The processing of personal data has three distinct phases, the stage of collection of data, the treatment itself and finally the cancellation or completion of the treatment. This last stage is of great importance that we need to know what means this end and how to act with the data. Normally when we talk about end of something, the first thing that comes to mind is because you can delete or destroy, but this is not necessarily the case when we treat personal data by what we are going to analyze briefly as he completes treatment and actions to take. The end of the treatment of the data can come from two causes, which disappears the purpose for which they were collected or by request express the affected in the exercise of their rights. Thus article 4 which establishes one of the fundamental principles of the data protection Act says that the personal data will be cancelled when they are no longer being necessary or pertinent to the purpose for which they were collected or recorded. Not will be kept in a form which permits the identification of the person concerned during a period longer than necessary for the purposes on the basis of which they were collected or recorded. The reading of the text we are left with the idea that the fundamental factor that we must take into account the purpose for which collected the data, once the purpose, the data is gone also.
In principle it seems easy but as everything has its exceptions and terms that are not what in principle a person who does not know in depth the law could be interpreted. When us refers to cancel a personal data, own destruction must not understand this, but is a broader term can be attributed to which various concepts. On the one hand can be understood as a maintenance of the data but without use, and on the other the own disposal or destruction. Legislation on data protection is not unrelated to the obligations, requirements and responsibilities imposed by law firms or self-employed as responsible of the treatment, therefore that in response to these needs either fiscal, labor, administrative or to the branch that correspond, data protection legislation foresees the possibility of maintaining data whose purpose has already disappeared or whose cancellation has been requested by the affected party. We could define this case as a cancellation of usage, i.e.
I can maintain the data during the time that the corresponding legislation obliges me to meet possible requirements of management information, but does not allow me to use them for anything else, I could say that they are activity paragraphs waiting for sold out the term to which they are subjected by other lawto later be destroyed. It is important to highlight that this is not a blank cheque to keep data, it must be the provisions, and by the deadlines laid down in the laws that are applicable to the case. Finally, and now yes, once you have exhausted deadlines data must be destroyed. Remember that you must be destroyed always by means that ensure that the information can no longer be recovered by any means, i.e., shredders should be used always, formatting computers or brackets, firms certified destruction, etc. Audea information, S.L. Alvaro Aritio Department right ICT security