Legal tip 323. Community of owners and data protection, I
Wednesday, July 28, 2010 @ 1:52 PM
The responsible party regarding protection of data of owners in a Community of Owners is the Community of Owners itself, through the figure of its President or Board of Directors.
The President of the community is entitled to access these data by the very title of President that the Community has given to him, so he is not required to obtain any specific consent for accessing the same, when necessary for the performing of his obligations with the Community of owners.
However, it is recommended that, by any of the means used by the community to inform, the different co-owners are informed on (i)the existence of a file of personal data, (ii)who is responsible for the file (President or another member of the Governing Board),(iii) where they can exercise their rights of access, rectification, cancellation and opposition, and in general, the parameters laid down in Article 5 of the Protection Data.
The Admnistrador de Fincas (a third party- individual or company-) hired by the Community to act as Secretary of the same is merely a user of these data.
If the Administrator has been entrusted with data custody care by the Community, he is also responsible for the custody and access to the same. The custody/access duties need to be clearly regulated in the contract relationship between Community and Administrator.
( more to follow tomorrow)
Maria