National Hearing

Or in other words can the voice identify a physical person by itself? Peculiar subject, this of the voice. On the one hand, if all we listened to an audio recording of of our parents or brothers, surely we identify to them right away, just as if we see them in a recording of video or read its full name. Nevertheless, the voice has a much smaller entailment with the person than its own image or its name. How many times we have received telephone calls and we have taken awhile in recognizing a friend to which we see every week or a fellow worker which on a daily basis we see. In any case, it seems clear that if I listen to the voice of a person with whom I have not had any type of relation, it will be absolutely impossible to me to identify it but it comprises of my personal, familiar circle or labor, potentially it could identify to him. Perhaps but a data can be personal in nonpersonal surroundings and in another one? Something similar told years ago Samuel us Vine on silhouette. Considering that the LOPD does not discriminate surroundings, everything aims at that identificabilidad of a person in its personal, familiar or labor surroundings, would infect to all recording of voice with the complete fulfillment of the LOPD. And what says the AEPD on the matter? Then as usually it passes has of everything. On the one hand, Report 497/2007 of the Legal Cabinet of the AEPD practically ratifies that the voice makes a physical person identifiable, and who therefore, applies the LOPD to him. For it, the AEPD resorts to Sentencia of the National Hearing of 8 of March of 2002, that says that so that exists a personal character data (in contrast with dissociated data) it is not essential a total coincidence between the data and a concrete person, but is sufficient whereupon such identification can take place without out of proportion efforts and to determine if a person is identifiable, is necessary to consider the set of the means that can reasonably be used by the person in charge of the treatment or any other person, to identify to this person.

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