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Disregard of the right of access.
PT 118/2022
The right of access that the claimant formulated to the City Council of Sant Quirze del Vallès is estimated in relation to the purpose of processing the data provided to a municipal school. The City Council alleged that the petition had not been presented in the proper way and that it referred to data from a collective.
02/03/2023
Treatment of address data in electronic notifications
CNS 33/2022
The incorporation of the address relative to the domicile in the notifications that must be made through electronic means would be contrary to the principle of data minimization. In this case, it is necessary to adopt the appropriate measures to ensure that the program used to generate the notifications does not incorporate this personal data by default. It is also necessary to proceed with the blocking of this data in the electronic notifications already made to a working person, given their deletion request.
23/02/2023
Recording telephone calls for administrative purposes, by the Guardia Urbana de l'Ajuntament de Tarragona, without complying with the right to information, and disclosure of personal data of third parties.
PS 62/2022
It is decided to admonise the City Council of Tarragona since, in a call made by the person denouncing the Urban Guard of this City Council, he was collected personal data (name, surnames, DNI number and voice) and was not informed of the content provided in Article 13 GDPR. In addition, the city council is also credited with violating the principle of confidentiality since the Guardia Urbana informed the House denouncing that the "Seva Más" would have called, from the same home, to denounce the same facts. With regard to the collection of personal data, which the complainant considers excessive, it is appropriate to archive the facts since, according to the rules of administrative procedure, when a citizen submits a complaint, it must be identified.
22/02/2023
Control of job absenteeism of career civil servants.
PS 53/2022
A final resolution is issued on the basis of a request in relation to Article 9.2, in the same terms as the resolution resolving the previous appeal for repossement. The City Council has processed the health data of a career official without complying with Article 9.2 of the GDPR (which provides for a rule with the status of law or has a working agreement that complies with all the guarantees of the data subject). The city council provides a labor agreement but this one has no regulatory value and erga omnes effects since it has not been published.
07/02/2023
Access to municipal files containing personal data by a local elected person.
IP 133/2022
The City Council of Argentona reported that a councillor of the All per Argentona Municipal Group would have accessed the personal data contained in the pre-enrolment and enrolment files of the municipal nursery schools for the 2021-2022 year, would have collected the contact details of the families who would not have obtained a place for their children, and would have contacted them via Whatsapp with the aim of asking them for personal data and summoning them to a meeting and then submitting an application to the City Council. For its part, the Municipal Group refused to contact the families on the basis of the consultation of the file, and stated that contacts were initiated earlier and based on personal acquaintances and relationships. In this respect, since the Authority does not have evidence that the denounced municipal group collected the personal data of the controversial file and used it to contact different families, it is necessary to archive the facts that are involved here.
02/02/2023
Denying access to assessments of a city council selection process
IAI 5/2023
The right to data protection would not prevent access and copying of the examinations carried out by the participants in the selection process that have been selected by the requesting party insofar as they are a trade union representative of a trade union organisation that is considered the most representative. Otherwise, access should be limited to the identity of the selected persons and the score obtained in relation to each test.
30/01/2023
Publish known data.
IP 268/2021
The complaint is archived, since the only personal data contained in the document published by the municipal government councillor through the Facebook wall on neighbourhood issues was the name and surname of the complainant as representative of a municipality entity. Information that the people’s neighbours, users of that social network, knew. In addition, this same information was accessible via the Internet, where it is published that the complainant is the president of that entity.
17/01/2023
It lacks risk analysis and the implementation of security measures. Principle of confidentiality.
PS 56/2022
It resolves to admonise the City Council since for an unspecified period, which at least covers the months of November 2020 until January 2021, it did not have a risk analysis of the personal data it processed, nor had it implemented all the security and technical measures, in accordance with the National Security Scheme, as required by Article 32 GDPR, in relation to the recording of telephone calls maintained by the local police. On the other hand, the dissemination by a local police officer to other agents of the body, of the content of a telephone conversation held by the complainant with a Medical Emergencies Service worker, contravened the principle of confidentiality.
17/01/2023
Translate from a resolution (decree) that resolves a complaint of harassment to the president of the trade union to whom the harassing person belongs.
PS 67/2022
The principle of application is imposed. The transfer of the resolution involved communicating the identity of persons who were allegedly harassed and harassed; and, furthermore, some health data of the person who was harassed to the president of the trade union. Article 5.1.a) and 6.1 GDPR are being violated, as there is no legal basis for legitimisation. Furthermore, with regard to the communication of health data, Article 9.2 GDPR is also infringed.
17/01/2023
Published list of permanently vacated buildings.
PS 66/2022
A city council published in several official newspapers and on the municipal website, a notice notice of a mayoral decree to a plurality of people, containing a list of 381 buildings that the city council initially considered permanently unemployed, and identifying with the cadastral reference and exact address of each property, along with the full number of the DNI of the corresponding IBI passive persons in each case. The Advice is sanctioned, as the person responsible for the very serious infringement due to violation of the principle of application, for having made the publication without the concurrence of any legal basis. The publication of the real estate address along with the other published data (ref. cadastral and No. DNI) is considered excessive for the intended purpose (notification of the act), but the corresponding infringement, referring to the violation of the minimization principle, is subsumed in the infringement of the principle of application.
17/01/2023
Total number of pages: 64