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Ayuntamiento de Mejorada del Campo – Complaint Upheld (Spain, 2020)

Complaint Upheld
Agencia Española de Protección de Datos11 November 2020Spain
final
Complaint Upheld

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The Spanish data protection authority upheld a complaint against the Ayuntamiento de Mejorada del Campo for not having a data protection officer. The council was warned to appoint one to comply with data protection obligations.

What happened

The municipal council was found to be without a required data protection officer.

Who was affected

Residents and users of services from the Ayuntamiento de Mejorada del Campo were indirectly affected by the lack of oversight.

What the authority found

The authority decided that the council's failure to appoint a data protection officer violated GDPR requirements.

Why this matters

This case shows that public authorities must comply with data protection laws just like private companies. Local governments should ensure they have the necessary personnel to handle data protection responsibilities.

Recorded legal citations
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Art. 37(1)(a) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
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Artcile 34(1) LOPDGDD
Artcile 34(3) LOPDGDD

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Full Legal Summary
Detailed

The complainant filed a complaint before the Spanish DPA because the municipal council in question, "Ayuntamineto de Mejorada del Campo" does not have a data protection officer. Ayuntamiento de Mejorada del Campo did not contest the facts. Does the absence of a data protection officer in a municipal council implicate a violation of Article 37(1)(a) GDPR? The Spanish DPA (AEPD) held that public authorities such as the municipal council in question often act as data controllers. They must therefore abide by the principle of accountability and have other obligations under the GDPR. The Spanish DPA held that one of those obligations consists in naming a data protection officer (DPO) and to notify the Spanish DPA of his existence. This is an obligation imposed on public authorities under Article 37(1) GDPR. This obligation is also within Article 34(1) and (3) of the Spanish data protection law (LOPDGDD). The Spanish DPA therefore imposed a warning sanction on Ayuntamiento de Mejorada del Campo for a violation of Article 37(1) GDPR and asked the council to designate a DPO within a month.

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for Ayuntamiento de Mejorada del Campo in ES

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

11 November 2020

Authority

Agencia Española de Protección de Datos

GDPRhub ID

gdprhub-2925

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Ayuntamiento de Mejorada del Campo - Spain (2020). Retrieved from cookiefines.eu

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