May 23, 2018 10:29
6 yrs ago
17 viewers *
Spanish term
ostentar la titularidad
Spanish to English
Law/Patents
Law (general)
GDPR
El Responsable del Tratamiento es la persona física o jurídica, autoridad u organismo que ostenta la titularidad sobre los datos personales puestos a disposición.
I would appreciate your help with ostentar la titularidad in this context please. Does the Controller own/ hold/possess the personal data?
I would appreciate your help with ostentar la titularidad in this context please. Does the Controller own/ hold/possess the personal data?
Proposed translations
(English)
4 +3 | be responsible for | philgoddard |
4 -1 | displays the ownership... | Francois Boye |
4 -1 | claim the title/ownership | Maru Villanueva |
References
Data owner vs. Data controller | Robert Carter |
Proposed translations
+3
2 hrs
Selected
be responsible for
I'd normally say "owns", but that doesn't work here because the subject owns the data. But "to own" also now means to take responsibility for, which is a better translation here.
Peer comment(s):
agree |
Manuel Cedeño Berrueta
: Es lo que tiene sentido aquí; la frase en español me suena extraña
8 mins
|
So it's not just me! Thanks.
|
|
agree |
franglish
: I'd thought of that one, too.
42 mins
|
neutral |
Robert Carter
: Data subjects own the data pertaining to them as individuals, whereas the controller owns the data set. These concepts need to be defined correctly. The ST is misleading by using "titularidad", but I wouldn't do what you're suggesting.
1 hr
|
I don't think we should use the word "own". It's ambiguous, and your distinction between "data" and "data set" is confusing. The controller is the individual or entity with ultimate legal responsibility for the data.
|
|
neutral |
Andy Watkinson
: I tend to agree with Robert. And as to liability, the processor, any subprocessors are also liable. And even the data subject is liable for the accuracy of the data furnished. Pity they used "ownership"
2 hrs
|
agree |
Aurie Escobar Ramsey
3 hrs
|
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
-1
49 mins
displays the ownership...
My take
Peer comment(s):
disagree |
Aurie Escobar Ramsey
: this was my first impulse as well, but not in the context of data treatment, unfortunately.
5 hrs
|
-1
2 hrs
claim the title/ownership
Es lo que sugiero
Peer comment(s):
disagree |
Aurie Escobar Ramsey
: this was my first impulse as well, but not in the context of data treatment, unfortunately.
3 hrs
|
Reference comments
5 hrs
Reference:
Data owner vs. Data controller
From what I've read, data controller is the standard term in the EU, while data owner may be preferred in other jurisdictions, or simply a legacy term. The question of data ownership is a difficult one and the EU's General Data Protection Regulation seems to take great care specifically not to use the word "ownership" anywhere, either in English or Spanish, hence the terms "data subject", "data controller" and "data processor". Each party has rights and obligations regarding the data in their care, but the terms seem to be designed precisely to skirt the issue of "ownership" as we understand the term in relation to other property.
See for yourself here:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32...
The source text here uses "titularidad" in a way that will be confusing to most people because it is specifically saying that the data controller "holds the ownership" (read "owns") to the personal data made available to it, which is simply not true, at least in the EU under the GDPR.
Incidentally, here's a great article about why the concept of owning data is fundamentally unhelpful:
The data ownership delusion
Please, please, please: stop saying that the data is mine, or yours, or the dog’s
...
In case you wondered, the European Union’s General Data Protection Regulation (GDPR) you may have heard about in the news is all about rights. GDPR has no, zero, nada references to data ownership. Even the methusalems at the UK House of Lords have recently understood that...
...
Indirectly, the GDPR was a great push in this direction. The text of the law needed a definitions section (article 4) to be comprehensible, and it has become a de facto standard, specifying terms such as “data controller” or “data processor”. Even when the choice of words is not ideal, it is of paramount importance that we aim at developing a higher degree of shared meaning. It’s fine to say “my data”, but only as long as we all mean the same thing, and today we don’t.
https://medium.com/mydata/the-data-ownership-delusion-4012cc...
Having said all that, since this is a legal text, I'd be inclined to translate "titularidad" here as "ownership" because that is what the source text is saying, albeit mistakenly.
See for yourself here:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32...
The source text here uses "titularidad" in a way that will be confusing to most people because it is specifically saying that the data controller "holds the ownership" (read "owns") to the personal data made available to it, which is simply not true, at least in the EU under the GDPR.
Incidentally, here's a great article about why the concept of owning data is fundamentally unhelpful:
The data ownership delusion
Please, please, please: stop saying that the data is mine, or yours, or the dog’s
...
In case you wondered, the European Union’s General Data Protection Regulation (GDPR) you may have heard about in the news is all about rights. GDPR has no, zero, nada references to data ownership. Even the methusalems at the UK House of Lords have recently understood that...
...
Indirectly, the GDPR was a great push in this direction. The text of the law needed a definitions section (article 4) to be comprehensible, and it has become a de facto standard, specifying terms such as “data controller” or “data processor”. Even when the choice of words is not ideal, it is of paramount importance that we aim at developing a higher degree of shared meaning. It’s fine to say “my data”, but only as long as we all mean the same thing, and today we don’t.
https://medium.com/mydata/the-data-ownership-delusion-4012cc...
Having said all that, since this is a legal text, I'd be inclined to translate "titularidad" here as "ownership" because that is what the source text is saying, albeit mistakenly.
Discussion
The 1999 Spanish law (the famous Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal) uses the word "titularidad" precisely in this way. Chapter I of Title IV (Articles 20-24) is entitled "Ficheros de titularidad pública" and Chapter II (Articles 25-32) is "Ficheros de titularidad privada". In the definitions (Article 5) it clearly says "Afectado o interesado: Persona física titular de los datos que sean objeto del tratamiento", but the word "titularidad", which occurs many times in the text of this law, always refers to the ownership of the data files.
In other words, perhaps the writer means that they own the files containing the data (which is true) and has expressed this very loosely. Might that be the explanation?
The GDPR, while using phrases such as "own data", makes no specific reference to ownership, but rather, as you say, to "control" ("Natural persons should have control of their own personal data"). This is why I'd hesitate to use "control" here also; it might suggest that the "subject" has less control than the "controller".
Maybe the drafter meant to say "posesión", yet instead they opted for "titularidad", which is simply wrong, legally speaking, but it is what it is. I can't see any other option but ownership.
In data management, "data owner" is a term organizations use to describe what we would refer to in the specific case of personal data as the "data controller", presumably because they have traditionally viewed customer databases and mailing lists as just another area of their proprietary data. Perhaps this led to the drafter's confusion here.
http://www.businessdictionary.com/definition/data-owner.html
I'm still considering using Robert's "controls" suggestion though ...
I take Robert's point here: "titularidad" definitely means ownership, and one view would be that even if it's apparently untrue we must translate it accurately, drawing attention to the anomaly in a footnote.
Another approach would be to use something that is true and is not too far from "titularidad" in meaning. I don't think "is responsible for" fits the bill, but "controls" might be a way out.