allows the collection and processing of
especially protected personal data by the security forces, but only if it is absolutely
essential for the purposes of a specific investigation. It considers the possibility of
denying access, rectification or cancellation in the light of the risks which might arise
for the defence of the state or public safety, the protection of the rights and liberties
of third parties, or for the needs of investigations under way (Art. 23.1 OLPPD).
Nevertheless, personal data stored for police purposes must be cancelled when they
are not necessary for the investigations which motivated their storage; to this end,
special consideration is given to “the age of the data subject and the nature of the data
stored, the need to maintain the data until the conclusion of a specific investigation or
procedure, a final judgement, and in particular an acquittal, a pardon, rehabilitation
and the expiry of liability” (Art. 22.4 OLPPD). Furthermore, the right of the data
subject to be informed when their data were collected is excluded when it could
affect national defence, public safety or the prosecution of criminal offences (Art.
24.1 OLPPD); and the law provides for the possibility that the rights of access,
rectification and cancellation of the data subject are waived for reasons of public
interest or because the interests of third parties need more protection, after considering all the interests at stake (Art. 24.2 OLPPD).
At this stage, Art. 6 and 7 of Law 25/2007, which have already been discussed,
are relevant here.
Art. 42 of Law 5/2014 of 4 April, on private security, provides for the submission,
either voluntarily or at the request of the security forces, of the recordings captured
by video surveillance systems that may be related with criminal acts or that may
affect public safety.
Access to the data stored in a computer requires judicial authorization.
Regarding the drones, we must point out that the Royal Decree 1036/2017 of
15 December, regulating the civil use of unmanned aircraft systems excludes from
its scope military remotely piloted aircraft systems (RPAS) and aircraft (Art. 2.2).
However, the provisions laid down in chapters I and II will be applicable to the
police operations attributed to security forces by OL 2/1986 of March 13, to customs
operations, to traffic surveillance carried out by the Directorate-General for Traffic,
and to operations carried out by the National Intelligence Centre. These rules only
contain a general reference to the competencies of the SDPA.
administrative infractions against public security, to an ongoing police investigation or to ongoing
legal proceedings. Recordings that captured the commission of acts that could represent criminal
offences must be brought under judicial control immediately.
390
F. M. Corvo López
because they were collected for administrative purposes, must be recorded permanently, are subject to the OLPPD (Art. 22 OLPPD). This Law enables the collection
and processing, for police purposes, of personal data by the security forces without
the consent of the data subjects, but limits that possibility to those cases and
categories of data necessary for the prevention of a genuine threat to public security
or for the suppression of a crime; it also allows the collection and processing of
especially protected personal data by the security forces, but only if it is absolutely
essential for the purposes of a specific investigation. It considers the possibility of
denying access, rectification or cancellation in the light of the risks which might arise
for the defence of the state or public safety, the protection of the rights and liberties
of third parties, or for the needs of investigations under way (Art. 23.1 OLPPD).
Nevertheless, personal data stored for police purposes must be cancelled when they
are not necessary for the investigations which motivated their storage; to this end,
special consideration is given to “the age of the data subject and the nature of the data
stored, the need to maintain the data until the conclusion of a specific investigation or
procedure, a final judgement, and in particular an acquittal, a pardon, rehabilitation
and the expiry of liability” (Art. 22.4 OLPPD). Furthermore, the right of the data
subject to be informed when their data were collected is excluded when it could
affect national defence, public safety or the prosecution of criminal offences (Art.
24.1 OLPPD); and the law provides for the possibility that the rights of access,
rectification and cancellation of the data subject are waived for reasons of public
interest or because the interests of third parties need more protection, after considering all the interests at stake (Art. 24.2 OLPPD).
At this stage, Art. 6 and 7 of Law 25/2007, which have already been discussed,
are relevant here.
Art. 42 of Law 5/2014 of 4 April, on private security, provides for the submission,
either voluntarily or at the request of the security forces, of the recordings captured
by video surveillance systems that may be related with criminal acts or that may
affect public safety.
Access to the data stored in a computer requires judicial authorization.
Regarding the drones, we must point out that the Royal Decree 1036/2017 of
15 December, regulating the civil use of unmanned aircraft systems excludes from
its scope military remotely piloted aircraft systems (RPAS) and aircraft (Art. 2.2).
However, the provisions laid down in chapters I and II will be applicable to the
police operations attributed to security forces by OL 2/1986 of March 13, to customs
operations, to traffic surveillance carried out by the Directorate-General for Traffic,
and to operations carried out by the National Intelligence Centre. These rules only
contain a general reference to the competencies of the SDPA.
administrative infractions against public security, to an ongoing police investigation or to ongoing
legal proceedings. Recordings that captured the commission of acts that could represent criminal
offences must be brought under judicial control immediately.
390
F. M. Corvo López