Spanish Law on Data Protection of Deceased (PDF)

# 14D ## Test: Which are the rights and duties that are fundamental? ### Title I: Two Fundamental Rights and Duties ### Art. 30.2 Objection of conscience ## Test: *Corpus* of collective rights? # Law protection of data ## Adopt - 00 I or two digitals 15.4 - Specify one of the next data categorie...

# 14D ## Test: Which are the rights and duties that are fundamental? ### Title I: Two Fundamental Rights and Duties ### Art. 30.2 Objection of conscience ## Test: *Corpus* of collective rights? # Law protection of data ## Adopt - 00 I or two digitals 15.4 - Specify one of the next data categories - The law 3/1981 does not apply directly to the person, but it can be complemented. ### Complemented - Deceased - Automatic data processing - Electoral system - **d**. MiP ## Test: Which of the following categories is excluded (excluded = not included) in the scope of application of autonomous law? - Data, information - **b)** Date processed 22. in the *Rosamue* 2016/679 - **c)** Civil Registry data - **d)** Data that are still in force **ojo** Civil registry complemented. ## Solution ->**b** ## Act 2.4 The data processing carried out by: - Courts - Tribunals - Office of the Court, are processed by the courts. (+) *Rosamue* 2016/679 (+) laws 3/1981 (+) 2/1981 (+) *Organic* (+) law 6/1985 (+) 31/June (+) of the Judicial *Rosamue* ## 2.5 The data processing carried out by: - Ministry of Justice - Office of the Court, are processed by the law. (+) *Rosamue* (+) Law 3/1981 (+) Law 6/1985 (+) *Organic* (+) 50/1981 + 30Dic (+) of the *Estatuto* of the Ministry of Justice ## Tax Fiscal 50/1981 + 6/1985 Tax judges 6/1985 ## Test: Which data categories are affected by the *Rosamue* 3/1981 and the Law 6/1985? - Data processing of deceased people. - Data processing from the **Registry** of the ***Rosamue***. - **c)** Data from the Ministry of Justice. - **d)** Data of courts and tribunals. ## Solution -> **d** ## Act 3. Data Deceased - Data concerning the deceased person - Heredity Data can also be... - heirs of deceased people - Those who request - Those who rectify - Those who suppress ### Exception You can't modify the data from the deceased, unless stated otherwise by law. ## Unless... This does not affect the deceased's rights nor the personal data of the heirs. ## 3.2. You can access the data provided by the deceased person or institution designated by the deceased. It is possible to rectify or suppress the data. ## 3.3 ### Deceased Minors Their legal representatives or the representative of a legal or physical entity can access the data. ### Deceased Disabled People The decisions from 3.1 and *3.2. and 3.3* are applicable to these kind of data. ## 4. Data Accuracy ### 4.1. *Rosamue 2016/679* says that data need to be **accurate** and timely. The data processor is responsible for the data accuracy. ### 4.2. *Rosamue 2016/679* says that the data processor is not responsible if: - The data provided has been directly given by the deceased person. - The data has been obtained through a mediator or intermediary, and the information given was correct, but the intermediary has given it wrongly. - The information has been obtained from another responsible entity (e.g., transfer of data) - The information provided is of a public registry. ## Test: *Important* ## Act 5. Data Confidentiality ## 5.1. Both those responsible for data protection, and those who **access** this data, are subject to the confidentiality obligation: - All organizations of the *Rosamue* that work with data. ## 5.2. This is an extra clause to the professional secrecy clause. It does not imply that those with professional secrecy obligations are not subject to the confidentiality obligation. Professional secrecy obligations can be applicable or general. ## Test: Which of the following points about the confidentiality obligation is correct? - The confidentiality principle complements the professional secrecy principle. - The confidentiality and professional secrecy obligations complement each other. - The confidentiality obligation complements the professional secrecy principle. - All of the above are correct. ## Solution -> **c** ## Test: Confidentiality complements professional secrecy. ## 5.3. The obligations that are established in the previous clauses are essential and are established, regardless of the type of relationship. ## 2.4 & 2.5. ### *Iveres* *Rosamue* 3/1981 *Rosamue* 6/1985 *Rosamue* 50/1981 ### Data Deceased - Access - Suppress - Rectify data - Exception - Prohibition: you can't access or modify data from the deceased. - Exception: data from the deceased. - Data from the deceased + data from those who are close to the deceased. ### 3.3. - Data processing by Legal Representatives or the Ministry of Justice - Data processing by Justice (The processing can be done whenever needed). ### 3.1, 3.2, 3.3 Data Processing for those who get support - Data Processing ### 4. Data Accuracy - *Rosamue* 2016/679 says that data needs to be accurate and updated. - The person responsible for the data processing is responsible for ensuring that the data is accurate. ### 4.2. - If the data is incorrect, but the error has been made either directly by the deceased person, or by a third party that has delivered the wrong information, then the person responsible for the data processing is not accountable for the error. - The error happened because of the transferability of data or because of the information coming from a public registry. ### 5. Data Confidentiality - Data protection and those who access the data are subject to confidentiality rules. - All organizations inside the *Rosamue* that work with data need to follow these rules. ### 5.2. - The confidentiality clause compliments the professional secrecy clause. - The confidentiality and professional secrecy principles both complement each other. - The confidentiality clause complements the professional secrecy clause. - All of the above are correct. ### 5.3 Obligations of the previous clauses are essential, regardless of the relationship of the person involved.