EMPRESA MUNICIPAL TRANSPORTES URBANOS, S.A. DE GIJÓN – Complaint Upheld (Spain, 2021)
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.
A Spanish transport company failed to respond to a job applicant's request to access video footage of their driving test. The Spanish Data Protection Authority ruled that the company should have provided access or a valid reason for refusal. This case underscores the importance of respecting individuals' rights to access their personal data.
What happened
The transport company did not respond to a request for access to video footage of a driving test.
Who was affected
A job applicant who participated in a driving test and requested access to the video recordings.
What the authority found
The authority decided that the company must either grant access to the requested data or provide a justified refusal, as individuals have a right to access their personal data.
Why this matters
This decision highlights the obligation of companies to facilitate access to personal data when requested, reinforcing the importance of transparency and accountability in data handling practices.
GDPR Articles Cited
A data subject filed an access request with a transport company regarding the results of a selection process for a job. The data subject did not agree with the outcome of the process and wanted to access the videos of one of the driving tests. Since the controller did not answer, the data subject filed a complaint with the Spanish DPA (AEPD). Towards the DPA, the controller claimed that they would not give away videos since the cameras were set to only recorded the outside of the vehicles, thereby recording third persons such as passengers. The data subject compared the case to the access to written answers of an exam already decided by previous judgements. Therefore an access to the driving test videos may have the same result, especially since it would be possible to blur or pixel images of third parties concerned. The AEPD brought forward Recital 59, emphasizing the controller to facilitate data subjects the access of their rights. Furthermore, the AEPD argued that there is a legitimate interest of the data subject to access the evidence and that new techniques to anonymize images would allow to prevent harm to third parties. There is no reason why the data subject should not be able to have access to the recordings that may constitute a fundamental part of the selection process to obtain a job. Accordingly, the AEPD concluded that the controller still had the obligation to provide an answer, either by means of granting access to the data or by means of a justified refusal.
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Related Enforcement Actions (0)
No other enforcement actions found for EMPRESA MUNICIPAL TRANSPORTES URBANOS, S.A. DE GIJÓN in ES
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. EMPRESA MUNICIPAL TRANSPORTES URBANOS, S.A. DE GIJÓN - Spain (2021). Retrieved from cookiefines.eu
Last updated: