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Report AEPD 2013
REPORT OF THE AEPD: INFORMACIÓN TO COMISIÓN EXCEPTIONS OR LIMITATIONS TO THE RIGHTS OF INFORMACIÓN AND ACCESS, RECTIFICACIÓN AND SUPRESIÓN UNDER THE IV CAPÍTULO IMI RULES
Article 20Regulation (HAT) 1024 / 2012on administrative cooperation through the information system of the Internal Market (IMI Rules) states that member states will inform the commission in case exceptions or limitations of the rights contained in this chapter (Chapter IV: rights of information, access, rectification and deletion) in their national legislation in accordance with article 13Directive 95 / 46 / CE.
Article 13 of the Directive 95 / 46 / CE states:
- The member states may take legal action to limit the scope of the obligations and rights (including the above) when it is a necessary step towards safeguarding:
to) state security;
(b) the defence;
(c) public security;
d) the prevention, investigation, detection and suppression of criminal offences or violations of ethics in the regulated professions;
e) An economic and financial interest important or a member state of the European Union, including monetary affairs, budgetary and fiscal
(f) a function of control, inspection or regulatory connected, if only occasionally, with the exercise of public authority in the cases referred to in the lyrics (c), (d) and (e);
(g) the protection of the individual or the rights and freedoms of others.
- Without prejudice to the appropriate legal guarantees, excluding, in particular, that data can be used in connection with actions or decisions relating to specific individuals, member states may, in cases where manifestly no risk of attack on privacy, limit through a legal provision the rights referred to in Article 12 (of access, rectification and deletion or blocking) when data be addressed exclusively for scientific research or are stored in the form of personal files during a period not exceeding the time needed for the sole purpose of the development of statistics.
EXCEPTIONS UNDER THE LEGISLACIÓN PROTECCIÓN ESPECÍFICA OF DATA
TheOrganic Law 15 / 1999of 13 December, on the protection of Personal data (MAY) has partially transposed exceptions article 13 of the Directive 95 / 46 / CE in articles 23 and 24 (exceptions to the rights of access, rectification, cancellation and information).
Article 24provides that, when affects national defense, public security or persecution of criminal offences, does not apply to those interested to which personal data are required for the right to be informed expressly, precise and unambiguous:
to) the existence of a file or treatment of personal data, the purpose of the collection of these and the addressees of the information.
(b) Of The obligatory or optional nature of its response to the questions that are raised.
(c) of the consequences of obtaining the data or the refusal to provide them.
d) of the possibility to exercise their rights of access, rectification, cancellation and opposition.
e) of the identity and direction of the person responsible for processing or, in their case, their representative.
Article 23.1the exception MAY, depending on the dangers arising out for the defence of the state or public safety, the protection of the rights and freedoms of others or the needs of investigations being made, the rights of access, rectification and cancellation by those responsible for files containing data:
- That are needed for the prevention of a real danger to public safety and repression of criminal offences (forces and state security)
- Data of ideology, trade union membership, religion, belief, racial origin, health and sexual life when the collection and processing is performed by the forces and state security solely for the purposes of any specific research
Paragraph 2 of Article 23provides the possibility to deny the exercise of loscitados rights by those responsible for the files of the Hacienda Públicacuando obstructs administrative actions aimed at ensuring law enforcement tax obligations and, in any case, when the affected estésiendo inspectors object of activities.
Exceptions under Articles 23 and 24 relate to publicly owned files.
Also, there may be limitations in other industry regulations including those prescribed by law 10 / 2010, 28 April, of the Prevention of Money Laundering and Financing of Terrorism, which transposes EU rules on this matter.