S.L. 586.8 · Data Protection (Processing Of Personal (S.L. 586.8)
S.L. 586.8 Art. 2Interpretation.
In these regulations, unless the context otherwise requires:
"Act" means the Data Protection Act;
"adequacy decision" means a decision adopted by the European Commission pursuant to article 36(3) of the Directive mentioned in regulation 1(2), that a third country, a territory or one or more specified sectors within that third country, or an international organisation ensures an adequate level of protection;
"biometric data" means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;
"Commissioner" means the Information and Data Protection
*See Legal Notice 172 of 2018. FOR THE PURPOSES OF THE PREVENTION, INVESTIGATION, DETECTION OR PROSECUTION OF CRIMINAL OFFENCES OR THE 586.08 EXECUTION OF CRIMINAL PENALTIES Commissioner established under article 11 of the Act;
"competent authorities" means:
(a) any public authority competent for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security, and excluding the Security Service as established under the Security Service Act;
(b) any other body or entity entrusted by law to exercise public authority and public powers for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
"controller" means the competent authority which, alone or jointly with others, determines the purposes and means of the processing of personal data;
"data concerning health" means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his health status;
"the Directive" means Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data;
"filing system" means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
"genetic data" means personal data, relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;
"international organisation" means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries. For the purposes of these regulations, the International Criminal Police Organisation (‘Interpol’) shall be considered as an international organisation; FOR THE PURPOSES OF THE PREVENTION, INVESTIGATION, DETECTION OR PROSECUTION OF CRIMINAL OFFENCES OR THE
EXECUTION OF CRIMINAL PENALTIES "personal data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
"personal data breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
"processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
"processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
"profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
"pseudonymisation" means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;
"recipient" means a natural or legal person, public authority, agency or another body, to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing; FOR THE PURPOSES OF THE PREVENTION, INVESTIGATION, DETECTION OR PROSECUTION OF CRIMINAL OFFENCES OR THE 586.08 EXECUTION OF CRIMINAL PENALTIES "restriction of processing" means the marking of stored personal data with the aim of limiting their processing in the future;
"supervisory authority" means an independent public authority established in another Member State pursuant to article 41 of the Directive mentioned in regulation 1(2).
"union bodies" means agencies, offices and bodies established pursuant to Chapters 4 and 5 of Title V of the Treaty on the Functioning of the European Union, or any subsequent treaty and other agencies, offices and bodies established by Union law and authorised by law to process personal data for any of the purposes set out in regulation 3(1), where the law provides for the communication of such personal data by competent authorities to such agencies, offices and bodies;
"user" means a natural person authorised by the controller or the processor to access and use any automated processing system.
Änderungsgeschichte
- Amended by L.N. 108 of 2020