AYUNTAMIENTO DE GATA – Complaint Upheld (Spain, 2021)

Complaint Upheld
Agencia Española de Protección de Datos17 February 2021Spain
final
Complaint Upheld

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

The Spanish DPA ruled that the City hall of Gata must respond to a person's request for access to their personal data, even if another agency has already replied. The City hall initially thought it didn't need to respond, but the DPA clarified that each agency must handle requests independently. This case underscores the importance of fulfilling data access requests promptly and independently.

What happened

The Spanish DPA decided that the City hall of Gata must respond to a data access request, even if another agency has already done so.

Who was affected

A person requesting access to their personal data used by the City hall of Gata for calculating a local tax.

What the authority found

The Spanish DPA held that the City hall must independently satisfy the access request, regardless of the response from another agency.

Why this matters

This ruling highlights the responsibility of each agency to independently fulfill data access requests. It serves as a reminder for public bodies and businesses to ensure they handle such requests properly, even if other entities are involved.

GDPR Articles Cited

Art. 15 GDPR
Full Legal Summary
Detailed

A data subject requested the City hall of Gata to get access to his personal data used to calculate a local tax for water use and asked about the origin and the recipients of that data back in 2018. At the time, the City hall of Gata partly fulfilled the request by giving access to some of the data related to one of the elements of the local tax that is managed by the City hall and pointed that the rest of the data was processed not by the City hall but by the administration of the Autonomous Community. The data subject requested access to his data again in 2019 to the City hall of Gata and to the administration of the Autonomous Community. The Autonomous Community replied but the City hall considered that it didn't need to reply to the data subject request as the Autonomous Community had already done it. Can the controller consider that the right to access of a data subject is satisfied when another controller satisfies an access request related to same personal data? The Spanish DPA held that even though the personal data of the data subject were the same for the City hall and for the Autonomous Community, the City hall had the obligation to satisfy the access request too independently of whether the Autonomous Community had already replied to the data subject. The City hall facilitated the access to his data by the data subject in the course of the investigation process of the Spanish DPA and therefore the Spanish DPA decided to only issue a warning to the City hall.

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 GATA in ES

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

Details

Decision Date

17 February 2021

Authority

Agencia Española de Protección de Datos

GDPRhub ID

gdprhub-3187

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 GATA - Spain (2021). Retrieved from cookiefines.eu

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