When we talk about the concept "Personal data protection" We mention the protection of the citizen against the possible use without consent of third parties of the aforementioned data. These can be used in an automated manner to collect personal, social and/or professional information, within the perimeter of privacy. This means that the aforementioned information comes from a natural person whose identity can be located through the processing of their data.
In this sense, one of the most common cases is that of email, in which the Spanish Data Protection Agency in its 2000 Report has been pronounced as follows:
“In those cases of electronic addresses, the information is comprised of a series of signs that, when linked directly or indirectly to a natural person, give this data a personal nature.”
The purpose of Personal Data Protection lies in guaranteeing people's privacy, as well as safeguarding their privacy. This implies that people can control the purpose for which they want to use their private information, as well as the option to refuse if they do not want to provide it.
Therefore, we are faced with a right of legal nature recognized by our constitutional Court as “Computer Freedom”. Likewise, if we go to the community level of the European Union, we observe that it is enshrined as a fundamental right established in the Treaty of June 18, 2003 (Constitutional Treaty) in its Article I-51.
In the XIII Summit of 2003 It was declared that Data Protection constitutes a Fundamental Right that gives people control over their personal data, as well as for its use and purpose, thus preventing illegal and harmful traffic of the same, which could harm dignity and the right of the injured party.
Finally, it is important to mention the Protection of Personal Data in the business environment, since it can give rise to doubts when dealing with legal entities. Therefore, it is necessary to say that current legislation mentions natural persons at all times, so legal persons would be excluded from the aforementioned protection. Likewise, when we talk about the figure of the individual and/or professional entrepreneur, we must take into account that it is not under the protection of the legal system regulating Data Protection, since the Spanish Data Protection Agency It is pronounced as follows:
“With regard to those persons constituted as legal entities such as the individual entrepreneur, when the protection of personal data refers to personal or family privacy, they will not be considered subjects covered under it."
However, the data of the above in cases in which their commercial or professional activity cannot be differentiated from the individual sphere, will be subject to the current regulations.
Do you find it interesting? Do you want to know more about the protection of personal data?
He Master in Compliance & Data Protection Management will help you understand this and other concepts, it will turn you into a highly qualified professional with the necessary skills to carry out specialized tasks in two of the most relevant areas for both private companies and public administrations: data protection and regulatory compliance or Compliance.
