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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 323. Community of owners and data protection, I
Wednesday, July 28, 2010 @ 1:52 PM

The responsible party regarding protection of data of owners in a Community of Owners is the Community of Owners itself, through the figure of its President or Board of Directors.

The President of the community is entitled to access these data by the very title of President that the Community has given to him, so he is not required to obtain any specific consent for accessing the same, when necessary for the performing of his obligations with the Community of owners.

However, it is recommended that, by any of the means used by the community to inform, the different co-owners are informed on  (i)the existence of a file of personal data, (ii)who is responsible for the file (President or another member of the Governing Board),(iii) where they can exercise their rights of access, rectification, cancellation and opposition, and in general, the parameters laid down in Article 5 of the Protection Data.

The Admnistrador de Fincas (a third party- individual or company-) hired by the Community to act as Secretary of the same is merely a user of these data. 

If the Administrator has been entrusted with data custody care by the Community, he is also responsible for the custody and access to the same.  The custody/access duties need to be clearly regulated in the contract relationship between Community and Administrator.

( more to follow tomorrow)

Maria

 



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2 Comments


Paco said:
Wednesday, July 28, 2010 @ 1:21 PM

I'd like your opinion on this statement, "If only an apartment number and e-mail address is stored, without an owner's actual name, it is not personal data and does not require protection."

"Any data held is not personal, even though containing a name, does not store information relating to race, ethnic origin, political belief, trade union membership, physical or mental health condition, financial records, ancestory, sexual life, criminal records, so it therefore does not fall under personal data protection act. After all, a name is specifically necessary only to refer to a given individual in a public circumstance. If we were all living on our own individual deserted island, would we have any use for a name other than "me"? Thus proving without a doubt that a name is public information by nature."

"Data, even though containing a name and an apartment number, is not stored in a "relavent" filing system, that being a file that is directly searchable by name, so the information system does not require protection protection, even though the database might."

Thanks,


Maria said:
Wednesday, July 28, 2010 @ 2:43 PM

Paco:

Any data which needs to be used for the commun exercise of a proffesion or position, need no special authorisation for its use for the proffessional or person in charge.... Access to them needs to be protected against third parties.

Commercial trade of the same is also forbidden of course

I do not know if I am answering your question or not.

Best regards,

MAria


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