Resolutions, opinions and reports search tool

The Foundation's communication to families and students aged over 14 years of information on activities of external entities may have sufficient legal basis in the legitimate interest (art. 6.1.f) GDPR), provided that it refers to activities or entities linked to or related to the nature of the Foundation's schools, and provided that the Foundation applies the specific guarantees set out in the V Legal Foundation of this opinion.

The hospital could communicate pseudonymized data relating to the health of patients treated with medicines for compassionate use in the pharmaceutical laboratory that facilitates the drug for clinical research purposes (Article 9.2.j) GDPR and paragraph 2.d) of DA 17a LOPDGDD) on the basis of the legitimate interest pursued by the laboratory.

The capture, recording and diffusion of images of natural persons identified or identifiable in the municipal pavilion constitutes a processing of personal data subject to the principles and obligations of the GPD, which could be permissible for the effects of Article 6.1.f) GDPR, provided that specific guarantees are applied, specifically, in relation to the duty of information and the principle of minimisation. The responsibilities of the intervening subjects should be clarified in order to determine who is responsible for treatment, as well as the justification of the use of mechanisms based on artificial intelligence.

The telephone number and e-mail address, as long as it can be directly or indirectly associated with an individual, are personal data whose processing must comply with the principles and guarantees of data protection regulations. The publication of data relating to the name of the establishment, the industrial address of the establishment, telephone number, e-mail address, website, direct link to the location on the map and geographical location coordinates of the companies registered in the RIAAC, may based on the consent of those affected. The dissemination of this data may also be based on the provisions of Articles 19.3 LOPDGDD and 6.4 RGPD, provided that the persons concerned are offered the possibility of requesting the exclusion of their company from the dissemination.

The inclusion in the registration certificates or flyers of the name and surnames of all the persons registered in the same address, at the request of one of the registered persons, may be protected by the consent of all the persons affected or, in the absence of consent, in the legitimate interest of the applicant, unless there are circumstances in the specific case that, after making the appropriate weighting, should lead to the prevalence of the right to the protection of personal data of the other people affected. To this end, it is of particular importance to inform the affected persons of the communication in advance of the effects that may be exercised, where appropriate, by the right of opposition.

The complainant complained that the City Council had given a company a copy of some of his invoices -without his consent-, who in turn would have contributed them in a judicial process initiated against the complainant for pecuniary claim. The complaint was filed, as it was not inferred from the documentation provided by the City Council that he had communicated his data, and these were allegations without evidentiary support. In addition, all indications are that, if a communication of data had taken place, it would be covered by Article 7.f) of Directive 95/46 / EC, due to the concurrence of a legitimate interest.

The consent of the physical persons who at present are part of the educational community or who have been part,means a suitable and sufficient juridical basis for the publication of photographs of these persons in the commemorative book (art. 6.1 a) RGPD). Regarding photographs of identified physical persons or identifiable that are not part of the educational community any more, its publication in the commemorative book can find sufficient juridical basis in the article 6.1.f) RGPD, in connection with the HIM 1/1982, without having to have the consent of the ones affected, whenever the Foundation applies specific guarantees.

In attention to the examined statutory forecasts, it would be justified to give a listing of the ones registered in the professional association with right to vote to the elections to the Executive Council, in what they are evident its name, surnames and address of electronic mail, to the person who has requested it electoral information for electronic mail, once it has been proclaimed their candidature, to the effects of sending them.

The society could send by postal mail the information about the exhibition to the consultation referring to all those customers who have accepted the reception of promotional communications, about the juridical basis of the consent of l'interessat.Aquesta communication will not be able to be made to the customers who denied its consent in the reception of promotional communications. For those customers who have left blank the boxes related to the consent with respect to the reception of promotional communications the possibility to make this communication with regard to the legitimate interest of the company would remain open. When the object communication of the consultation is made for electronic means, the special regime configured by the Law 34/2002, of 11 of July, of services of the information society and of the e-Commerce, will be applied him. Consequently this information to the users that they denied will not be able to send its consent to itself in the reception of communications commercial or that left both options blank. The sending in a future of communications similar to the exposed ones in the consultation basing itself in an own legitimate interest or of third one, it will require to analyze and to document the existence of the preponderant legitimate interest with respect to those customers who have left the boxes related to the consent blank in relation to the promotional communications. For the communications for electronic mail the express consent of the customer will be necessary in all cases.

The autonomous organization has habilitation to be able to address oneself and to treat data of contact of the persons in the service of the Administration of the Generalitat, of the local entities of Catalonia and of the Catalan universities, in exercise of its functions, in accordance with article 6.2 LOPD, and if the article 6.1.e is proper) of the RGPD. Beyond these collectives, the collection of contact data of other persons would require its consent or another of the foreseen habilitations to the regulations of data protection. If the data retire of a web, it will be necessary to inform the persons affected in the deadline of three months since the moment in which they retire and to include the forecasts of articles 5.4 and 5.1 a), d) and e) LOPD. These considerations would be applicable if the contacts belong to persons who live in Catalonia as well as if they live out of Catalonia.