Starting point: was raised to the Spanish data protection agency inquiry concerning the publication on institutional web site of a University the contact details of the teachers without their consent. In particular, phone number and email address (both data strictly professional) account. AEPD, among other arguments contained in his report, CITES which in our view is crucial: article 2.2 of the regulation of development of the organic law 15/1999, of 13 December, of protection of Personal data, which provides as follows: this Regulation shall not apply to the processing of data concerning legal persons, nor to the files shall be limited to incorporating the data of natural persons who provide their services in thoseconsistent only in his name and surname, functions or positions, as well as the postal or electronic address, phone and fax number professionals. As we have pointed out in a recent article posted by Audea, AEPD reiterated in several resolutions that the treatment of the data of the contact person is referring to legal persons in which the person provides their professional services. Therefore, the processing of the data (phone number and e-mail address) must be accessories in relation to the purpose to be achieved. In AEPD’s view, the requirement of the accesoriedad must comply with two guidelines: first.-the data processed shall be limited to the merely necessary to identify the teacher at the University which provides educational services.
To counter sensu, any treatment that contains additional data will be subject to the scope of the data protection act. I.e. If the ID of the Professor would have included, I would Yes be regulated by the data protection act. Second.-the inclusion of data of the University Professor should be purely accidental with respect to the true aim pursued by the treatment, that it has to take up residence not in the subject, but in the entity in which the same It develops its activity or that he represents in its relations with those who treat the data. For the queried course, concludes that AEPD: the purpose of the file of contacts is limited exclusively to facilitate the development and maintenance of the teaching and training offered by the University through the incorporation of technologies of the information to the teaching methods () therefore, this treatment is excluded from the scope of the data protection act inasmuch as the identifying data of the University professors (phone and e-mail) appear exclusively related to your activity Professional in the University context.