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Information to the interested party on data protection

5.77. Selective processes and incorporation into the AEAT

Description of the activity

Management of personnel selection processes called by the AEAT and their subsequent incorporation.

Purpose

Selection and incorporation of personnel through public calls.

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 to carry out those actions prior to the employment or official relationship.

Sometimes, in order to comply with its obligations in relation to the candidates in a selection process, the Administration must process certain data referred to in the EU Regulation, in its article 9, as “ special categories of data” (for example, disability cases).

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

  • Participants in the indicated selection and incorporation processes.

Details

  • NIF/DNI, Name and Surname, date and place of birth, address, email account and telephone number
  • Professional data, requirements and merits claimed by the participants

Treatments

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

Recipients

  • Members of the Qualifying Courts of the selection processes and those responsible for HR. of the different central and territorial units.

International transfers

are not foreseen

Profiling

To carry out certain studies, in order to future calls, profiles could be prepared.

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.