What is specially protected data

This type of data, usually called sensitive data , belongs to a special category of data, which due to its influence on privacy requires greater protection than other personal data.

This special protection is justified by the fact that, due to the information to which this type of data refers, the improper treatment of the same, in addition to damaging the fundamental right to data protection, could damage other fundamental rights.

They are regulated in article 7 of the LOPD, and are divided into three groups:

1.            Those that reveal the ideology, union affiliation, religion and beliefs of a natural person.

2.            Those that refer to racial origin, health and sexual life.

3.            Those relating to the commission of criminal or administrative offenses.

Processing of data related to ideology, union affiliation, religion and beliefs

The epigraph 1 of article 7 of the LOPD recalls the mandate contained in article 16.2 of the Spanish Constitution , that no one may be forced to declare about their ideology, religion or beliefs, adding that, when the consent of the interested party is obtained For its treatment, it must be warned about its right not to provide it. This type of data requires the express and written consent of the affected party in order to be processed and subsequently transferred.

The need for express and written consent of the interested party is excepted in the treatment of files maintained by political parties, unions, churches, confessions or religious communities and associations, foundations and other non-profit entities, whose purpose is political, philosophical, religious or union, regarding the data related to its associates or members.

However, the transfer of said data will always require the prior consent of the affected party.

Treatment of data related to racial origin, health and sexual life

This type of data is regulated in epigraph 3 of article 7 of the LOPD , and may only be collected, processed and transferred when, for reasons of general interest, so provided by law or the affected party expressly consents.

This type of data requires, unlike the previous ones, an express consent of the affected person in order to be subject to treatment and its subsequent transfer.

Data related to criminal or administrative offenses

This type of data may only be included in files of the competent public administrations in the cases provided for in the respective regulatory standards. They are regulated in section 5 of article 7 of the LOPD .

The criminal records are recorded in the Central Registry of Prisoners and Rebels , which depends on the Ministry of Justice, and the disciplinary proceedings in the field of the competent Administrations will depend on the activity in question.

Prohibition of certain files

The epigraph 4 of article 7 of the LOPD establishes the absolute prohibition of the creation of files with the sole purpose of storing personal data that reveal the ideology, union affiliation, religion, beliefs, racial or ethnic origin, or sexual life.

Health data

Due to the importance of this type of data, it is necessary to carry out a more detailed analysis of them. As previously analyzed, this type of data falls within the category of specially protected data, and may only be collected, processed and transferred when for reasons of general interest so provided by a Law or the affected party expressly consents.

They can be defined as information concerning the past, present and future, physical and mental health of an individual. In particular, data related to people's health are those referring to their percentage of disability and their genetic information.

However, article 7.6 of the LOPD establishes as an exception to this type of consent, those treatments that are necessary for the prevention or medical diagnosis, the provision of health care or medical treatments or the management of health services, provided that said treatment is carried out by a healthcare professional subject to professional secrecy or by another person subject to an equivalent obligation of secrecy.

This same exception will apply when the processing of specially protected data is necessary to safeguard the vital interest of the affected person or another person, in the event that the affected person is physically or legally incapable of giving such consent.

This circumstance derives from the logical prevalence of the right to life over the right to data protection. To conclude with this section, it is convenient to mention Law 41/2002, of November 14 , regulating basic patient autonomy and rights and obligations regarding information and clinical documentation, which regulates in its articles 8 and 9, of the informed consent.

 

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