Article 2
Material scope
(12) Whereas the protection principles must apply to all processing of personal data by any person whose activities are governed by Community law; whereas there should be excluded the processing of data carried out by a natural person in the exercise of activities which are exclusively personal or domestic, such as correspondence and the holding of records of addresses;
(13) Whereas the acitivities referred to in Titles V and VI of the Treaty on European Union regarding public safety, defence, State security or the acitivities of the State in the area of criminal laws fall outside the scope of Community law, without prejudice to the obligations incumbent upon Member States under Article 56 (2), Article 57 or Article 100a of the Treaty establishing the European Community; whereas the processing of personal data that is necessary to safeguard the economic well-being of the State does not fall within the scope of this Directive where such processing relates to State security matters;
(14) Whereas, given the importance of the developments under way, in the framework of the information society, of the techniques used to capture, transmit, manipulate, record, store or communicate sound and image data relating to natural persons, this Directive should be applicable to processing involving such data;
(15) Whereas the processing of such data is covered by this Directive only if it is automated or if the data processed are contained or are intended to be contained in a filing system structured according to specific criteria relating to individuals, so as to permit easy access to the personal data in question;
(16) Whereas the processing of sound and image data, such as in cases of video surveillance, does not come within the scope of this Directive if it is carried out for the purposes of public security, defence, national security or in the course of State activities relating to the area of criminal law or of other activities which do not come within the scope of Community law;
(17) Whereas, as far as the processing of sound and image data carried out for purposes of journalism or the purposes of literary or artistic ex
Regulation
Art. 2 1. This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. 2. This Regulation does not apply to the processing of personal data: (a) in the course of an activity which falls outside the scope of Union law; (b) by the Member States when carrying out activities which fall within the scope of Chapter 2 of Title V of the TEU; (c) by a natural person in the course of a purely personal or household activity; (d) by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. 3. For the processing of personal data by the Union institutions, bodies, offices and agencies, Regulation (EC) No 45/2001 applies. Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of personal data shall be adapted to the principles and rules of this Regulation in accordance with Article 98. 4. This Regulation shall be without prejudice to the application of Directive 2000/31/EC, in particular of the liability rules of intermediary service providers in Articles 12 to 15 of that Directive. |
Directive
Art. 3 1. This Directive shall apply to the processing of personal data wholly or partly by automatic means, and to the processing otherwise than by automatic means of personal data which form part of a filing system or are intended to form part of a filing system. 2. This Directive shall not apply to the processing of personal data: - in the course of an activity which falls outside the scope of Community law, such as those provided for by Titles V and VI of the Treaty on European Union and in any case to processing operations concerning public security, defence, State security (including the economic well-being of the State when the processing operation relates to State security matters) and the activities of the State in areas of criminal law, - by a natural person in the course of a purely personal or household activity. |
Spain
Article 2. Scope (Organic Law 15/1999 on the Protection of Personal Data) 1. This Organic Law shall apply to personal data recorded on a physical support which makes them capable of processing, and to any type of subsequent use of such data by the public and private sectors. This Organic Law shall govern any processing of personal data: a) When the processing is carried out on Spanish territory as part of the activities of an establishment belonging to the person responsible for the processing. b) When the person responsible for the processing is not established on Spanish territory but is subject to Spanish law pursuant to the norms of public international law. c) When the person responsible for the processing is not established on the territory of the European Union and is using for the processing means situated on Spanish territory, unless such means are used solely for transit purposes. 2. The system of protection of personal data laid down by this Organic Law shall not apply to: a) Files maintained by natural persons in the exercise of purely personal or household activities. b) Files subject to the legislation on the protection of classified materials. c) Files established for the investigation of terrorism and serious forms of organised crime. However, in such cases, the person responsible for the file shall previously inform the Data Protection Agency of its existence, its general characteristics and its purpose. 3. The following processing of personal data shall be governed by the specific provisions, and by any special provisions, of this Organic Law: a) Files regulated by the legislation on the electoral system. b) Those used solely for statistical purposes and protected by central or regional government legislation on public statistical activities. c) Those intended for the storage of the data contained in the personal assessment reports covered by the legislation on the personnel regulations of the armed forces. d) Those contained in the Civil Register and the Central Criminal Register. e) Thos deriving from images and sound recorded by videocameras for the security forces in accordance with the relevant legislation. Article 2. Objective scope of application, Royal Decree 1720/2007 implementing Organic Law 15/1999 on the Protection of Personal Data 1. This Regulation shall apply to personal data recorded on a physical support, which makes them capable of processing and to any type of subsequent use of such data, by the public and private sectors. 2. This Regulation shall not be applied to data processing regarding legal entities, nor to the files that only record data of individuals providing services in them, comprising only their name and surname(s), functions or jobs performed, as well as the postal or e-mail address and professional telephone and fax numbers. 3. Similarly, data relating to sole traders, when referring to them as traders, industrialists or ship owners, shall also be excluded from application of the system of protection of personal data. 4. This Regulation shall not be applied to data regarding the deceased. The aforesaid notwithstanding, relatives or others similarly associated with the deceased may contact the data controllers of files or processing containing the deceased’s data in order to inform them of the death, providing sufficient documentary proof, and requesting, where appropriate, erasure of the data.
|