Navantia provides the following forms which you may use to exercise the rights described on this page.
DATA SUBJECTS’ RIGHTS
The rights data subjects may exercise are defined in the GDPR from article 15 to article 22 and are described as follows in this section:
Right to access
Data subjects have the right to obtain confirmation from Navantia as to whether their personal details are being processed or not, and if they are being processed, they are entitled to access their personal details and the following information:
- the purposes of processing.
- the personal data categories in question.
- the data transferees or the transferee categories to whom their personal data will be transferred, particularly third parties or international organizations.
- if possible, the period their personal details will be kept for, or, if this is not possible, the criteria employed to determine such period.
- the existence of the right to request the Data Protection Officer to rectify or erase their data, or limit processing of the data subject’s personal details, or to object to such processing.
- the right to file a claim before a controlling authority.
- when the personal details have not been obtained from the data subject, any available information about the source.
- the existence of automated decisions, including profiling, as referred to in article 22 of the GDPR, sections 1 and 4, and in these cases at least, the significant information about the applied logic, and the importance and consequences of the said processing for the data subject.
Likewise, when personal data are transferred to a third party country or to an international organization, the data subject will be entitled to be informed about the appropriate guarantees in view of article 46 of the GDPR in regard to data transfer.
Navantia will provide a copy of the transferred personal details, and will be entitled to charge for any further copies requested the data subject may request, based on reasonable administrative costs. When the data subject submits a request via electronic means, and unless the data is requested in a different format, the information will be sent via electronic channels in a commonly used format.
Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed.
Right to erasure (right to be forgotten)
The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- the data subject withdraws consent on which the processing is based and there is no other legal ground for the processing.
- the data subject objects to the processing pursuant to Article 21, section 1 and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21, section 2.
- the personal data have been unlawfully processed.
- the personal data have to be erased for compliance with a legal obligation in Union or Member State Law to which the data controller is subject.
- the personal data have been collected in relation to the offer of information society services referred to in Article 8 of the GDPR, section 1. 2.
When the controller has made the personal data public and is obliged pursuant to the GDPR to erase the personal data, Navantia, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure shall not be applicable when processing is necessary for:
- exercising the right of freedom of speech and information.
- compliance with a legal obligation which requires processing by Union or Member State law to which
- Navantia is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in Navantia.
- reasons of public interest in the area of public health in accordance with article 9 of the GDPR, section 2, letters h) and i), and section 3.
- archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 of the GDPR, section 1 in so far as the right is likely to render impossible or seriously impair the achievement of the objectives of that processing.
- the establishment, exercise or defense of legal claims.
Right to restricted processing
The data subject shall have the right to obtain from Navantia restriction of processing, where one of the following applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
- Navantia no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
- the data subject has objected to processing pending the verification whether the legitimate grounds of Navantia override those of the data subject.
Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
A data subject who has obtained restriction of processing shall be informed by Navantia before the restriction of processing is lifted.
Right to data portability
The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to Navantia, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from Navantia when the following two requirements are met:
- processing is based on consent or on a contract.
- processing is carried out by automated means.
In exercising his or her right to data portability, the data subject shall have the right to have the personal data transmitted directly from Navantia to a new controller, where technically feasible.
Exercising the right to data portability, shall be understood without prejudice to the right to erasure (right to be forgotten). That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Navantia.
This right shall not adversely affect the rights and freedoms of others.
Right to object
The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on article 6 of the GDPR, section 1, letters e) public interest or f) legitimate interest, including profiling based on those provisions. Navantia shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.
At the latest at the time of the first communication with the data subject, the right referred to shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89, section 1, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Automated individual decision-making
The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
The data subject will not be entitled to exercise this right if processing:
- is necessary for entering into, or performance of, a contract between the data subject and Navantia.
- is authorized by Union or Member State Law to which Navantia is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests.
- is based on the data subject’s explicit consent.
In the cases referred to in points a) and c) above, Navantia shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of Navantia, to express his or her point of view and to contest the decision.
The exceptions described above shall not be based on special categories of personal data except when the data subject has given his or her explicit consent for the processing of the said personal data with one or more of the specified purposes, or if treatment is necessary for reasons of essential public interest.
Exercising rights on the data of deceased data subjects
As established in Article 3 of LOPDGDD in relation to deceased persons, the following rights are considered in regard to the persons related to the deceased data subject:
- The persons related to the deceased data subject through family or de facto ties, and their heirs, may address Navantia in order to request access to the deceased’s personal data, and where applicable, request rectification or erasure. As an exception to the foregoing, they may not access the deceased data subject’s details, or request rectification or erasure when the deceased had explicitly forbidden such, or if it is established by law. This prohibition shall not affect the heirs’ rights to access the equity details of the deceased data subject.
- Any persons or institutions specifically appointed by the deceased data subject for this purpose may also apply to Navantia for access to the deceased’s personal data, and where applicable rectification or erasure, in accordance with the instructions received.
- When the deceased data subject is a minor, the right to access, and rectification or erasure where applicable, may be exercised by his or her legal representatives, or by the Public Prosecution Department, who may act ex-office or on request by any interested natural or legal person. In the event of death of disabled persons, these rights may also be exercised by the people stated in the preceding paragraph and by those who have been appointed to exercise the functions of trustee, providing those functions are included in the measures provided by the appointed party.
Requirements for dealing with rights
Attending to rights exercised before Navantia shall be governed by the following requirements:
- Dealing with applications to exercise rights: Navantia will deal with the exercising of rights in view of articles 15 to 22 of the GDPR, except in cases where Navantia is able to prove that it is unable to identify the interested party.
When Navantia has reasonable doubts about the identity of the natural person applying to exercise rights, it may request additional information to be furnished as necessary to confirm the identity of the data subject.
- Deadlines: Navantia will deal with applications to exercise rights within the deadline of one month from reception of the application. This deadline may be extended to two months if necessary, taking into account the complexity and number of applications, in which case Navantia shall inform the data subject about the extended deadline within one month of receiving the application, and must duly state the reasons for the delay.
- Channels: When the data subject submits an application via electronic means, and unless the data is requested in a different format, the information will be sent via electronic channels.
- Refusal: If Navantia is unable to deal with the data subject’s request, he or she shall be informed without any undue delay, at least within one month from reception of the application, informing him or her about the reasons for refusal and the possibility of filing a claim before the Spanish Data Protection Agency (AEPD) and exercising legal action.
Dealing with requests to exercise rights will be free, except for any cases where they are excessive or unfounded, particularly in regard to repetitive requests, in which case Navantia may:
- Charge a reasonable fee in accordance with the administrative costs incurred to provide the information or to deal with the requested action.
- Refuse to act on the application.
Navantia shall be responsible for proving obviously unfounded or excessive requests.
Inbound channels for receiving requests to exercise rights
The means established for data subjects to submit applications to exercise their rights are as follows:
- Personally: by submitting an application to exercise rights through any inbound document register at Navantia, addressed to the Data Protection Officer.
- By post: ordinary post addressed to Navantia S.A. – C/ Velázquez, 132 – 28006, Madrid stating the subject: FOA: Data Protection Officer
- Filling in the forms provided in this section.