[pp.int.general] Board meeting protocols of Pirate Parties

[Antonio Garcia]

It might be because not really understanding the situation they simplify everything taking at once the toughest solutions.

The LOPD, Organic Law on Data Protection, is a law that handles the use and abuse of data collections stored in databases, and the consent part of it merely enforces the fact that one is not allowed to use the collected information for any purpose not explicitly mentioned to the subject whose data were collected and thus obtained permission for by the mere act of giving the data at that moment for only the at that moment stated purposes.

What our colleagues do not seem to understand, is that it is one thing, punishable under LOPD, to use exactly that collected data... for other purposes, and something completely different to believe that because you have in your database a given set of data about one person you can never ever mention that person anywhere anymore.

As far as member databases go, it is not permitted to use the data obtained for the database, from the database, to do with it anything unrelated to the internal handling of anything related to membership, its rights and its duties by both sides of the membership agreement. And I believe it to be all there is regarding the involvement of the database.

I believe that participating in any activity such as a meeting creates an independent set of data with independent situational conditions where on the spot participation is subject to known criteria (the fact that minutes will have to be written and published to fulfil the Pirate Party pledge of public transparency) anybody participating explicitly consents to. Any possible situation not compatible with this should be dealt with by way of known and established procedures to decide to withold the presence of persons or the mentioning of specific subject matter from the minutes. That is, a way to be able to agree before each meeting what and why should not be mentioned. Be it by using pseudonymes, simply erasing anything a single person said, simply erasing anything about certain subjects, or any other procedure known to and approved by all the participants (special care should be taken to inform new participants about the applicable conditions and measures of his choice if any). Anyone can freely choose to participate or not at any meeting under the knowledge of what he really consents to.

Maybe this little contribution of mine can help shorten the discussion by framing the issue better (or maybe it achieves the opposite, depending on how much some really want to understand).


Antonio.
PP-ES
 
Date: Sun, 7 Oct 2012 14:08:12 +0200
From: jakobsheep at gmail.com
To: pp.international.general at lists.pirateweb.net
Subject: Re: [pp.int.general] Board meeting protocols of Pirate Parties



great news Kenneth, only I still do not understand the relation between the given law and not publishing the minutes. Privacy matters are irrelevant to this law. What I say is that the use of this argument is invalid. And therefor I ask again what is the reason not to publish the minutes right now? Please understand me, this is not an attack, but since the Catalonian pirates are the only pirates not publishing these minutes and in my trying to understand international relations I still have my formal question open. I understand the need of editing of the past minutes, but what is the procedure for the next meeting or otherwise put, can we see it on the our list then? (since there is no legal reason for this)


Anouk
On Oct 7, 2012 12:14 p.m., "Kenneth Peiruza" <kenneth at pirata.cat> wrote:

That is exactly.what we said we approved in my email xD


Salut! 
Anouk Neeteson <jakobsheep at gmail.com> escribió:
Hi Kenneth, thanks for the quick reply. Ans as always, an answer gives

another question. The sanctions mentioned in Artículo 45 are only for
those that enforce 'confession', it does NOT state:" It's is strictly
forbidden to reveal the ideology of a person." But it would be like:

"It is strictly forbidden to enforce to have someone reveal his/her
ideologie." So I don not understand the argumentation NOT to share the
general assembly's minutes because of the LOPD.
In the Netherlands if someone does not want to have their name

published, they got a pseudonym for that purpose. Why don't you do it
the same way in Catalonia? Especially since it is so essential for the
transparency as you claim to support.

Anouk Neeteson
member international coordination Belgium and the Netherlands.

(proposing an international coordination team in France next AG in Montreuil)


On 7 October 2012 09:23, Dario <dario at pirata.cat> wrote:
> 2012/10/7 Anouk Neeteson <jakobsheep at gmail.com>

>>
>> Hi Kenneth, can you give me the precise text in the Spanish LOPD ? I
>> am very curious how it states / defines:  " It's is strictly forbidden
>> to reveal the ideology of a person." ? And I can not find it, but

>> again my Spanish is really bad :)
>
>
> http://noticias.juridicas.com/base_datos/Admin/lo15-1999.t2.html#a7

>
>> Artículo 7. Datos especialmente protegidos.
>>
>>
>>
>> 1. De acuerdo con lo establecido en el apartado 2 del artículo 16 de la
>> Constitución, nadie podrá ser obligado a declarar sobre su ideología,

>> religión o creencias.
>
>
> Quick translation:
>
>> Article 7. Sensitive data.
>> 1. By Constitution, nobody can be forced to tell about their ideology,
>> religion or beliefs.

>
>
> And the fine for doing something like publishing the political affiliation
> of people is stated here:
> http://noticias.juridicas.com/base_datos/Admin/lo15-1999.t7.html#a45 "Only"

> between 300.000 and 600.000€.
>
> --
> Dario Castañé
> http://www.dario.im | http://twitter.com/im_dario

>
>
>
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