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Information to the interested party on data protection

5.76. AEAT Personnel and Provision of positions

Description of the activity

Data processing of public employees: current position data, data on previously held positions, data on job provision processes, time control data (also includes processing of biometric data, fingerprint), license and permit data (includes temporary, permanent and absolute disability), data economic data, certain health data, family data (for payroll management, for the application of “reconciliation”, etc.).

Purpose

Management of personnel, civil servant and labor, assigned to the AEAT, so that this entity can comply with its legal obligations in personnel matters (payment of remuneration, granting of permits and licenses, awarding of jobs through the established procedures legally, change of administrative situations, granting of social action aid, and other actions provided for by current legislation).

Management of employees assigned to the AEAT, so that this entity can carry out actions to control compliance with the obligations of the personnel at its service.

Legitimation

Article 6 of Regulation 2016/679 (EU), relating to the legality of processing, in section 1, letter b) states that “The processing will be legal if at least one of the following conditions is met: (…) b) the processing is necessary for the execution of a contract to which the interested party is a party or for the application at the request of the interested party of pre-contractual measures (…)”.

By virtue of this precept, the processing of data is lawful, and will not require consent, when the processing of data is carried out for the fulfillment of contractual relations of an employment nature.

This provision would also cover the processing of data of public employees, although their relationship is not contractual in the strict sense.

Sometimes, in order to comply with its obligations in relation to public employees, the Administration must process certain data referred to in the EU Regulation, in its article 9, as “special categories of data".

Thus, article 9.1 of the aforementioned Regulation states that “The processing of data that reveals ethnic or racial origin, political opinions, religious or philosophical convictions, or union membership, and the processing of data are prohibited. genetic data, biometric data aimed at uniquely identifying a natural person, data relating to health or data relating to the sexual life or sexual orientations of a natural person.

However, in section 2, a series of exceptions are established in which such data may be processed. Specifically, letter b) of this section 2 indicates the following: “Section 1 will not apply when one of the following circumstances occurs: (…) b) the processing is necessary for the fulfillment of obligations and the exercise of specific rights of the data controller or the interested party in the field of labor law and social security and protection (…)”.

Interested

  • Employees (official and labor personnel who serve in the AEAT)

Details

  • NIF/DNI, SS/Mutuality No., Name and Surname, Personal Registration No., Image/Voice (photography), vehicle data
  • Contact information (Address, Telephone, Mobile, Email, Date and Place of birth)
  • Family data (marital status, number of children, dependent ascendants...)
  • Academic and professional data
  • Labor data
  • Economic and financial data
  • Insurance data
  • Health data

Treatments

  • Collection
  • Record
  • Storage
  • Structuring
  • Modification
  • Update
  • Copy
  • Analysis
  • Enquiry
  • Extraction
  • Promotion
  • Interconnection
  • Limitation
  • Suppression
  • Destruction
  • Other

Recipients

  • Social Security, MUFACE, passive classes
  • Financial Institutions
  • Control Commission of the AGE Pension Plan
  • Intervention (Delegate, and General)
  • Court of Auditors
  • Courts and Tribunals
  • INE
  • Trade unions

International transfers

are not foreseen

Planned deadlines for deletion

The data collected will not be deleted and will remain in the databases of the State Tax Administration Agency (AEAT) in order to cover possible legal requirements or other types of claims that may arise.

On an annual basis, the contact data of interested parties who have unsubscribed from the personnel management applications will be deleted.

Profiling

The profiles that are necessary for decision-making will be prepared, with anonymized data, and provided that the identity of the people is not deduced from them.

Technical/organizational measures

All data processed has been evaluated through a risk analysis, having obtained a list of technical and organizational measures to apply.

These measures have been applied in accordance with the approved adaptation plan.