Decree 318/1994, of the 28th of July regulating the Recognition and Registration of Basque Centres located outside the Autonomous Community implements, through a set of regulations, Law 8/1994 of the 27th of May which deals with such matters.
With regard to the Registration of Basque Centres, Chapter II of the above-mentioned Decree determines the organization and operation of said Centres and also regulates access to their data banks. In this latter aspect, the process of collecting information which is necessarily carried out when recognizing and subsequently registering the different Basque Centres reveals that the public nature of the Register, which is legally established, must respect the right to privacy which is protected by the legal system of those States where Basque Centres are located, including Spain which has a Basic Law (number 5/1992, of the 29th of October) to regulate the computerized treatment of personal data.
As the Register of Basque Centres contains personal data about said Centres´ members, something which is necessary for the register to be able to fulfill its aims (as indicated in Article 9 of Decree 318/1994), it is necessary to limit access to this information. Hence, this Decree modifies Articles 8 and 12 and excludes unlimited access to personal data, thus respecting the legitime right of people to their own privacy (something which is honoured in our legal system and in the legal system of other States where Basque Communities live).
Pursuant to this, on proposal from the Presidency and after deliberation and approval by the Government´s cabinet meeting held on the 14th of May 1996,
I ORDER:
Article 1.- Modification of Article 8 of Decree 318/1994, of the 28th of July.
Article 8 of the above-mentioned Decree is modified by a third section which reads as follows:
"3. With regards personal data, it will only be possible to consult or obtain this type of data with the express authorization of the person to whom said data refers, who at all times may exercise their right to access, rectify or remove any of the information registered there which affects said person in accordance with the laws which regulate data protection".
Article 2.- Modification of Article 12 of Decree 318/1994 of the 28th of July.
Article 12 of the above-mentioned Decree is modified and now reads as follows: "Article 12.- Apart from the file where the documents which are the basis of the corresponding inscriptions and annotations are kept, the body in charge of the Register will have the necessary computer equipment to make it easier to conserve and handle said data as well as to provide public access to the data base in accordance with that which is stipulated in article 8 of this Decree".
FINAL PROVISION
This Decree will come into force the date after it is published in the Official Bulletin of the Basque Country.
Vitoria-Gasteiz, 14th May, 1996.
The Lehendakari,
JOSÉ ANTONIO ARDANZA GARRO
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