Skip to main content
Information for the interested party on data protection

5.79. Disciplinary proceedings, administrative appeals and monitoring of judicial proceedings

Description of the activity

Management and control of administrative appeals submitted by AEAT civil servants, and monitoring of appeals submitted through judicial channels by AEAT civil servants and employees, relating to matters within the scope of human resources. These resources refer to matters such as selection processes, filling of positions, remuneration, vacations, seniority, and any other matter within the competence of the human resources area.

It also includes the management and control of disciplinary records of AEAT staff.

Purpose

Processing and resolving appeals and complaints regarding personnel matters.

Processing and resolving disciplinary proceedings for personnel assigned to the AEAT.

Monitoring and forwarding of documentation for judicial proceedings in the contentious-administrative and social channels.

Legitimation

Article 6 of Regulation 2016/679 (EU), relating to the legality of processing, in section 1, letter e) states that “The processing will be legal if at least one of the following conditions is met: (…) e) the treatment is necessary for the fulfillment of a mission carried out in the public interest or in the exercise of public powers conferred on the person responsible for the treatment (…)”.

Under this provision, data processing is lawful and does not require consent when the data processing is carried out for the exercise of public powers.

This provision would cover the processing of data of public employees, for the exercise of the competence to resolve administrative appeals, and for the exercise of sanctioning power, which includes disciplinary power.

It would also cover the processing of public employees' data for submission to judicial bodies.

Interested parties

  • Employees (civil servants and workers who provide services to the AEAT)
  • Other persons who are not public employees but who are interested parties in administrative or judicial proceedings (participants in selection processes, employees of companies awarded services, etc.).

Details

  • Identification of the interested party, type of file, appeal or claim and the circumstances thereof
  • Other data on other human resources processing activities necessary for resolving the appeals.

Treatments

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

Recipients

  • Courts and tribunals
  • State Attorneys and other procedural representatives
  • Other Ministerial Departments, at their request, especially the Ministry of Finance.

International transfers

Not foreseen

Profiling

Does not apply

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.