- Enforcing jurisdiction
- Spain · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
AYUNTAMIENTO DE GATA – Complaint Upheld (Spain, 2021)
Privacy enforcement record
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The City Hall of Gata failed to fully respond to a person's request for access to their personal data used for a local water tax. This matters because it shows that even if another organization provides the information, the City Hall still has a duty to respond to such requests.
What happened
The City Hall of Gata did not fully fulfill a request for access to personal data related to a local tax.
Who was affected
A person who requested access to their personal data used to calculate a local water tax was affected.
What the authority found
The Spanish Data Protection Authority ruled that the City Hall had an obligation to respond to the access request, regardless of another organization's response.
Why this matters
This case highlights the importance of organizations being aware of their responsibilities to respond to data access requests. Companies should ensure they have clear processes in place for handling such requests.
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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
About this data
Cite as: Cookie Fines. AYUNTAMIENTO DE GATA - Spain (2021). Retrieved from cookiefines.eu
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