Did you know that town councils that do not have a data protection officer will be sanctioned?
He 30% of the Andalusian town halls It is still pending to name that key figure for the fulfillment of the data protection regulations.
He Transparency and Data Protection Council of Andalusia, according to a recent publication, is going to initiate sanctioning procedures against all those Andalusian town councils that have not yet appointed a data protection delegate (DPD).
This obligation arises from the General Data Protection Regulation (RGPD) and is also contemplated in the Organic Law on the Protection of Personal Data and guarantee of digital rights.
The European regulation considers a violation of regulations so much do not appoint DPD as not communicating it to the supervisory authority, in this case, to the Transparency and Data Protection Council of Andalusia, the competent body since October 2019, at which time the Spanish Data Protection Agency (AEPD) no longer assumed autonomous competence in the public sector, which has recently been the subject of the news that can be accessed in its entirety from this link.
Sanctions on city councils
The DPD figure It is transcendence capital For the public sector (beyond its obligation in the private organizational sphere), its performance is essential for the correct development of the usual administrative tasks, but also for the use of innovative technologies (artificial intelligence, big data, smart cities), biometric identification systems, for adequate automated decision-making through algorithms, for the provision of health services and to vulnerable groups, all of them treatments in which the rights and freedoms of people may be affected.
If you are interested in data protection, we inform you that As of December 17, the figure of the Data Protection Delegate (DPD) is mandatory for companies or public entities that implement an internal complaints channel (whether to comply with the Law or voluntarily), and must designate a DPO, if they do not already have one designated.
Essential DPD
Likewise, companies that are responsible for the external management of the whistleblowing channel and the Whistleblower Protection Authority must also have a data protection officer (DPD).
They must have an internal complaints channel:
• Companies with 50 or more workers.
• Public entities of municipalities with more than 10,000 inhabitants.
• Companies affected by the Money Laundering Law (regardless of your number of employees).
• Companies with a Compliance.
• Companies with Equality Plan, since they must implement a channel for reporting sexual or gender-based harassment.
• Companies or entities in the sports, leisure or educational field when they have the presence of minors, to report situations of harassment or violence.
• Those legal entities in the private sector to which the law applies will also have to have a complaints channel. European regulations on financial products and markets, prevention of money laundering or terrorist financing, transport security and environmental protection.
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