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Policy for the use of the information and communication systems of a city council
The municipal policy for the use of digital information systems and devices must cover clear rules on the management to be made of the personalised corporate email account, and on the access to the information contained in it, both for the purpose of ceasing the employment relationship and in the event of temporary absence of the worker. It must also include specific provisions regarding the proper use of information systems by its staff and the control that the City Council can make of them to ensure their safety and good functioning. With regard to requests for access to and copying of e-mails by ex-workers, the observations made in this opinion must be taken into account.
Sending an email to certain corporate addresses of local police officers, from an email address outside the whistleblower.
There is no indication that the denounced City Council is the holder of the e-mail account from which a message was sent to certain local agents, criticising trade union behaviour. In this respect, it is also inappropriate to argue that the City Council has filtered information regarding corporate electronic addresses of members of the Police Corps, since, apart from the city council workers who may obviously have access to such corporate addresses, it cannot be ruled out that third parties have obtained this information by their own means (e.g., persons who have provided services to the City Council, or citizens who have related to these public employees).
Legitimation for the treatment of the name meaning in relation to certain groups
Since the regulation urges the Public Administration to facilitate the use of the "sense name" by trans persons (art. 23.1 Law 11/2014), the processing of this data is not excessive for the purposes of the principle of minimisation, and may be lawful if carried out on the legal basis of the consent of the person concerned. Treatment of the "sense name", as identifying data relating to a natural person's gender identity or expression, does not, in principle, involve processing data from special categories. The identification information of the person concerned must also be dealt with in official documents (DNI/NIE or passport), in order to ensure the identification and, among other things, the principle of the accuracy of the information and its traceability.
Disregard of the right of access.
La persona reclamante se quejaba por la desatención de una solicitud de ejercicio del derecho de acceso que presentó ante el Ayuntamiento, sin que este último le diera ninguna respuesta. Al respeto, se declara que el Ayuntamiento ha atendido de forma extemporánea la solicitud de acceso de la persona reclamante, sin entrar en otras consideraciones respecto al fondo, puesto que, en el marco del presente procedimiento de tutela de derechos, el Ayuntamiento ha librado la documentación a la persona reclamante.
Refusal of information on the selective processes of a City Council's staff
The data protection regulations do not prevent access to information relating to the call and the bases of the selective processes carried out by the City Council, the rest of the acts of the processes subject to publication and, in particular, to the results of the called processes. Now, taking into consideration the circumstances that come together in the particular case, from the point of view of the general purpose of transparency, access to the tests carried out by the candidates in each of the selective processes, nor to the contracts of formalized work
Request for the deletion of personal data collected within the framework of a selective process.
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.
Derogation of the right of access.
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.
Two advertisements on the offer of temporary provision for a vacant job indicate as a reason the situation of temporary incapacity of the holder.
It is necessary to archive the actions. The violation of the principle of minimisation of personal data is not appreciated, since the City Council has published advertisements on the offer of provision for a vacant post in accordance with applicable regulations and following the guidelines of the Directorate General of Local Administration.
Workers' access to a paper presented to the City Hall.
The principle of the presumption of innocence should apply when it has not been established that unauthorised workers have accessed the letter presented by the complaining entity.
Denial of access to the staff registration register of a City Council
The data protection regulations do not prevent the person making the claim from accessing the City Council's staff registration register, as long as the information is provided in a pseudonymised manner.
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