Resolutions, opinions and reports search tool

The seudonymisades data processing for purposes of biomedical research (section 2.d) of the DA 17th), it can find sufficient habilitation in juridical bases different to that of the consent article 6.1, e sections) and f), and article 9.2, j section), in connection with article 89.1 RGPD). When the foreseen circumstances contribute to the section 2.d) of the DA 17th of the LOPDGDD, the consent of the affected ones will not be indispensable to carry out the data processing of seudonymisades health. The responsible for the treatment has to have the necessary technical and organizational measures, in the terms that they derive from the regulations (articles 9.2.j), 89.1 and 32 RGPD). Among others, it has to give compliment to the foreseen demands in the sections 2.d), f) and g) of the DA 17th of the LOPDGDD.

For application of the regulations (art.9.2.j) and art. 89.1 RGPD), the section 2 of the DA 17th is the rule of internal law that regulates the data processing for purposes of research in health, and therefore results from full application to any type of research in health (with the specificities that are foreseen there). The reference to the “public health” contained to the letter b) of the section 2 of the DA 17th, it has to understand made to the research that is carried out within the framework of the LGSP. However, the forecasts of the letters d) f) and g) they have to understand themselves related to any research in health. The information that the responsible incorporates into the corporative web to the effects of complying with the article 13 of the RGPD has to be available in a clear and easily accessible way for the ones affected, during all the lifecycle of the data processing, for demand of the principle of transparency.

The information requested by the claimant, consistent in the number of foreign pupils and the number of pupils with special educational needs for unfavorable social situation of the educational centers of Catalonia, is an information that does not contain, in principle, data of personal character. However, in centers with a reduced number of pupils in whom the different characteristics coincide with respect to which information is requested, if besides the information related to the number of foreigners of the center another information is given as the number of pupils with special educational needs for unfavorable family situation, or the number of pupils who receive individual helps of canteen, it can end up being relatively easy that a profile of determinate pupils that is easily identifiable not only for the rest of families of the center but for many other people is obtained. Because of that, in these concrete cases it would be necessary that the Department facilitated the information at a level of aggregation that guaranteed the no identification of the persons concerned. And in this case, the level of aggregation could not be sufficient the municipal level, because probably many of the cases in which there is risk of re-identification at level of center, there would also be the same risk at municipal level when it is about towns with only one center.

The information requested by the claimant, one consistent in the number total and the percentage number of pupils of foreign origin classified by center and level of all Catalonia, is an information that does not contain, in principle, data of personal character. The regulations of data protection personal it would not prevent the access on the part of the claimant to the information requested in so far as particulars nor information that it indirectly allows facilitate the identification of the headlines of the data. To know the number of foreign pupils in a center does not allow to identify these pupils except that a previous information is had about these pupils. In this case, however, the possibility to know information about the condition of foreigners of the pupils would not derive from the information given as a result of this request of different access but ways.