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Information to the interested party on data protection

5.79. Disciplinary files, administrative resources and monitoring of judicial procedures

Description of the activity

Management and control of the administrative resources presented by the AEAT official staff, and monitoring of the resources presented in court by AEAT official and labor personnel, referring to matters in the field of human resources. These resources refer to matters such as selection processes, provision 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 files of AEAT personnel.


Processing and resolution of resources and claims regarding personnel.

Processing and resolution of disciplinary files for personnel assigned to the AEAT.

Monitoring and forwarding of documentation of judicial procedures in contentious-administrative and social proceedings.


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 precept, data processing is lawful, and will not require consent, when 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 power to resolve administrative appeals, and for the exercise of sanctioning power, in which disciplinary power is subsumed.

Likewise, it would cover the processing of data of public employees for submission to judicial bodies.


  • Employees (official and labor personnel who serve in the AEAT)
  • Other people who do not have the status of public employees and who, however, have the status of interested parties in administrative or judicial procedures (participants in selective processes, workers of companies awarded services, etc.).


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


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


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

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.

In the specific case of data of a disciplinary nature concerning disciplinary sanctions, these are deleted from the HR management application, and their deletion is also requested from the Central Personnel Registry, through the cancellation of disciplinary sanctions, in application of the regulation provided in the Disciplinary Regime Regulations and the Collective Agreement of the AEAT.

The deadlines for canceling sanctions are as follows:

Official Staff:

Royal Decree 33/1986, of January 10, which approves the Regulation of Disciplinary Regime of Officials of the State Administration, article 51.

Very serious faults: 6 years.

Serious misconduct: 2 years.

Slight faults: 6 months.

Work staff:

IV Collective Agreement of the AEAT staff, article 78.4:

Very serious faults: 2 years.

Serious misconduct: 1 year.

Slight faults: 3 months

However, the data referring to said disciplinary sanctions remain available to the Management Unit for timely management.


Does not apply

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.