AYUNTAMIENTO DE GIJÓN – Complaint Upheld (Spain, 2021)

Complaint Upheld
Agencia Española de Protección de Datos29 June 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 data protection authority found that the Gijón City Council did not keep a record of how they process personal data, as required by GDPR. They were warned to comply with the rules. This case shows the importance of maintaining proper records of data activities.

What happened

The Gijón City Council failed to maintain a record of processing activities as required by GDPR.

Who was affected

Citizens whose personal data processing activities were not properly recorded by the Gijón City Council.

What the authority found

The Spanish data protection authority found the City Council violated GDPR by not having a record of processing activities.

Why this matters

This decision underscores the necessity for public bodies and businesses to keep detailed records of their data processing activities. It serves as a reminder that organizations must be proactive in complying with GDPR requirements.

GDPR Articles Cited

National Law Articles

Article 31 Spanish Data Protection Act
Full Legal Summary
Detailed

This decision is a consequence of a complaint submitted by a citizen stating that they requested via email the defendant’s Data Protection Officer access to the record of processing activities, but the controller never replied to the request. Four months after the request the claimant brought the dispute to the Spanish Data Protection Authority (AEPD). The AEPD found that the Council did not have a record of processing activities, what was confirmed by the controller. The controller answered to the AEPD's investigation requests confirming that it had not implemented a record of processing activities, due to political issues and the pandemic situation. With regards to the lack of answer to the data subject, the controller stated that the request was not addressed by the means required by the Spanish Administrative Law. The AEPD launched a sanctioning procedure, remaking that the GDPR entered into force in 2016 and is fully applicable since 2018, so the controller had had enough time to adapt to it. In the allegations process, the controller argued that it had started implementing the record of processing activities during the duration of this procedure and was compliant with Article 30 GDPR and Article 31 of the [https://www.boe.es/buscar/act.php?id=BOE-A-2018-16673 Spanish Data Protection Act]. The DPA concluded that there had been no record of processing activities, and that consequently the controller had infringed Article 30 GDPR and Article 31 of the [https://www.boe.es/buscar/act.php?id=BOE-A-2018-16673 Spanish Data Protection Act]. Since the City Council is a public body, the AEPD imposed a warning on the controller, and compelled it to comply with the GDPR.

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 GIJÓN in ES

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

Details

Decision Date

29 June 2021

Authority

Agencia Española de Protección de Datos

GDPRhub ID

gdprhub-3608

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified

Cite as: Cookie Fines. AYUNTAMIENTO DE GIJÓN - Spain (2021). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: