Additional information on personal data protection in the management process for the election of staff representative bodies

In accordance with Art.13 and 14 of the Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter GDPR), we inform you that the personal data of the staff providing services at the Ministry will be processed by the Undersecretary of the Ministry of Youth and Childhood to facilitate the holding of the election process for representation bodies of the personnel serving the General State Administration. Additionally, they will be processed by the General Subdirectorate of Personnel, Services Inspection, and Coordination in its capacity as the controller of the processing in the exercise of the competences attributed (Royal Decree 211/2024, of February 27, which develops the basic organic structure of the Ministry of Youth and Childhood). 

Additionally, the following detailed information on the specific processing of personal data carried out by the Undersecretary is provided to facilitate the management of data concerning the election process for representation bodies of the personnel serving the General State Administration.

Who is responsible for processing your data?

Data Controller - General Subdirectorate of Personnel, Services Inspection, and Coordination 
Unit of the Undersecretariat of Youth and Childhood    
C/Alcalá 27, 28014, MADRID.              
sgpers-insp-co@juventudeinfancia.gob.es

What are the contact details of the Data Protection Officer?

Data Protection Officer - Undersecretariat of Youth and Childhood        
C/Alcalá 27, 28014, MADRID.        
dpd@juventudeinfancia.gob.es

Who are the data subjects?

All employed personnel providing services at the Ministry of Youth and Childhood.

What data of the data subject will we process?

Name, ID number, date of birth, gender, seniority, and assignment unit.

For what purpose will the Undersecretariat of Youth and Childhood process your data?

The purpose of the processing will be the management of the election process for representation bodies of the personnel serving the General State Administration.

How long will my data be kept in the systems of the Undersecretariat of Youth and Childhood?

The data will be kept for as long as necessary to fulfill the purpose for which they were collected, applying the provisions of the archiving and documentation regulations.

What legitimates the Undersecretariat of Youth and Childhood to process your data for the indicated purposes?

The processing of data is necessary to comply with a legal obligation attributed to the Undersecretariat of Youth and Childhood as the data controller (Article 6.1.c of the GDPR) through the following regulations:

  • Royal Legislative Decree 5/2015, of October 30, approving the revised text of the Basic Statute of Public Employees Law (EBEP), and its implementing regulations. 
  • Royal Legislative Decree 2/2015, of October 23, approving the revised text of the Workers' Statute Law.
  • Organic Law 11/1985, of August 2, of Trade Union Freedom (BOE of August 8). 
  • Art. 7 of Law 9/1987, of June 12, on representation bodies, determination of working conditions, and participation of personnel at the service of Public Administrations, modified by Law 7/1990, of July 19, on collective bargaining (BOE of July 20), and by Law 18/1994, of June 30, regarding the electoral procedure (BOE of July 1; correction of errors BOE of July 18).
  • Royal Decree 1846/1994, of September 9, approving the regulation on elections to the representation bodies at the service of the General State Administration (BOE of September 13).
  • Resolution of September 14, 1994, of the State Secretariat for Public Administration, issuing instructions on the preliminary display of the official census in workplaces and outlining the criteria for action in the trade union elections procedures for personnel serving the General State Administration, including the Administration of Justice (BOE of September 29) and Resolution of May 9, 2007, of the General Secretariat for Public Administration, amending the Sixth Instruction of the Resolution of September 14, 1994 (BOE of May 23).
  • Law 36/2011, of October 10, regulating the social jurisdiction.
  • Royal Decree 1844/1994, of September 9, approving the Regulation on elections to workers' representation bodies in the company (BOE of September 13).
To whom will my data be communicated?

The aforementioned data will be subject to processing or transfer to the units of the ministerial department that are competent by matter (Royal Decree 211/2024, of February 27, developing the basic organic structure of the Ministry of Youth and Childhood), as well as other units, departments, agencies or autonomous bodies competent in the matter and upon request (Spanish Data Protection Agency, CCN, judiciary bodies, etc).

Will my data be transferred internationally?

International transfer to third countries or international organizations is not anticipated without the express consent of the data subject, except in legally provided cases.

What are your rights when you provide your personal data?
  • Any person has the right to obtain confirmation as to whether the Undersecretariat of Youth and Childhood is processing personal data concerning them, or not
  • Data subjects have the right to access their personal data, as well as to request the rectification of inaccurate data.
  • In certain circumstances and for reasons related to your particular situation, which must be justified and attached along with the request, you may object to the specific processing of your data based on the provisions of art. 21 of the GDPR. In other words, the exercise of the right to object must be accompanied by an expression of its cause so that the Directorate General for Youth and Childhood can weigh the reasons claimed, with absolute opposition not being valid as it could be understood as the revocation of a consent that has not been given as this is not the legal basis of the processing. The Undersecretariat of Youth and Childhood will stop processing your data unless legitimate compelling grounds for the processing that override your interests, rights, and freedoms, or for the formulation, exercise, and defense of your claims are demonstrated.
  • You may request the limitation of the processing of your personal data, when:
    • The accuracy of these is contested and for the period that allows the Undersecretariat of Youth and Childhood to verify their accuracy.
    • You request that we preserve them when they are no longer necessary for the purpose for which they were collected and prior to their deletion by the Undersecretariat of Youth and Childhood, in which case we will only keep them for the exercise or defense of claims.
    • Once you have requested the exercise of your right to object to the processing, while it is verified whether the reasons of the Undersecretariat of Youth and Childhood for processing your data are legitimate, and therefore prevail over yours.
  • You can exercise these rights by request directed to the Undersecretariat of Youth and Childhood through this form, or in person through the network of offices of assistance in registration using this request form (editable and printable version)
  • Similarly, you can file a complaint with the Spanish Data Protection Agency when you consider that you have not obtained satisfaction in the exercise of your rights, either through their web form (Claim Form of the Spanish Data Protection Agency), or in person at c/ Jorge Juan 6, 28001 MADRID. 
What security measures are applied?

The security measures implemented correspond to those provided in Annex II (Security measures) of Royal Decree 311/2022, of May 3, regulating the National Security Scheme in the field of Electronic Administration and which are described in the documents comprising the Ministry's information security policy.


 

Automatically translated with OpenAI from Spanish