Guide online Open Government intimacy and privacy good practices
This guide sets out the good practice policy regarding online intimacy and privacy in the sphere of Open Government undertaken by the Basque Government-Eusko Jaurlaritza.
Beyond transparency, reusing the information from the public sector or the making available of the citizens of the necessary thematic channels to relate with the Public Administration complying in all cases with current legislation, one of the key aspects in an online Open Government arena is to be able to react with the citizens, collect their initiatives, concerns, as well as to report on the Government action. This interaction raises huge challenges currently regarding privacy and intimacy, with it being necessary to establish clear guidelines to protect those fundamental rights in the online and open world in which we find ourselves.
Personal data protection
Aware of the important of the fundamental right for personal data to be protected, the Basque Government has established privacy policies in the online arena (subdomains, portals, social networks, etc.) aimed at complying with the principles established in the relevant legislation.
In all the domains, platforms or social networks where personal data is collected or processed, its users are informed of the identity of the owner or manager of the file, of the purpose of the data requested or collected, the possibility of exercising the rights to access, rectify, challenge or cancel the data, along with the possible assignment of their personal data to third parties. The user is always informed of and agrees to the processing of their personal data.
Those policies likewise set out all the technological features that may affect that personal data, such as cookies, visit analysis system, IPS storage, access logs, etc., in addition to the systems comply with the security measures required to process this data typology.
The personal data collected are stored in files that are duly registered with the Basque Data Protection Agency in accordance with the relevant European, Spanish and Basque legislation. The user may check their effective registration, the ownership of the records and the purpose of the files at the Records of the Basque Personal Data Protection Agency.
In the case of any query regarding the privacy policies, the user may consult them at the links established for that purpose, or may contact the relevant webmasters, or in the last resort, use the relevant procedures to exercise the rights in question.
Right to Honour, to Family and Personal Privacy and to Personal Image
In the case of taking, collecting, processing, publishing or dissemination of photographs, images, videos, etc in which people appear, the Basque Government holds the relevant authorisation of the holder of the image rights for such purposes or, where applicable, is duly empowered for their publication based on the exceptions established in the relevant legislation: Act 1/1982, of 5 May, regarding Civil Protection of the Right to Honour, to Family and Personal Privacy and Personal Image. In any event, as it is the policy of the Basque Government to fully respect intimacy and privacy, the person affected by a photograph, image or video that wishes it to be removed, may contact the managers of the site where it is located for it to be removed as soon as possible.
Likewise when holding events, the people present will be duly notified and their authorisation obtained regarding the possibility of the recording of the images, sounds, photographs taken, etc., in order to publish them online to disseminate the event and their storage in an online open repository.
One of the most worrying aspects regarding online intimacy and privacy refers to the personal data and privacy of minors. Therefore, the Basque Government in its Open Government policy is acutely aware of the protection that minors must be given and in all its actions, it shall strictly comply with the legislation relating to the minor by seeking the consent of the parents, guardians or legal representative of the minor in the case of the personal data collection of minors under 14 years old, along with the consent of the minor or his/her parents, guardians or legal representatives regarding the image rights and to personal and family privacy.
PRIVACY - INTIMACY MODELS
Event image/photography recording information model
The people present and participants are informed that the event will be recorded and photographs will be taken during it, and that both the recordings and photographs can be stored, published and disseminated in the online official platforms and channels of the Basque Government. The person in question may likewise exercise the rights to access, rectify, cancel and challenge, and any other relevant rights regarding the right to honour, image and family and personal privacy by writing to the following address: Calle Navarra, nº 2, 01007 Vitoria-Gasteiz.