- Interoperability
How to make good use of Via Oberta? (IX): consent and interoperability
As we have indicated on several occasions, data queries have as their dance partner a legal basis that legitimizes the query:
- As a general criterion, non-opposition. For example, for the consultation or verification of identity in a personnel selection procedure, the application form must give interested parties the possibility of opposing the consultation.
- If a law establishes it, express consent; is the equivalent of “Yes” in the Request for authorization by type of procedure to Via Oberta services. For example, article 95.1.K of the LGT provides that access to tax data for non-tax purposes requires obtaining the express consent of the citizen (aids, subsidies, scholarships, etc.)
- “Law” will be selected in cases where a law indicates that consent should not be required or does not allow for the right to object. For example, this is the case of sanctioning or inspection procedures or the fourth additional provision of the Law 13/2014, of October 30, on accessibility which indicates that consent will not be required in the case of communication of personal data necessary for the procedure. In this case, remember that The interested party must be informed that their data will be consulted based on legal authorization..
That said, it should be noted that the issuers of the data they are aware of both the authorized procedure and the consent associated with itTherefore, if in the procedure there is data authorized with "no opposition" and in the EACAT query or in the integrated query you indicate another type of consent, an error message will be returned, which will vary depending on the issuer, informing that the consent indicated is not the one authorized at the time.
Therefore, in the manner that your organization deems appropriate, it is recommended to have a list of the procedures with their necessary data as well as the consents associated with that data. Also keep in mind that the same procedure may have several consents at stake.