Derechos | Equipo Nizkor
Policy Statement Concerning the Question of Privacy and the Entry Into Force of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016:
1) Since their founding in 1994, in which Derechos was among the first 1,500 internet websites to exist, the domains “derechos.org”, “desaparecidos.org” and “equiponizkor.org” have been legally domiciled in California, United States of America. Likewise, since its commencement in 2004, radionizkor.org, and other related websites.
These domains have never been based, even temporarily, in Spain, or even in Europe, and therefore, they are beyond the jurisdiction of the above-mentioned regulation and not subject to Spanish jurisdiction.
2) The servers we use for electronic Internet activities have similarly been domiciled in the United States since commencement of our operations, first in Texas, and later in San Francisco, California, and thus outside the jurisdiction of Spain or Europe.
The documentary database which we established is an open database and neither has nor had user access codes. Therefore, there are no data files which could be the object of scrutiny.
The cookies used by our website are the normal ones used in website management and we do not conduct any kind of subsequent data processing with browsing activity, nor do we store it in data processing files.
3) Although the way we operate is well-known, you can visit our page acerca.html, the last update of which, in June 2000, remains in force. Likewise the section devoted to "Clarification with respect to Spain", dated 31 December 2014, on the same webpage.
4) The legitimacy of our work is based on the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by General Assembly resolution 53/144 of 9 December 1998, whose Article 6 reads as follows:
Everyone has the right, individually and in association with others:
(a) To know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems;
(b) As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms;
(c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters.
It is also protected by the rules which safeguard freedom of expression and the dissemination of generally recognised and protected ideas, and in particular by the 1st Amendment of the US Constitution and the legislation of the State of California.
5) We have been using mailing lists since 1995 and there are thousands of persons who have been receiving our messages for over 20 years. In doing so, we have used strictly legal methods for obtaining email addresses.
We have always respected privacy laws and we send each and every one of our messages on an individual basis to a specific email address. This individual treatment allows any user to unsubscribe using the specific email for this purpose included in every message (in three languages, Spanish, English and French) and which is as follows: firstname.lastname@example.org to unsubscribe, and email@example.com to subscribe at any time. Subscribing and unsubscribing are normally dealt with as soon as notification is received.
We do not process files containing personal data and only email addresses are used. The messages are sent via our servers in the United States and are subject to the legal jurisdiction of the State of California.
6) All the online services, as well as the information analysis contained in our emails, are available free of charge and therefore we do not deal with any client or user data.
7) There is a donations page but the data of every donor is collected and dealt with by the well-established company Worldpay using a payment pateway with all the conditions of security and confidentiality required by the financial institutions of the European Union, the United States and the United Kingdom. (See: Company overview)
Finally, you can visit our specialist page on Privacy and Counter-Intelligence where you will obtain a more complete view of the complexity of this subject which in structural terms goes beyond the European legal system in that it affects civil liberties and democratic systems, not just by virtue of the mere acceptance of a service by the users but due to the lack of control over large data files which in size now exceed the approximately 1billion Facebook records and which are beyond the control of any system of justice.
The same can be said of the data transmission systems and the systems for intercepting mass communications which the major powers now possess and which are publicly known of and which were even approved by the European Parliament in 2002.
03 May 2018
About Derechos Human Rights
This document has been published by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.