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El tratamiento de los datos necesarios para la realización de las pruebas de los procesos de selección de personal, incluidas los datos de salud de los participantes, tiene como base jurídica el cumplimiento de una misión en interés público y el cumplimiento de obligaciones específicas de las administraciones competentes establecidas por la normativa de función pública. La grabación de las pruebas psicotécnicas requiere, además de su previsión en las correspondientes bases de las convocatorias (con la concreción y determinación de las garantías específicas necesarias), la realización previa de una AIPD. No parece que la base jurídica del consentimiento sea adecuado para legitimar el tratamiento de los datos de los aspirantes a un proceso selectivo con la finalidad descrita, dado que no se puede considerar que en el caso planteado pudiera haber un consentimiento realmente libre, ni la posibilidad de establecer medios alternativos que garantizaran el principio de igualdad que tiene que regir los procedimientos selectivos.

Notification of a resource to third parties without deleting the data of the recurring person.

The complainant complained that when he presented himself to the selection process convened by the City Council, he was told that he had to connect to the Zoom platform and that they would record it, while the publication of the bases governing the selection process noted that the practical test had to be oral. This person also stated that the City Council would have published in its Transparency Portal, the results of the selective process, where it was stated as not fit (along with its name and surnames). The city council's resolution, estimating the application of the claimant, is declared extemporaneous.

The complainant asked for a copy of the examination he carried out on the occasion of his participation in the selection process to be part of the administrative assistants/ves work exchange called by the City Council. The City Council verbally refused to copy its examination on the grounds that it was not the exercise of the right of access to data collected in data protection regulations, and that the Authority was not competent to resolve this issue. The claim to exercise the right of access of the complainant is considered, given that when requesting access to his or her personal data, the data protection rules apply and, consequently, the Authority is also competent to settle this matter.

The publication of personal data in the recruitment process, regardless of the recruitment regime, must take into account data protection regulations. When Decree 28/1986 is applicable, it must publish the list of people admitted and excluded from the selection process, as well as the list of people approved in each test by scoring order and the final list of people approved by scoring order. With regard to the identification of the persons concerned, when the purpose of the publication is to provide general publicity and also when the notification is added to the persons concerned, the identification of the persons concerned must be done by name and surname by adding four random numeric figures from their national identity or equivalent document, according to the orientation to which reference has been made. However, in the case of excluded persons, it is sufficient to publish their identification number, without the name and surnames. In the case of people who are victims of gender violence, a non-decipherable code must be applied by third parties, to protect their identity.

The City Council of Tordera is admonished as publishing the final qualifications obtained for applicants suspended in a selection process constitutes a violation of the principle of application. Furthermore, the dissemination to the municipal website of the list of applicants excluded from the selection process for a time beyond what is strictly necessary constitutes a violation of the principle of limiting the term of conservation. And, ultimately, the dissemination of the names and surnames of the applicants and the last four figures of their DNI and the letter is a violation of the principle of data minimization, since the LOPDGDD does not foresee that, in the publication of administrative acts, the letter of the DNI should be added.

The data protection regulations do not prevent access to the personal data of the two applicants who have finally passed the selection process (people proposed to fill the position and the first place in the job market), excluding the documentation that contains specially protected personal data, as well as those identifying or other data that are unnecessary to achieve the purpose pursued. Access to the individual diets of members of the tribunal, or to the reasons or justification for the absence or replacement of members of the tribunal, is not justified. The access of the claimant to the requested information relating to the two unselected applicants is not justified, except for that which has been published in accordance with current regulations.

The person in charge|attendant of the treatment that carries out a medical examination to a person on account|bill of a Town Council in order to determine if this person is suitable for the square|post which he|she|it requests to exchange, has to provide the data necessary for this purpose. The principles related to the treatment, among|between which the principle|beginning of minimization, they also apply to the person in charge|attendant of the treatment.

A representative of the workers requests a town council to access the resources by municipal workers in the procedure of appraisal of the jobs and of approval of the RLT. The regulations of data protection would not block the access of the representative of the workers to the relative information the number of shown resources, the formulated allegations, which it has been the answer of the organ responsible of the procedure, and the consequences that it has had in the procedure of the report. However, and for lack of major concretion in the request of access, it would not be justified for the complete text of the resources to give access so that the affected persons could be identified directly.

The right to the data protection does not prevent from giving the information to the complaining person about the name|noun and surnames of the represented ones of the workers who have been designated as freed union-related.