Request for the exercise of personal data portability right

What does it allow?

Request and receive personal data:

Data of interest, as long as it has been previously provided to an institution officer of processing data via a structured format, of common use and machine-readable.

Transferring the data to another processing officer:

a) Without being blocked by the current processing officer
b) Directly, without intermediaries, as long as it is technically possible

Portability right can be exercised without any justification.

A copy of the personal data subjected to processing by BASE – Gestió d’Ingressos will be provided. This right of copy cannot negatively affect the rights and freedoms of third parties, in this case partially delivering the information or denying it will be determined.

The information requested will be received in a readable and intelligible format requested.

Following exceptions to the exercise of right to be considered:

  • If there is a legal prohibition.
  • If there is a risk of the State Defence.
  • If the public security must be ensured. 
  • If the rights and freedoms of third parties must be protected. 
  • If there is a police intervention. 
  • If the tax obligation must be fulfilled.
  • If the public finance inspects the affected party.

The right of portability is regulated by the articles 20 of the European general regulation 2016/679 of the 27th April of data protection.

Who can apply?

The same data subject, properly identified or a representative, also identified, in the following cases: under the age of 14 years old, over the age of 14 if the Law requires it, disabled people or by individual decision.

When to request it?

At any time.

Documentation to be provided

  • Application form of request for the exercise of the right to remove personal data.

How to request it?

To start the process application you must fill in the application form and electronically process it, in person or by any other method established by the Law 39/2015, of 1st of October, of administrative procedure common at public administrations. 

  • Electronically: access at application form, and fill it in according to the instructions.
  • In person: fill in the application form *, print it and present it at the help desks in terms of Register of BASE- Gestió d’Ingressos (Income Management).

Application form

Request period to respond

As from the application form reception, there is a one-month period to answer, whether the data is available or not. Before the period finishes, the request period could be extended for two months if necessary, considering the complexity and amount of requests, providing the person concerned with the reason of the extension.

If after that time there is no answer, or you do not agree with it, you can address to s.dpd@base.cat where the person in charge of data protection will solve your doubts or concerns. Even if we believe you can solve your doubts this way, if you consider it appropriate, you can file a complain to the Autoritat Catalana de Protecció de Dades (APDCAT) through their website: http://apdcat.gencat.cat/ca/drets_i_obligacions/reclamar_i_denunciar/

Does it have any cost?

It does not have any cost.

Nevertheless, in the case of excessive or unfounded requests specially due to being repetitive, a reasonable price could be charged or acting according to the request could be refused (art. 12.5 RGPD).

 

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