Wednesday, July 11, 2012

A Voice Is personal data?


Or in other words ... the voice can identify an individual by itself?

Curious case east of the voice.

On the one hand, if we all listen to an audio recording of our parents or siblings, surely identify them instantly, as if we see them in a video recording or read your name.

However, the voice has a much smaller relationship with the person your own image or name. How often have we received phone calls and have taken a while to recognize a friend I see every week ... or a colleague whom we see every day.

In any case, it seems clear that if I hear the voice of a person you have not had any kind of relationship, I will be impossible to identify ... but if it is part of my personal circle, family or work could potentially identify you.

But is a fact may be "personal" in an environment ... and "personal" in another?

Something like we had years ago Samuel Parra on the silhouette.

Given that the Data Protection Act does not discriminate environments, it seems that the "identifiability" of a person in their personal, family or work, rub off all voice recording with full compliance with the Data Protection Act.

And what does the AEPD about it?

Well, as often happens ... it has everything.

On the one hand, the Report 497/2007 of the Legal Department of the AEPD virtually confirms that the voice makes an identifiable individual, and therefore, applies the Data Protection Act. For this, the AEPD resort to the High Court Judgement of March 8, 2002, which says that "there is a personal data (as opposed to dissociated data) is not essential to a full agreement between the data and specific person, but it is enough that such identification can be done without disproportionate effort "and" to determine whether a person is identifiable, consider all the means likely reasonably to be used by the controller or by any other person to identify that person. " In addition, the definitions used AEPD on data protection, to make clear that acoustic information can also be a personal data ... ergo, an audio recording, is fully affected by the Data Protection Act.

However, on the other hand, the Report 190/2009 of the Legal Department of the AEPD seems to contradict the previous report. Specifically, the Agency says that "... such recordings have significance and fall within the scope of the Act since the time that can be collected in the same personal data of customers who contact the service (...) Even when we was in a situation in which personal data exists .... "

Leaving open the possibility that there is no recording personal data, are being denied that the voice alone, is a personal data.

Finally, in case, treat the voice as if it were ... not going to be the inspector on duty out of bed with the foot that is not.

As a simple joke ... if the voice was a personal data ... what would happen to the followers of voices?

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