Real BOE · Data protection

BOE: Organic Law 7/2021 and data protection in criminal investigations and infractions

Business summary of Organic Law 7/2021 published in the BOE and its importance for personal data processed in the prevention, detection and investigation of criminal infractions.

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· Editorial review: Blue Moon Cybertech

Published according to source: 2021-05-26
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BOE — Organic Law 7/2021

what has happened

The BOE publishes Organic Law 7/2021, relating to the protection of personal data processed for the purposes of prevention, detection, investigation and prosecution of criminal offenses and execution of criminal sanctions.

Why it matters

Although many companies will not be at the center of this standard, it may affect projects with administrations, security, investigation, digital evidence, incident management or collaboration with authorities.

What to check now

When processing logs, evidence, recordings, incident data or sensitive personal information, it is advisable to separate purposes, keep only what is necessary, control access and document legal basis and deadlines.

Relationship with cybersecurity

A security incident can generate evidence with personal data. Technical management must be coordinated with privacy: who accesses it, for what, for how long and how the information is protected.

Checklist for companies

  • Classification of evidence that contains personal data.
  • Control of access to logs and internal investigations.
  • Retention and deletion policy.
  • Traceability of queries and exports.
  • Coordination between security, legal and data protection.

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