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The access of the councilors to information regarding the amount and reason for the doubtful debts could find its justification in the control and supervision functions legally attributed to the councilors. This, without the need to provide the identity (name and surname) of all affected natural persons, for the purposes of the minimization principle. This, without prejudice to the fact that, once the information is known in the terms indicated, in some cases it may also be pertinent to know the identity of those affected, a possibility that would require specific consideration, taking into account the principles of data protection.
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.
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.
A municipal group posted on their Facebook page a statement calling for the resignation of a councillor, echoing the existence of a sentence relating to a faulty trial in which he was convicted for events that occurred 12 years before the date of publication of that statement. Vulneration of the principle of Licitude.
Personal data protection regulations do not prevent a councilor from accessing a detailed list of individuals and proposals submitted under participatory budgeting.
A file is agreed because the City Council recognizes that a councilor accessed the phone number of the complainant to call her, but not to complain about the content of a tweet that she would have published, but that the reason for the call was to deal with a matter linked to the functions that he served as municipal councillor and the functions that the person was holding in the occupied place within the educational center. Presumption innocence.
The procedure is archived because the information published in the Official Journal of a Municipality does not allow an individual to be identified, so the data protection rules have not been infringed.
Only with the information contained in the newsletter of the Bagà Forward municipal group, which referred to that a particular party that was part of the electoral list of the municipal government's candidacy, it is not possible to identify the person who acquired a certain property, since the person denouncing it was not the only candidate of the candidacy Junts per Bagà - Municipal agreement, but that there were twelve more people.
From the point of view of personal data protection regulations, deputy mayors may receive daily news from the local police when they act in place of the mayor, in the event of a vacancy, absence or illness, or or if they are assigned a delegation of functions that requires access to this information.
Suppression of the municipal web of information of a person who was a town councilor of the Town Council
The City Council may keep published on the portal the information of ex-councilors of the corporation that may be necessary to comply with the obligations established in the transparency legislation, as long as the publication deadlines provided for in these regulations have not elapsed. Instead, it must delete from the municipal website the published information in respect of which this legal obligation does not exist, unless there are any other exceptions provided for in article 17.3 RGPD. Once these deadlines have elapsed, the historical interest may justify the maintenance of the publication of information on the names and surnames of the councilors and ex-councilors, the position they held, the municipal group of which they were part and the period in which they held office. not the rest of the information.
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Public administration
- Local administration
- Purpose limitation principle
- Historical, scientific or statistical purposes
- Lawfulness principle
- Data minimization principle
Given the regulations applicable in the case before us, and from the point of view of data protection regulations, access by the councilor to the file on participatory budgets would be justified, including the original proposals with identification of the people who made them.