Definitions. Catalan Data Protection Authority

Glossary

Legal references

GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
LOPDGDD: Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights
Law 32/2010, of 1 October, of the Catalan Data Protection Authority
LOPD: Organic Law 15/1999, of 13 December, on the Protection of Personal Data
RLOPD: Regulation implementing the LOPD, approved by Royal Decree 1720/2007, of 21 December
Directive (EU) 2016/680, of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties and on the free movement of such data, which repeals Council Framework Decision 2008/977/JHA

Supervisory authority: the independent public authority which is established by a Member State.

Supervisory authority concerned: a supervisory authority which is concerned by the processing of personal data because:

a) the controller or processor is established on the territory of the Member State of that supervisory authority;

b) the data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing;

c) a complaint has been lodged with that supervisory authority.

Consent of the data subject: any freely given, specific, informed and unambiguous indication of the data subject’s wishes through which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Personal data: any information relating to an identified or identifiable natural person (the data subject). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Genetic data: personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question.

Biometric data: personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data.

Data concerning health: personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.

Recipient: a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law should not be regarded as recipients; the processing of those data by those public authorities will be in compliance with the applicable data protection rules according to the purposes of the processing.

Main establishment

a) as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;
b) as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities take place, to the extent that the processor is subject to specific obligations under the GDPR.

Profiling: any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Enterprise: a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity.

Processor: a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

File: any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

Group of undertakings: a group comprising a controlling enterprise and its controlled enterprises.

Restriction of processing: the marking of stored personal data with the aim of limiting their processing in the future.

Binding corporate rules: personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity.

Representative: a natural or legal person established in the Union who, designated by the controller or processor in writing, represents the controller or processor with regard to their respective obligations under the GDPR.

Controller: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Pseudonymisation: the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

Third party: a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Processing: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Personal data breach: any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.