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Artur Mas will not be able to use the municipal registers of the Catalan town councils to create his own electoral census for the independence referendum. The Government will prevent this by forcing the Generalitat to comply with the Data Protection Law, which prohibits it. The State, through the State Agency, has already sanctioned several public administrations for violating the right to privacy of citizens. At the beginning of the year, the Generalitat announced, through its vice president, Joana Ortega, that, if the Rajoy Government continued to refuse to agree on the conditions to hold the referendum in Catalonia, the regional Executive would create its own electoral census to be able to organize the referendum. independence referendum . Artur Mas' team has contacted, in recent weeks, the mayors of CiU and ERC to request the register of the municipalities in which they govern , with the aim of thus creating their own census outside the State. The Generalitat has given itself until September. If the central government maintains its negative position, it will use the voter file extracted from the data of the town halls. Right to privacy As El Confidencial Digital has learned from Government sources, the Executive is aware of these movements of the Generalitat and is preparing the legal argument that will prevent the creation of an electoral census through the municipal registers. Moncloa will rely on article 18 of the Constitution and the Data Protection Law .
The government sources consulted explain that, if the initiative to create a census is confirmed, Artur Mas' team would be violating a fundamental right included in the Magna Carta: the right to personal privacy. Data Protection Act This right to personal privacy is 'shielded' by the Data Protection Law of 2009. The Government will use the following articles of the text to block the Generalitat's attempt: -- Article 4, on data quality : Personal Phone Number List data processed may not be used for purposes incompatible with those for which the data were collected. Therefore, the use of municipal registers to create an electoral census not approved by the State is illegal, and will be declared so. -- Article 5, on the right to information in data collection : The interested parties from whom personal data are requested must be previously informed in an express, precise and unequivocal manner. The Government is aware that the town councils have not informed citizens of the sending of the registers to Barcelona, which is why, likewise, this action constitutes a crime. Furthermore, when collecting this data there must be prior consent from the individuals, as stated in article 6 . This point of the Law specifies that consent is not necessary when the Public Administrations collect it “within the scope of their powers.” However, the Executive recalls that the Generalitat "does not have the power to call the independence referendum." Illegal a census from the Catalan Health System As announced in these pages , the Generalitat uses another formula to create its own census in view of calling the referendum.
An internal report from the Government of Artur Mas includes the option of using the data managed by the Catalan Health System to give names and surnames to all possible participants in the consultation. The document, prepared by the Institute of Autonomous Studies, indicates that this census would also include all citizens over 16 years of age, or immigrants who have regularized their situation in the community. Well, the Government assures that this procedure to create a census that would be used in the referendum can also be declared illegal using the Data Protection Law, which explicitly speaks of the related private information. with health . In article 8 of the aforementioned law, it is specified that patient health data may only be used by public and private health centers, but not by any other institution. There have been sanctions against local and regional governments If the Generalitat fulfills its purpose and prepares its own electoral census through the municipal registers or the Catalan Health System, the State will immediately sanction the Government of Artur Mas , as well as the city councils that have transferred information to Barcelona. on its citizens. The sources consulted by ECD recall that the Generalitat would not be the first regional or local Executive to be sanctioned for failing to comply with the Data Protection Law. In recent years, there have been “a large number of cases.” The most popular ones were the following: --In October 2010, the Xunta de Galicia was sanctioned for revealing, through Education, reports of a minor with a disability. --In June 2012, the Andalusian Government was sanctioned after the Provincial Delegation of Culture threw dozens of documents into the trash, among which there were some that contained personal information and that could have fallen into the hands of others.
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