Personal Character

Departure point: one considered the Spanish Agency of Protection of Data consults regarding the publication in the institutional Web site of a university the data of contact of the professors without his consent. In particular, the telephone number and the account of electronic mail (both strictly professional data). The AEPD, among others arguments contained in their report, mentions the one that in our opinion is crucial: article 2,2 of the Regulation of development of Statutory law 15/1999, of 13 of December, Protection of Personal Character data, that establish the following thing: This regulation will not be applicable to the data processings referred to legal people, nor to the files that are limited to incorporate the data of the physical people who serve their in those, consistent solely in their full name, the carried out functions or positions, as well as the mailing dress or electronic, professional telephone and number of fax. Since we have remembered in a recent one article published by udea, the AEPD reiterates in diverse resolutions that the treatment of the data of contact person is referred the legal people in whom the person serves her professional. Therefore, it is precise that the treatment of the data (telephone number and account of electronic mail) is accessory in relation to the persecuted purpose. According to the AEPD, the requirement of accesoriedad will have to fulfill two you rule: First. – that the treated data are limited the necessary ones merely to identify to the professor in the university to which it serves his educational. To sensu contrario, any treatment that contains additional data will find put under the scope of application of the LOPD.

That is to say, if it were had including the national identity document of the professor, yes it would be regulated by the LOPD. Second. – the inclusion of the data of the university professor must merely be accidental with respect to the true purpose persecuted by the treatment, that is to call to account itself not in the subject, but in the organization in which the same develops its activity or that one represents in its relations with those who deal the data . For the consulted assumption, it concludes the AEPD that: the purpose of the file of contacts is exclusively limited to facilitate the development and maintenance of the educational and formative activity supplied by the university by means of the incorporation of the technologies of the information to the education methods () Therefore, this treatment is excluded from the scope of application of the LOPD inasmuch as the identifying data of the university professors (telephone and electronic mail) appear exclusively tie to their professional activity in the university context.