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The file of the complaint is agreed, since a rail agent, when detecting an infringement by tram users, can collect from the traveller the data relating to his or her DNI number, in order to extend a minimum perception bulletin. This is a lawful treatment, provided for in the rail regulations, which grants the status of agents of the authority to railway operators (Railway Law 4/2006).
The treatment of driving staff's health data or functions related to the traffic safety of rail transport services to detect, by the company, alcohol or drug consumption, at the start or during working time, is enabled in Articles 6.1.c) and 9.2.h of the GPD in relation to rail legislation. In the case of personnel who carry out these duties in the transport services of the bus or cable network, the data protection regulations do not prevent regular controls on the consumption of the aforementioned substances, when it is established, justifiably, by the occupational risk prevention service, insofar as it may constitute a risk for third parties.
The person claiming to be the ex-register of the entity asks for physical access to its data from 1990 to 1993, during which time it provided services to the aforementioned entity, but the entity informs him that it does not have the physical file and that it does not have much information on its computer system, since this dismisses the claim.
Access of the union representatives to the images of an industrial accident picked up by the system of video surveillance
Access to the images captured by the video surveillance system in relation to an accident at work by members of the Health and Safety Committee could be justified in certain cases, although, given the circumstances of the case analyzed, they should be facilitated. anonymized by being able to achieve in this way the purpose pursued. The person responsible for investigating the accident, however, could access it so that those affected are identifiable.
Overseas resolution because it is found that the entity that holds the powers of the Xpress Revolution Service is not the Dept of TES but Renfe Viatgers, which when it obtains the personal data of service users who have made a complaint through the form of the general contact mailbox of the website of the Catalan Government's virtual office of formalities, does not make the right of information effective (Art. 14 GDPR). Translated to the AEPD.
Request of documentation crediting of the exemption of the duty to take mask to the user persons of the railway
Railway station officers and railway security guards may request, in the exercise of their function of monitoring compliance with the measure adopted by the health authorities consisting of the compulsory use of the mask on public transport, the documentation which accredits the concurrence of any of the causes of exemption from the obligation to wear a mask to those users of the railways who do not wear it.
The complaint is filed because the rail agent who, to fill in a bullet of minimum perception, requested the name and surnames and DNI of the user of Rodalies Catalunya who traveled without ticket, exercised an inspectorate established by rules with a range of law.
The inspector staff of a train company is legitimated for, in exercise of their functions, to request minors of 14 years the identification data that are strictly necessary for the imposition and management of the subscription of a minimum perception.
Since option 1 and 2, it does not allow that the affected one visualizes and a unique document, in electronic format, that it includes signs its data and the information that he has to receive about the treatment of these (art. 13 RGPD), from the prospect of the data protection personal cannot be considered that this option allows to prove the fulfillment of the duty in a suitable way of informing the affected ones, without harm that other systems (option 3) can allow this accreditation of the fulfillment of the duty of informing. The informative clause object of consultation can be considered suitable for the demands of the RGPD, if the considerations made in this judgement are taken into account.
The establishment of a mechanism of identification and of authentication based on the use of a user (consistent in the number of DNI) and of a password for those workers that, by virtue of its condition of staff of a sub person in charge of the treatment, have to be able to access a system of information to exercise the functions that they have ordered, a suitable safety measure could be considered, with juridical basis in the article 6.1.b) of the RGPD, since it is necessary for the execution of the contract.