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Right To Be Informed

This is the right of all people to know, at any time, what is being done with their personal data.

Specifically, the person must be clearly informed at the moment the data is collected of the following considerations (article 5 of Law 15/1999 (Agencia española de protección de datos)):

  • The existence of a data file or processing operation involving data of a personal nature.
  • The purpose for which the data was collected.
  • The recipients of the information.
  • The identity and address of the person responsible for the processing.
  • The possibility of exercising the rights of access, rectification, cancellation and objection (ARCO).*
  • Whether or not it is compulsory to answer the questions being asked.*
  • The consequences of providing this data and those of not providing it.*

(*) Not necessary when the information is deduced from the nature of the personal data being requested or from the circumstances in which it is collected.  

This information must appear when data is collected in forms.  

Any change in the purpose of the processing or any disclosure or assignment of the personal data to a third party must be notified to the interested party (data subject), without prejudice to requesting his or her consent, except when this is not necessary.   

Exceptions

It is not obligatory to inform the data subject (either on collection or subsequently) when doing so would affect National Defence, public safety or the prosecution of criminal offenses.

It is not obligatory to inform the data subject at the moment of collecting the data:

When the data is not obtained from the data subject in person. Nonetheless, within three months from the first moment in which this data is held, the file controller must inform the data subject of the following details:

  • The origin of the data.
  • The existence of a personal data file or processing operation.
  • The reason why the data is being processed (the purpose).
  • The recipients of the information.
  • The identity and address of the person responsible for the processing.
  • The possibility of exercising the rights of access, rectification, cancellation and objection.

But it is not necessary to inform the data subject within three months:

  • If this is expressly established in a law.
  • If the data is processed for historical, statistical or scientific purposes.
  • If it is impossible to inform the data subject or doing so would require disproportionate effort because the number of interested parties is extremely large, the data is very old or the file controller proposes taking compensatory measures. Authorisation from the corresponding data protection agency is necessary in such cases.
  • If the data is obtained from sources accessible to the general public (telephone directories, professional directories, newspapers and official gazettes, the media, promotional census) and is intended for advertising or commercial research. In this case, the following information must be provided in each communication addressed to the person: 
    • The origin of the data.
    • The identity (and address) of the person responsible for the processing.
    • The possibility of exercising the rights of access, rectification, cancellation and objection.

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