In an era when we are forced to provide personal information of all kindsand given the risks that on occasions such information may be misusedthe ARCO rights they should be known to all.
Beyond be vital to safeguarding our reputationthese rights provide us with a greater degree of peace of mind in relation to Privacyalso help in the aspect of the provided.
In this post you will find everything you need to know about ARCO rightstheir features and the way you can make them count before some eventualities.
What are ARCO rights and why should you know them?
The ARCO rights are a series of rights included in Title III of the Organic Law on Protection of Personal Data (LOPD). They are so called referring to the initial letter of each one of them. (Access, Rectification, Cancellation and Opposition).
Every time you provide your personal data, either to a private company or to a public entityrights BOW allow you a series of actions to make sure you have control about your personal information. That is something of the utmost importance, especially in these times when your data may be scattered in many places, such as web pages and databases of all kinds.
Access, Rectification, Cancellation and Opposition: Know in detail all ARCO rights
To enforce your rights, it is necessary first know them fullyand the rights BOW They are no exception, and it is convenient to be well informed about it.
To help you in this, we describe each of them below:
Right of Access to Data
This is the right of every person to request, and above all to receive information, about the treatment and use given to the data that at some point have been requested. Based on the principle of loyalty, legality and transparency of personal data, the user must be informed.
Each time you request it, on the origin of the data that may be in the possession of entities or persons to whom he has not delivered them personally. Its importance lies in the fact that sometimes you may be receiving communications from companies or businesses, which undoubtedly They have your data without your consent.
Right of Rectification
It is the power that each person has to request that their data be fixed and updated, with which they will be in accordance with the purposes for which they have been collected. This is because sometimes, due to errors or omissions by the person responsible for the file, cease to comply with the principle of accuracy established for personal data.
Right of Cancellation
This right recognizes the faculty that each user of request permanent deletion, total or partial, of your personal data stored in a particular file. You can appeal to this legal figure when, for example, any of the data that has been requested does not comply with the principle of minimization thereof.
Right of Opposition
Here it is established, very clearly, the right that you have as a user that your personal data is not processed without your consent, that is to say obscurely obtained. Along with being the most appealed ARCO right by the general public, it is very important that it be taken into account by those responsible for personal data files of many businesses and by those who work with online marketing.
What are the characteristics of ARCO rights?
Another thing that is important to know is that ARCO rights are recognized with two main characteristics, knowledge of which will make their understanding and scope easier for you:
They are personal rights
This tells us that ARCO rights can only be activated by the owner of the data, either directly or through of a duly accredited representative, that is, by means of a power of attorney that complies with the legal formalities. In the event that the affected party is a minor or disabled person, it is up to the parents or a guardian to comply with the relevant procedures. If the previous precepts are not complied with, the person responsible for the file may refuse to respond to requests.
They are independent rights
This, based on the fact that people can exercise them separately and independently, without this meaning or justifying the denial of the other.
How to execute these rights in case of being a victim of a privacy violation?
In the LOPD the obligation of the person responsible for the file to facilitate exercise of the rights BOW, and to respond to requests within the time limits set by said law. Similarly, the person responsible for the file is legally obliged to provide at all times, and for freethe exercise of these rights.
For this, each person must have the following documents:
- Name and surname Of the interested
- Photocopy of the DNI or equivalent document of the interested party
- Home address and email, date and signature
- Petition in which the request
- supporting documents of the petition What formulation, if any?
In those cases in which the person responsible for the file denies a person the exercise of their rights BOW, regardless of whether this is partially or totally, said person may apply for guardianship of the Spanish Data Protection Agency (AEPD). This agency, in addition to ensuring that the person responsible for the file complies with the legally established deadlines to respond to citizens’ claims, has the power to impose fines on those who violate them.
In what cases are ARCO rights limited and exceptions made?
The LOPD establishes limits and exceptions to ARCO rights for State reasons, such as those mentioned below:
- the safeguard of state security.
- Defending and security public
- Prevention, investigation, detection and punishment of criminal offenses
- Protection of rights and freedoms from third parties
- administrative procedures to ensure compliance with tax obligations
However, also in these cases the person subject to the denial of your ARCO rightsyou can appeal the measure before the AEPD, by what is determine whether such a measure is appropriate or inappropriate, and act accordingly.
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