Resolutions, opinions and reports search tool. Catalan Data Protection Authority

Sending an email to certain corporate addresses of local police officers, from an email address outside the whistleblower.

IP 474/2021

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).

24/11/2022

Resolution of dismissal

Denial of access to information about remunerations of the staff of the Town Council

IAI 81/2021

With regard to the positions of trust and the eventual staff of the City Council, given the typology and characteristics of these positions, it is justified from the perspective of data protection, to provide individualized information for the remuneration concepts referred to by the claimant. , together with their identification, level and position they hold. As for the rest of the City Council's employees (staff and civil servants), the data protection regulations do not prevent the provision of information on the basic and complementary remuneration of each job, without identifying the people who occupy.

12/01/2022

Report

Denial of access to information about the extraordinary times of staff of the Town Council

IAI 57/2021

Data protection regulations do not prevent the union delegate from accessing information relating to the overtime hours of managers, senior officials and staff holding positions of trust, free appointment, special responsibility within the organization or involving high levels. remuneration, as well as the list of overtime hours for workers with an employment contract that appears in the daily working hours records drawn up from 12 May 2019. With regard to the list of overtime hours for civil servants since 2018 until the date of the resolution, as well as those made before May 12, 2019 by workers with employment contracts, pseudonymized information must be provided. In relation to the reasons that justified the execution of overtime, general information can be provided on the criteria used by the City Council for its attribution, without making an individualization.

02/09/2021

Report

Deenation of access of employee representative to information of staff affected by a pay deal

IAI 44/2021

The data protection regulations do not prevent the individualised information requested by the employee representative from being communicated to the employee, indicating the identity (name and surnames) of the workers affected by the agreement on the absorption of the productivity supplement and the amount this agreement has entailed for each worker.

12/07/2021

Report

Denial of access to the list of Guardia Urbana personnel

IAI 38/2021

Data protection regulations would not prevent the union representative from accessing the list of Guardia Urbana personnel by identifying them with their professional identification number (TIP) and the place where they provide service.

22/06/2021

Report

Denial of access of the representative of the workers to disciplinary reports

IAI 29/2021

From the point of view of data protection regulations, the access of the claimant, trade union delegate and member of the works council to the content of the disciplinary proceedings processed in the last five years is not justified. However, given his status as a member of the works council, the complainant would have the right to know the information concerning the imposition of sanctions on workers for the commission of very serious infringements (infringement committed and sanction imposed, with identification of the people affected) and as a union delegate would also have the right to access the files processed by members of their union.

07/05/2021

Report

Denial of access to information about the helps for the formation of the staff of a public company

IAI 23/2021

The regulations for the protection of personal data do not prevent the access of workers' representatives to the information requested on aid for courses or conferences that were requested from the GTCC for the training of workers of the Territorial Management of Central Catalonia. of the public company carried out during the years 2019 and 2020.

20/04/2021

Report

Publication of the personal data of the union representatives chosen in the elections of the Company Committee

IP 51/2019

The publication in the bulletin board of the name and union affiliation of the people chosen in the elections of the Company Committee of the entity , has its legal basis in compliance with a legal mandate (ET and RD 1844/94), and complies with the principle of minimization. The published data relating to the trade union affiliation of the representatives are data which the interested party has made manifestly public (9.2.e RGPD), and the publication of the result of the elections of the works council is provided for by a law (9.2.b RGPD).

02/06/2020

Resolution of dismissal

Communication to a union representative of information about the contestations of the workers in a procedure of revision of the RLT

CNS 45/2019

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.

09/10/2019

Opinion

Access to information of the municipal workers on the part of their organ of representation in the Town Council

CNS 46/2019

The organs of representation of the workers have to be able to have access to the information related to the remunerations of the high ranking officials in the service of the local administration and of the persons that occupy places that they can be qualified as confidence or as special responsibility, while, for the rest of workers, with general character an access individualized beyond the possibility to give the information does not seem justified remuneration grouped for categories or according to the different types of job. The access to the monthly document TC2 should have the express consent of the workers. This, without harm that a relation with the name and surnames of the workers for whom the Town Council has paid can be facilitated.

02/10/2019

Opinion