Resolutions, opinions and reports search tool

The Ministry of Internal Affairs, through e-mail, disseminated the administrative contentious appeal lodged by the Association of Volunteer Firemen of Catalonia against Resolution INT/3361/2020, of 16 December, calling for the process for admission to the Active Section of the Government of Catalonia's volunteer fire brigade, without anonymising or pseudonyming the personal data contained there (name and surname and DNI). Vulneration of the confidentiality principle (GDPR art. 5.1.f).

It resolves to dismiss the request of the holder because restricting access to the health data of the holder, to all administrative, IT and citizen management staff of the Health Department, who may need access to it in the performance of their duties, would seriously distort the functioning and organisation of the health system. Furthermore, to the extent that the claimant also intended that the Ministry should enforce its right of opposition "in a global way and not individually", in relation to data relating to his or her health, which is treated at all Hospitals of Catalonia and Primary Care Centers, it is decided to also dismiss this claim, insofar as the Ministry of Health is not responsible for all the treatments pointed out by the claimant.

The principle of application is violated, since the processing of biometric data by students is not included in any of the exceptions provided for in Article 9.2 GDPR, for the processing of special categories of data.

The City Council has acknowledged that, as a result of a human error, it communicated to the person making the complaint the personal data of the pet owners, who were registered in the municipal census of companion animals.

The claimant exercised his right to object to the effects that the FUOC did not provide his personal data to (...). In this respect, this Authority cannot ignore the fact that (...) it has the status of processor of the FUOC and that, the legal basis that legitimises the submission of data to (...) is, precisely, the execution of a contract. Given that the processing of controversial personal data does not fall within the scope of Article 21 of the GDPR, in order to exercise the right of opposition, it is appropriate to reject this claim to guardianship of the right of opposition.

Personal data protection regulations do not prevent the dissemination of information relating to deceased persons. The minutes of the plenary sessions, with regard to the acts discussed, must be published in the electronic headquarters of the City Council without including specially protected data categories, or affecting honour or privacy or requiring special protection. In this case, the consent of those concerned should be made available so that the minutes can be disseminated, or the information anonymized should be disseminated. After 30 years, the provisions of Article 36 of Law 10/2001 may come into play. There is no legal basis for the dissemination, with a general scope, of the information contained in the municipal godparents of inhabitants on the city council website, without prejudice to the dissemination of the anonymized information of the godfather.

The data protection regulations do not prevent the claimant from accessing the claimed information that does not contain personal data, such as that relating to the practical cases that the applicants have developed or the internship program that the selected candidates had to complete. Nor would it prevent access to the score that each member of the tribunal awarded to the two exercises carried out by the person claiming or to the scores of the two exercises carried out by the rest of the candidates who had obtained a score higher than that of the person claiming, nor likewise , to the score of the candidates in the practice phase. With regard to the acts of the qualifying court, the person making the claim must be able to access their content as long as they do not contain scores or information about the candidates who obtained a score lower than the person making the claim. You must also be able to access purely identifying data such as the name and surname and position of the people who have intervened in the processing of the file, including their email address.

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.

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.

La persona reclamante se quejaba por la desatención de tres solicitudes de ejercicio del derecho de acceso que presentó en 2016 y 2017 ante el COAC. Se declara que el COAC ha desatendido el derecho de acceso ejercido por la persona reclamante dado que solo ha acreditado haber dado respuesta a la primera de las tres solicitudes, siendo esta respuesta extemporánea. El derecho de acceso objete de la presente resolución se ejerció cuando estaba en vigor la antigua Ley Orgánica 15/1999, de 13 de diciembre, (LOPD) y el Real Decreto 1720/2007, de 21 de diciembre, (RLOPD), siendo estas las normas aplicables en el análisis de la eventual desatención del derecho de acceso ejercido por la persona reclamante.