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The use of devices GPS in the police vehicles it entails the data processing personal and, therefore, is subjected to the regulations of protection of particulars. If the treatment is carried out to ensure the normal functioning of the service, the Town Council would not need to have the previous consent of the affected ones, peró yes that it should fulfill the duty of information and the duty to creation (or modification) and notification of the file that contains the data of geolocation.
Report in relation to the electronic exchange of data of the user persons of the system of public transport and second and third reports
Since the system of videovigilància will entail the catchment of images of persons and of vehicles in the public way, the LOPD does not give the Town Council sufficient habilitation to install this system on the public way, which they have to carry out necessarily the forces and security corps. Since the town does not have local police, the Town Council would not be able either at present to install videovigilància on the public way with regard to the forecasts of the organic Law 4/1997, of videovigilància (LOV). So that the catchment of persons images in places public, open or closed, for entities different to the forces and security corps, can be considered legitimate, it will be necessary that the supposition of the article 42.2 of the Law of private security (LSP) is given, and that it is made in the foreseen terms and conditions in the specific regulations.
The utilization of "drones" with civil or commercial purposes, in the measure in which it does not entail the catchment and the recording of "identified or identifiable" images of physical persons, would not be subjected to the LOPD. However, if takes place it will be necessary to take into account that, if treats itself of spaces pubic, the catchment would only be in agreement with the LOPD if the images turn up as merely accessory in public events and that, if it is a matter of a closed space, unless the images also turn up as merely accesòries in public events, the consent will be required, which it will have to be express and in writing, if the catchment takes place in spaces that, by its nature or caracteristiques, it could entail to reveal data especially proteges. On its part, the utilization of "drones" within the framework of the private or family life will subtract excluded from the LOPD.
- SECTORIAL AREA
- Smart cities
- DATA PROTECTION AUTHORITIES
- Catalan Data Protection Authority
- Scope of action
- PERSONAL DATA
- Anonymised data
- Sensitive data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- Purpose limitation principle
- Lawfulness principle
- Quality principle