ostentar la titularidad

English translation: be responsible for

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10:29 May 23, 2018
Spanish to English translations [PRO]
Law/Patents - Law (general) / GDPR
Spanish term or phrase: ostentar la titularidad
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?
Lorna O'Donoghue
Local time: 13:46
English translation:be responsible for
Explanation:
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.
Selected response from:

philgoddard
United States
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3be responsible for
philgoddard
4 -1claim the title/ownership
Maru Villanueva
4 -1displays the ownership...
Francois Boye
Summary of reference entries provided
Data owner vs. Data controller
Robert Carter

Discussion entries: 10





  

Answers


49 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
displays the ownership...


Explanation:
My take

Francois Boye
United States
Local time: 08:46
Native speaker of: Native in FrenchFrench
PRO pts in category: 121

Peer comments on this answer (and responses from the answerer)
disagree  Aurie Escobar Ramsey: this was my first impulse as well, but not in the context of data treatment, unfortunately.
5 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
claim the title/ownership


Explanation:
Es lo que sugiero

Maru Villanueva
Mexico
Local time: 07:46
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 180

Peer comments on this answer (and responses from the answerer)
disagree  Aurie Escobar Ramsey: this was my first impulse as well, but not in the context of data treatment, unfortunately.
3 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
be responsible for


Explanation:
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.

philgoddard
United States
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 598
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
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
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Reference comments


5 hrs peer agreement (net): +1
Reference: Data owner vs. Data controller

Reference information:
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.

Robert Carter
Mexico
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 896

Peer comments on this reference comment (and responses from the reference poster)
agree  Andy Watkinson
36 mins
  -> Thanks, Andy.
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