Regarding the principles relating to processing, LOPD 7/2021 establishes guidelines similar to the GDPR, but with some differences that are important to highlight:

Legality:

Processing shall only be lawful to the extent that it is necessary for the purposes set out in Article 1 and is carried out by a competent authority in the exercise of its functions.
Any law regulating the processing of personal data for purposes included within the scope of this Organic Law must indicate, at a minimum, the purposes of the processing, the personal data to be processed, and the purposes of the processing.

Of the six existing grounds for legitimation, processing in accordance with this Law will be necessary for the fulfillment of a mission carried out in the public interest or in the exercise of public powers conferred on the data controller.

Regarding the principle of data accuracy, this Law emphasizes the accuracy of data transmission.

Regarding the limitation of storage periods, it should be noted:

Special categories of data LOPD 7/2021

Finally, in the case of Special Categories of Data, there are differences with respect to the GDPR, such as:

The cases that allow the processing of sensitive data provided for in Article 9.2 of the GDPR are significantly reduced (10 cases).
The LOPD (Spanish Data Protection Act) on criminal sanctions permits this when strictly necessary, subject to appropriate safeguards for the rights and freedoms of the data subject and when any of the following circumstances apply:
- a) It is provided for by a law or by European Union law.
- b) It is necessary to protect the vital interests and fundamental rights and freedoms of the data subject or of another natural person.
- c) Such processing relates to data that the interested party has manifestly made public.
Biometric data: The competent authorities are authorized, within the framework of their respective functions and powers, to process such data when:
- are intended to uniquely identify a natural person
- And for the purposes of prevention, investigation, and detection of criminal offenses, including protection and prevention against threats to public safety.

If you want to know more about LOPD and Compliance, check out our blog

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