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Policy for the use of the information and communication systems of a city council
CNS 36/2022
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.
12/12/2022
Captation of the driver image of a vehicle.
IP 411/2021
A municipal watcher photographs a vehicle with which a traffic offence is allegedly committed, in which the image of the person sitting inside is shown.
29/11/2022
It disregards access and rectification rights.
PT 58/2022
The complainant complains that the City Council has not replied either to the right of access, or to the right of rectification in relation to the waste collection service 'door to door'. With regard to the right of access, although the claimant requested access to public information, in reality, he referred to access to his personal data; and with regard to the right of rectification, although it was initially inferred that the City Council would have complied with the right exercised by the claimant, in reality the City Council did not rectify the data relating to the claimant's postal address. The petition formulated by the claimant in relation to both rights is appreciated.
29/11/2022
Communications the personal data of the complainant to a third person.
IP 261/2021
The complainant explained that the Lleida City Council would have provided a third person (the new acquirer of a license) with the document relating to the "Joint declaration of change of ownership of activities", which would contain the personal data (name, surnames, address and number of DNI) of the complainant. However, since it has not been possible during the previous information phase to prove that the communication of personal data is attributable to the Lleida City Council, as the complainant stated, it is appropriate to archive the present complaint.
29/11/2022
Access to personal data through the transfer of administrative files in a contentious administrative procedure.
IP 319/2022
The complainant complained that the City Council had provided a neighbour of its building with a document containing his personal data. He also denounces the neighbor's lawyer for having exhibited this document in an oral hearing of a trial. As regards this second fact, the AEPD was transferred. As regards the reported fact against the City Council, RA is prepared on the basis of Article 48 and 52 LJCA, on the obligation to transfer a copy of the administrative file to the court by the requested administration. Since his neighbor had filed a judicial appeal, he had access to the file to formulate suit. This access is also provided for in Article 236 LOPJ quinquies.
24/11/2022
City Hall's lack of accreditation of responsibility.
IP 286/2022
The complainant complained that the City Council had revealed her data to a third party (a person who ran a bar and had called her to warn her that she would take a party). He does not provide any evidence or evidence to prove that his mobile phone was indeed revealed. RA is dictated by the lack of evidence to prove the communication of the complainant's mobile phone to the third person. In addition, both the City Council and the person who called her deny that it was the City Council that had provided the data.
24/11/2022
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
Denial of access to the reports of the compliance officer and an external advisor of a municipal company
IAI 44/2022
Data protection regulations do not prevent the claimant from accessing information relating to legal entities or reports that do not contain personal information. Nor does it prevent access to the merely identifying information of the compliance officer and the external lawyers who wrote the reports. However, with respect to the information relating to the persons allegedly responsible, the reporting person and, where appropriate, witnesses, must be provided anonymously. And to the extent that effective anonymization is not possible, access must be facilitated through a summary of the actions taken, so that the physical persons affected are not identifiable.
24/11/2022
Work reports, which include health data of the complainant, within the framework of a disciplinary procedure.
IP 424/2021
It is decided to file the present complaint, given that the accused City Council and, in particular, the Chief Inspector of the Local Police, included references to the data on the person's health reporting - who holds the status of local agent - since these were necessary to resolve the desirability of initiating a disciplinary file against him, for alleged withdrawal from service on health grounds. Thus, this Authority concludes that the processing of controversial personal data was covered by Article 6.1e) - processing carried out in the exercise of public powers - and that the circumstances provided for in Article 9.2 (f) and g) GDPR, which lift the prohibition on processing health data in Article 9.1 (GDPR).
24/11/2022
Content of the electronic signature.
IP 107/2021
Broadcast by an opposition councillor, a document containing the position and electronic signature displaying the name and surnames and the ID number of a public employee.
03/11/2022
Total number of pages: 64