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ARSOPOL Rights

 

The European Regulation 2016/679, of April 27, general protection of parents (RGPD) establishes that any person who facilitates parents of a personal nature the exercise of their rights of access, rectification, deletion, opposition, portability, Oblivion and the right to limitation of treatment (ARSOPOL).

The Organic Law 3/2018, of December 5, on the protection of personal parents and guarantee of digital rights establishes, in its articles 11 and following, the rights of any affected or interested person (natural person owner of the parents) in relation to the treatment of the lives given of a personal nature personal. 

 

What are the ARSOPOL rights?

  • Right of access: This is the right that allows you to request and obtain information free of charge about your personal data that is being processed, for what purpose and what specific uses, where it has been taken from, whether it has been communicated or is intended to be communicated and to whom.
  • Right of rectification: This is the right that a person has to rectify their personal data free of charge when it is incorrect or incomplete.
  • Right to deletion: This is the right that a person has to delete their personal data free of charge when it is inadequate, excessive or unnecessary, when it is kept for a longer period than is appropriate or when it is contrary to the regulations on data protection data.
  • Right to rectification: It is the right of the person to rectify their personal data free of charge when they are incorrect or incomplete.
  • Right to deletion:It is the right of the person to delete their personal data free of charge when they are inadequate, excessive or unnecessary, when they are kept for a longer period than appropriate or are contrary to data protection regulations.
  • Right to object to processing:It is the right of the interested party to object at any time, for reasons related to their particular situation, to their personal data being processed based on the provisions of article 6.1.e or f of the European Regulation, including profiling.
  • Right to data portability: The interested party has the right to receive the personal data concerning him or her, which he or she has provided to a data controller, in a structured, commonly used and machine-readable format, and to transmit them to another data controller without hindrance from the controller who provided them when:    
         o The processing is based on consent
         o The processing is carried out by automated means.
    The interested party has the right to have personal data transmitted directly from controller to controller when technically feasible.
    It is ancillary to the right of access.
  • Right to be forgotten: This is ancillary right to the right to deletion. This right allows you to request, under certain conditions, that searches carried out by name not appear in the results of a search. The right to be forgotten in Internet searches may be exercised before the entities that own the search engines.
  • Right to restriction of processing: The data subject has the right to obtain from the controller restriction of processing of his or her data when one of the following conditions is met:
         o The data subject contests the accuracy of the personal data for a period enabling the controller to verify it.
         o The processing is unlawful and the data subject opposes the erasure of the personal data and requests restriction of use instead.
         or The interested party has opposed the processing and while it is being verified whether the legitimate reasons of the controller prevail over those of the interested party.

 

Who can exercise it?

ARSOPOL rights are highly personal. They can only be exercised by one of the following persons:

  1. The affected or interested person, whose personal data is being processed, who must be over 14 years of age and not legally incapacitated.
  2. A legal representative (if the person is legally incapacitated or is a minor, under 14 years of age or over 14, if required by law).
  3. A representative voluntarily appointed by the interested or affected person.
  4. A person linked to the deceased owner for family or factual reasons, or their heirs (only for access, rectification and deletion).

  

How to make the request?

Requests for the exercise of rights submitted by affected persons must meet a minimum legally established content:

  1. Name and surnames.
  2. Photocopy of ID, passport or other equivalent valid document that identifies you. If it is done by email, a digital certificate or similar electronic instruments are required.
  3. Petition in which the request is specified in a clear and detailed manner. In the case of the right of rectification, it must also indicate which data it refers to and what correction must be made. The data in the right of cancellation and opposition, if applicable, must also be specified.
  4. Address for notification purposes. If requested by electronic means, also email address.
  5. Date of the request and signature of the requesting person.
  6. If applicable, documents that prove the request

If the affected person acts through a representative (legal or voluntary), the request must also include:

  1. Photocopy of the ID, passport or other equivalent valid document that identifies the representative.
  2. Document/s where the representation is stated (authorization letter, family book, court order appointing a guardian, etc.).

It is also necessary, depending on the rights, to provide the documentation that proves what is being requested.

 

How is it exercised?

It must always be submitted in writing and the procedure will be free of charge.

The submission methods are the following: following:

  • Through the following web form (Request for the exercise of rights in relation to the RGPD)

  • On paper, using the following form (ARSOPOL Rights Form) which must be sent by email to the following address This email address is being protected from spambots. You need JavaScript enabled to view it., or by presenting it in person at the IDIAP offices (Gran Via Corts Catalanes, 587 ático, 08007 Barcelona).

 

Deadlines for processing response

The response period is 1 month from the day after the date of receipt of the request from the interested party.