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*There is any of the circumstances provided by Article 6.2 LOPD or 11.

2 LOPD that
are applicable to this type of media:

In addition, if the current legislation imposes any additional requirement, it must


be complied with it.

On the other hand, there are cases in which the LOPD does not apply:

*It does not apply to the treatment of images in the personal and domestic sphere,
being understood as such carried out by a natural person within the framework of an
exclusively private or family activity.

Eg The principles of data protection are not applied to recordings made in the
context of a tourist trip or a family celebration.

* To the treatment of images by the media in the legitimate exercise of the rights
conferred on them by article 20 of the Spanish Constitution.

Eg The broadcast of a television news or the edition of a newspaper.

For a system of this nature (recording, capture, transmission, conservation, or


storage of images, including their reproduction or broadcast in real time or a
treatment that results from the personal data related to them) to be used, it is
not enough for it to meet the technical requirements that allow it to function.
There must be legitimacy for it. This will occur when:

*We have the consent of the owner of the personal data.

*A rule with the rank of Law exempts from consent, as in the cases seen by the
Private Security Law (Ley de Seguridad Privada) or in that of Article 20 of the
Statute of the Workers (art�culo 20 del Estatuto de los Trabajadores)

For e.g.
Consent to the use of video cameras to ensure the safety of goods and people will
not be required provided that the installation or maintenance of the same has been
done by an authorized security company

*There is any of the circumstances provided by Article 6.2 LOPD or 11.2 LOPD that
are applicable to this type of media:

In addition, if the current legislation imposes any additional requirement, it must


be complied with it.

On the other hand, there are cases in which the LOPD does not apply:

*It does not apply to the treatment of images in the personal and domestic sphere,
being understood as such carried out by a natural person within the framework of an
exclusively private or family activity.

Eg The principles of data protection are not applied to recordings made in the
context of a tourist trip or a family celebration.

* To the treatment of images by the media in the legitimate exercise of the rights
conferred on them by article 20 of the Spanish Constitution.

Eg The broadcast of a television news or the edition of a newspaper.

Without prejudice to the specific provisions of the Organic Law 4/1997, of August
4, which regulates the use of video cameras by the State Security Forces and Corps
in public places, these treatments are supplemented by the LOPD in aspects such as
the creation of files by means of a general provision published in an official
newspaper, which are discussed below.

----
The use of surveillance systems by video cameras can lead to the creation of files.
The RDLOPD specifies in which cases a file will exist:

File:
Any organized set of personal data that allows access to the
data according to certain criteria, whatever the form or modality of its creation,
storage, organization and access.

If the video surveillance system generates a file, the person in charge must notify
previously the Spanish Agency for Data Protection, for registration in the General
Registry of the same. This will happen whenever there is some kind of recording.

In the case of publicly owned files, they must first be created by means of a
general provision published in the corresponding official journal in accordance
with the provisions of Article 20 of the LOPD, to subsequently proceed with their
registration.

Remember that the Spanish Agency for Data Protection facilitates registration using
a predefined model through the system of Telematic Notifications

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