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The claim for disregard of the right to delete data contained in shared folders in the workplace, to which the claimant now has no access, and which include personal emails, is estimated.
It is decided to sanction FMB S.A. because the lack of implementation of appropriate technical and organisational measures has prevented it from locating the personal file of the person who provided services to the complained company. This fact violates Article 32.1 of the GDPR, which provides for the controller's obligation to guarantee the availability and security of personal data.
Internet publication of the minutes of the Plenum of the City Council and the municipal godfather of inhabitants
Personal data protection regulations do not prevent the dissemination of information relating to deceased persons. The minutes of the plenary sessions, with regard to the acts discussed, must be published in the electronic headquarters of the City Council without including specially protected data categories, or affecting honour or privacy or requiring special protection. In this case, the consent of those concerned should be made available so that the minutes can be disseminated, or the information anonymized should be disseminated. After 30 years, the provisions of Article 36 of Law 10/2001 may come into play. There is no legal basis for the dissemination, with a general scope, of the information contained in the municipal godparents of inhabitants on the city council website, without prejudice to the dissemination of the anonymized information of the godfather.
Report in relation to the Draft order approving, modifying and repealing access tables and document evaluation
It is declared inadmissible, since such a complaint cannot be admitted, as one of the necessary requirements for its admission does not exist, such as that the person presenting a complaint has identified and signed it (Apdcat and LPAC). In any case, it is clear from the documentation accompanying the complaint that no breach of the data protection rules is inferred from the reported facts.
- SECTORIAL AREA
- Files and documents
- PERSONAL DATA
- Data of deceased persons
- Sensitive data
- Union membership data
- Data on religion or beliefs
- Health data
- Administrative criminal offences
- Sex life
- HABEAS DATA RIGHTS
- Right of access
- Right of objection
- Right of rectification
- Right of suppression
- Public administration
- Purpose limitation principle
- Historical, scientific or statistical purposes
Report in relation to the Project of order by which they approve themselves, modify and tables of evaluation and documental access are derogated
The data protection regulations do not prevent the councillor from accessing the death registry corresponding to the years 1885-1890, 1918-1921, 1957-1959 and 1968-1969, except for the health data that may appear (specifically data on hereditary diseases prior to 1 January 1959). As for the minutes books, it is necessary to give access to the minutes book, unless there are special categories of data of the people to whom they affect the agreements adopted. In relation to the correspondence relating to the same periods, it would not be adjusted to the data protection regulations to indiscriminately facilitate access to the correspondence of living persons, but it is necessary to make a case-by-case analysis, in view of the interest of the councilor in the access and the type of information to which the correspondence refers.
The entity could|might give in|on the National Archive|File of Catalonia the documents of what it is to title and in which alive physical persons have evidence about relative data that they are part of the documental heritage|patrimony of Catalonia, or for having attained the antique|seniority of 40 years or, if does not attain itself|himself|herself this antique|seniority, if favorable resolution of the counselor of Culture is counted on, without the need for consent of the affected ones, since this donation would constitute a posterior treatment of data that he|she|it would be responsible to until of archive|file in public and, therefore, compatible interest with the initial purpose for which the data were treated.
The complainant complained that the City Council had given a company a copy of some of his invoices -without his consent-, who in turn would have contributed them in a judicial process initiated against the complainant for pecuniary claim. The complaint was filed, as it was not inferred from the documentation provided by the City Council that he had communicated his data, and these were allegations without evidentiary support. In addition, all indications are that, if a communication of data had taken place, it would be covered by Article 7.f) of Directive 95/46 / EC, due to the concurrence of a legitimate interest.