5.77. Selection processes and incorporation into the AEAT
Description of the activity
Management of staff 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 (…)”.
Pursuant to this provision, data processing is lawful and does not require consent when the data processing is carried out to perform actions prior to the employment or civil service 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).
Article 9.1 of the Regulation states that “The processing of data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data intended to uniquely identify a natural person, data relating to the health or data relating to a natural person's sex life or sexual orientation shall be prohibited.”
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: “Paragraph 1 shall not apply where one of the following circumstances applies: (…) b) the processing is necessary for the fulfilment of obligations and the exercise of specific rights of the controller or the data subject in the field of labour law and social security and protection (…)”.
Interested parties
- 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 selection process selection boards and HR managers. of the different central and territorial units.
International transfers
Not foreseen
Profiling
In order to carry out certain studies, with a view to future calls, profiles could be created.
Technical/organizational measures
All data processed has been evaluated through a risk analysis, obtaining the list of technical and organizational measures to be applied.
These measures have been applied in accordance with the approved adaptation plan.