ARCO Rights  What are they? + Features and Exceptions ▷ 2020

In an era when we are forced to provide personal information of all kinds, and given the risks that sometimes said information may be used abusively, the ARCO rights they must be known to all.

Beyond be vital to safeguarding our reputation, these rights provide us with a greater degree of peace of mind regarding Privacy, also help in the appearance of the security and protection of the data provided.

In this post you will find everything you need to know about ARCO rights, their features and the way you can enforce them before some eventualities.

What are ARCO rights and why should you know them?

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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 of them (Access, Rectification, Cancellation and Opposition).

Every time you provide your personal data, whether to a private company or a public entity, rights ARC allow you a series of actions to ensure you have control permanent information about your personal information. That is something of the utmost importance, especially in these times when your data may be scattered on many sites, such as web pages and databases of all kinds.

Access, Rectification, Cancellation and Opposition: Know in detail all ARCO rights

To assert your rights, it is necessary first get to know them fully, and the rights ARC They are not the exception, being 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 ask, and especially 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.

Whenever requested, on the origin of the data that may be in the possession of entities or people to whom he has not personally delivered them. Its importance lies in the fact that sometimes you may be receiving communications from companies or businesses, which undoubtedly have your data without your consent.

Right of Rectification

It is the power that each person has to request that their data be corrected and updated, with which they will be in accordance with the purposes for which they have been collected. This 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.

Cancellation Right

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, some of the data that you have 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 to not have your personal data processed without your consent, that is, obtained in an unclear way. Along with being the ARCO right most used by the general public, it is very important that it is 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?

ARCO-rights

Another thing that is important to know is that ARCO rights have two main characteristics, whose knowledge will make it easier for you to understand and reach:

They are very 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 legal formalities. In the event that the affected person is a minor or a disabled personIt is up to the parents or a guardian to comply with the pertinent procedures. If the previous precepts are not complied with, the person responsible for the file may refuse to attend 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 others.

How to enforce 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 ARC, and to respond to requests within the deadlines set by said law. Similarly, the person responsible for the file is legally obliged to provide at all times, and for free, the exercise of these rights.

For this, each person must have the following documents:

  • Name and surname Of the interested
  • Photocopy of 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 formula, if any

In those cases in which the person responsible for the file denies a person the exercise of their rights ARC, without making a difference as to whether this is partially or totally, said person may request guardianship of the Spanish Agency for Data Protection (AEPD). This agency, in addition to ensuring that the person responsible for the file complies with the legally established deadlines to respond to citizen complaints, 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 reasons of State, such as those that we will mention below:

  • The safeguard state security.
  • Defending and security public
  • Prevention, investigation, detection and punishment of criminal offenses
  • Protection of rights and freedoms third party
  • Administrative procedures to ensure compliance with tax obligations

However, also in these cases the person subject to the denial of your ARCO rights, you can appeal the measure before the AEPD, by what is determine if such measure is appropriate or inappropriate, and act accordingly.

If you have any questions, leave them in the comments, we will answer you as soon as possible, and it will also be of great help to more members of the community. Thank you! 😉

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