Personal Data

Or in other words can the voice identify a physical person alone? Curious subject, this voice. On the one hand, if everyone listen to an audio recording of our parents or siblings, surely we identify them instantly, as if we see them in a video recording or read your name and surname. However, the voice is linked much less with the person than his own image or its name. Many times we have received phone calls and it took awhile to recognize a friend that we see every week or a co-worker that we see on a daily basis. In any case, it seems clear that if I hear the voice of a person with which I have not had any kind of relationship, I will be entirely impossible to identify it but if it is part of my personal, family or working circle, could potentially identify you.

Do but perhaps a datum can be personal in an environment and not personal in another? Something told us years ago Samuel Parra on the silhouette. Taking into account that the data protection act does not It discriminates environments, all indications are that the identifiability of a person in their personal, family or business environment, contagiaria entire recording voice with full compliance with the LOPD. And what says the AEPD thereon? As usual it has everything. On the one hand, the legal Cabinet 497/2007 report of the AEPD practically ratifies the voice makes identifiable to an individual, and that it therefore applies the LOPD. For this purpose, the AEPD resorts to the judgment of the national audience of 8 March 2002, which said that for the existence of a datum of personal character (as opposed to fragmented data) a full match between the data and a particular person is not essential, but it is sufficient that such identification can be made without disproportionate efforts and to determine whether a person is identifiableWe must consider the whole of means that can be reasonably used by the controller or by any other person, to identify that person. In addition, the AEPD It uses the definitions in the field of data protection, to make it clear that an acoustic information also can be a datum of personal character ergo, an audio recording, is fully affected by the LOPD.

However, on the other hand, the legal Cabinet 190/2009 report of the AEPD seems to contradict the previous report. In particular, says the agency that: such recordings have significance and fall within the scope of the law from the moment therein may collect personal data of customers who contact with Service () even when we are before a course where there is personal data. Leaving open the possibility that in a recording, there are no data of a personal nature, is is denying that voice, by itself, is a personal information. In short, if anything, try the voice as if it will not be that the inspector on duty out of bed with the foot that is not. As a simple joke if the voice is a fact of personal what happen with the imitators of voices?

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