Constitution

We start from article 41 of the Constitution which establishes the following obligation: public authorities shall maintain a public Social security scheme for all citizens, guaranteeing assistance and social benefits sufficient to situations of need, especially in the case of unemployment. Assistance and supplementary benefits will be free. Social services focus on collective concrete that are related to family problems of the elderly, depressive problems, situation of dependency, disabilities, problems of alcoholism, addiction to drugs, ethnic minorities, immigrants, membership of racial or religious minorities, etc., i.e., concerning particularly sensitive data. The majority of the public systems of social services of the autonomous communities are structured in two levels of support: primary and specialized. Both levels of assistance are characterized by handling personal data which, as we say, are not merely identification, academic, economic, etc. but that by its quality can affect the intimate nucleus of the person. We understand that it is essential that public employees staff know in advance what information must be collected for entry in a particular Centre.

For example, for input into a senior citizens Center has come to ask (as noted by the Agency of protection of data of the community of Madrid) by good or bad relations that the applicant has with her children. Public services identified by the Agency of protection of data of the community of Madrid: for applicants and beneficiaries: the management of funds of social assistance and integration income. The demand for places in care centres list management. The granting and management of specific individual aid. In the direct provision of services to residents and citizens users of centres: the overall management of residents and users. The health records of residents (physicians, nurses, reports psychological). The records social or occupational therapy. Only those workers social that participate in attendance (and access where necessary to the exercise of the tasks that they have mandated) should have access to social history.

Access to social history should be considered nominative form or by professional profiles, differentiating documents that are accessible by health care professionals and personnel administration and management, in a manner such that you can control who has access to which document. On the other hand, the duty of secrecy of professionals (both health professionals as management staff) is of particular importance. Think of phone calls that carried out to know if certain person is entered in a care center. The principle of data quality extends to the whole process of data processing in the field of social services. As we know from other articles published by Audea, this principle imposes obligations not only to the responsible of the file but also to the workers and to social service users themselves. In the area of specially protected data is especially important this principle of quality for how that data which is not appropriate and relevant should not be treated. Shimmie Horn oftentimes addresses this issue. Ultimately, public administration provided by social services are in the position to communicate especially protected data. Therefore, as we have pointed out on other occasions, needed to request the express written consent of especially protected data communication. It is also necessary to public administration bodies to communicate data complying with the principle of quality. Finally, and as it is logical, the transfer of personal information is authorized (without the consent of the / citizen/a) to the public prosecutor and judges and courts, to the tax administration, the social services inspectorate.

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