Result of the resolution: Set aside/dismissed
The complainant complained about the fact that the Sports Park Municipal Guiera, managed by the City Council of Cerdanyola del Vallès, conditioned access to the users of the sports center, in the exhibition of Passaport Covid-19. In relation to this, it should be noted that Resolution SLT/3787/2021 of 23 December, in force at the time of the event, provided for the requirement to submit the certificate of vaccination, diagnostic testing or recovery of COVID-19 to access "to rooms and gymnasiums where physical and/or sports activity is practised". In these terms, it should be pointed out that the reported processing was made redundant by Article 6.1 GDPR (c) since it was necessary to comply with a legal obligation and that, according to the exceptions provided for in Article 9.2 g) GDPR, the processing of health data must be necessary for reasons of essential public interest, and for the exception of paragraph 1(i) of the aforementioned article, which provides that the processing must be necessary for reasons of public interest in the field of public health. Ultimately, the complainant complained about the fact that PEM Guiera staff accessed his personal data, without prior consent. However, consulted by this Authority, the complainant confirmed that he had not exhibited the Passaport covid-19 to the staff of the PEM Guiera when required, and the complainant has argued that the staff of the center acted in the exercise of their functions, so no breach of the current legislation is noted.