2.3. What is the legal basis that legitimizes the processing of your personal data? In other words, what grounds or enables us to process your personal data?
The legal basis that legitimizes us for the treatment of your data may be diverse: (i) normally, in the public sector, the legitimacy resides in the need to comply with a legal obligation, a mission carried out in the public interest or in the exercise of the competences or public powers granted to the Cádiz City Council; (ii) and, where appropriate, the execution of a contract to which you are a party, as a contractor or successful bidder, such as the consent that, where appropriate, may have been required for the processing of your personal data.

In any case, to find out what legal basis(s) legitimize the processing of your personal data, you can consult more information in the Record of Processing Activities:

https://institucional.cadiz.es/area/Protecci%C3%B3n-de-datos/2614

The provision of the data we request is mandatory because they are essential to meet your request or provide our services; if you do not provide them to us, we will not be able to carry them out or provide them.

In the event that the treatment is based on your consent, it will be understood to be granted unequivocally, considering said contribution a clear affirmative act on your part, which expresses said consent.

In the event that you communicate personal data of other natural persons, you must respect their privacy. Only its owner can authorize the processing of their personal data. You will be entitled to process the personal data of other natural persons, in the event that you act as a legal or voluntary representative or, in the event that, in knowledge of them, they are transmitted for the complaint or claim of rights in front of it.

The publication of data of third parties without their consent may infringe, in addition to the regulations on data protection, that relating to the right to honor, privacy or the image of said third parties.

2.4. How long do we keep your personal data?
In general, the personal data that is provided to us will be kept to maintain a history of attention and manage our services efficiently and the interested party does not request its deletion. Even if the deletion is requested, they will remain blocked for the time necessary, and limiting their treatment, only for one of these cases: comply with the legal/contractual obligations of any kind to which we are subject and/or during the legal periods established for the prescription of any responsibilities on our part and/or the exercise or defense of claims derived from the relationship maintained with the citizen/interested person.

In any case, you can obtain more information, depending on the personal data processing activity in question, in our Record of Processing Activities:

https://institucional.cadiz.es/area/Protecci%C3%B3n-de-datos/2614

2.5. Who can be assignees or recipients of your personal data?
The data you provide us may be transferred or communicated to entities, public or private, to which the transmission is mandatory or necessary for the achievement of specific and legitimate purposes.

In any case, you can obtain more information on who may be recipients or assignees, depending on the personal data processing activity in question, in our Record of Processing Activities:

https://institucional.cadiz.es/area/Protecci%C3%B3n-de-datos/2614

2.6. Security of personal data.

In accordance with the First Additional Provision of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, the security, technical and organizational measures adopted by the City Council of Cádiz and intended to safeguard the confidentiality and protection of personal data, avoiding their loss, alteration or unauthorized access, are those established in Annex II of Royal Decree 3/2010, of January 8, which regulates the National Security Scheme in the field of Electronic Administration (ENS).

2.7. What are your data protection rights and how can you exercise them?

You may exercise your rights of access, rectification, deletion, limitation or, where appropriate, opposition. for these purposes, you must submit a document to the City Council of Cádiz, Casa Consistorial, Plaza de San Juan de Dios, s/n, 11005 Cádiz. In the letter you must specify which of these rights you request to be satisfied and, in turn, you must show or, in the case of postal delivery, accompany the photocopy of the DNI or equivalent identification document. In the event that you act through a representative, legal or voluntary, you must also provide a document that proves the representation and identification document of the same.

Likewise, if you consider that your right to personal data protection has been violated, you may file a claim with our Data Protection Officer (delegatedeprotecciondedatos@cadiz.es) or, where appropriate, with the Transparency Council.
and Data Protection of Andalusia ( www.ctpdandalucia.es ).

Below is more information about the exercise of your data protection rights:

• a) What are my rights?
• b) Who can exercise these rights before the Cádiz City Council?
• c) How and where can I exercise these rights?
• d) Additional information

a) What are my rights?

The data protection regulations allow you to exercise your rights of access, rectification, opposition, deletion (“right to be forgotten”), limitation of treatment and not being the subject of individualized decisions before the data controller, the Cádiz City Council. , in accordance with Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data and which repeals Directive 95/46/CE (General Data Protection Regulation, hereinafter <<RGPD>>) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD):

Right of access
You have the right to know:

• Whether or not we are treating personal data that concerns you.
• The origin of your data, if you did not provide it to us.
• The purposes of processing your data.
• The categories of data in question.
• The recipients or categories of recipients to whom the personal data were or will be disclosed.
• If possible, the expected period of conservation of the personal data (or, if not possible, the criteria used to determine this period).
• The right to file a claim with a supervisory authority.
• If we make automated decisions – including profiling – using your personal data.

Right of rectification
You have the right to have your personal data rectified:

• Completing them, if they were incomplete.
• Updating or rectifying them, if for any reason they are no longer consistent with current reality or are inaccurate.
• By exercising the right of rectification, we will ensure that all your personal data is accurate and complete.

Right of deletion
You have the right to have your personal data deleted when any of the following conditions apply:

• These data are no longer necessary for the purposes for which they were collected or processed.
• You withdraw the consent on which we base the processing of your data and it cannot be covered by another basis of legitimacy.
• You have successfully exercised the right to object to the processing of your data.
• The personal data has been unlawfully processed.

Right to limitation of treatment
You will have the right to obtain the limitation of the processing of your personal data (that is, that we keep them without using them for the intended purposes) as long as any of the following conditions are met:

• You request the rectification of your personal data, during a period that allows the Cádiz City Council as responsible to verify the accuracy of the same.
• The treatment is unlawful and you oppose the deletion of personal data, requesting instead the limitation of its use.
• You have opposed the treatment while it is verified if the legitimate reasons of the Cádiz City Council prevail over your right.

Right of opposition
You have the right to ask us to stop using your personal data, for example where you think the personal data we hold about you may be incorrect or you think we no longer need to use it.

b) Who can exercise these rights before the Cádiz City Council?
You, as the interested party or owner of the personal data, acting in your own name and right.

Through another person who acts, duly accredited, as a legal representative (eg when the holders of parental authority or guardianship act on behalf of a person under 14 years of age or when acting as the legal representative of a person with functional diversity)
or volunteer (person that you have freely and voluntarily granted powers of attorney for these purposes).

c) How and where can I exercise these rights?

face-to-face
You can submit the document through the Entry Register or you can send us your request by mail addressed to the Cádiz City Council – Data Protection Town Hall, Plaza de San Juan de Dios, s/n, 11005 Cádiz.

By Internet
You can submit the document through the Entry Register of the electronic office, or through our Data Protection Officer: delegatedeprotecciondedatos@cadiz.es.

In both cases yes, you must:

• Provide sufficient data and information to meet the request. For these purposes, you may use the form models made available by the Spanish Data Protection Agency https://www.aepd.es/es/derechos-y-deberes/conoce-tus-derechos.
• Sign the form handwritten or, if applicable, and if you have a recognized digital certificate, sign it electronically.
• Attach a photocopy of DNI, Passport, NIE or other equivalent identification document. In case of acting on behalf of a third party, a copy of their DNI or equivalent identification document must also be included, as well as the document accrediting the representation of the interested party.
• Send the form and supporting documents of your identity by any of the aforementioned means.

d) Additional information

The Cádiz City Council will analyze whether or not the petition is in accordance with the law. It will inform the petitioner of the decision adopted, proceeding accordingly: if it is upheld, it will adopt the appropriate measures according to the right exercised; if it is dismissed, it will indicate the system of resources provided by law. In the event that the requests are manifestly unfounded or excessive (eg, repetitive), the Cádiz City Council may: (i) Charge a fee proportional to the administrative costs incurred (ii) Refuse to act.

For more information or clarification about your rights in personal data protection, you can contact our Data Protection Officer
delegadodeprotecciondedatos@cadiz.es

 

3. PARTICULAR INFORMATION ON THE USE OF SURVEILLANCE CAMERAS OR VIDEO CAMERAS BY THE CADIZ CITY COUNCIL

3.1. Video surveillance in buildings and facilities
In order to guarantee the security of goods, facilities and dependencies, as well as of the people who work or access them, the Cádiz City Council reports that it has placed surveillance cameras or video cameras. It is about having a measure of anticipation and prevention against possible risks, dangers or infractions that affect people, goods and facilities.

The images captured by the video surveillance systems are treated by the Cádiz City Council as the controller.

The legality of the treatment is based on article 6.1.e) of the RGPD: 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, based on Organic Law 4 /2015, of March 30, on the protection of citizen security.

The images (personal data) will be kept for a maximum period of one month, unless they must be blocked for making them available to the competent public authorities, in the event of having captured illegal or irregular acts. Thus, the images may be transferred, where appropriate, to Security Forces and Bodies, as well as to Courts or Tribunals.

Note.- To exercise the rights of access or deletion of the images of your person [or, where appropriate, of your represented] you must provide [in addition to the information cited above in relation to the exercise of rights] a photograph updated, in order to be able to be identified, where appropriate, in the recorded images. As well as, indicate, as closely as possible, the date/s, time/s and place/s in which, supposedly, it was recorded.

3.2. Video surveillance citizen security
The Cádiz City Council, as the person in charge, informs that the images captured by the video surveillance systems placed in public spaces or places, in order to guarantee the security of the rights, freedoms and security of citizens.

The legality of the treatment is based on article 6.1.e) of the RGPD: 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 controller, in accordance with Organic Law 4 /1997, of August 4, which regulates the use of video cameras by the Security Forces and Bodies in public places.

The images may be transferred to other Security Forces and Bodies, as well as to the Courts and Tribunals. No transfers to third countries or international organizations are planned, except by legal obligation.

The images (personal data) will be kept for a maximum period of one month, unless they must be blocked for making them available to the competent public authorities, in the event of having captured illegal or irregular acts.

Note. – For the exercise of the rights of access or deletion of the images of your person [or, where appropriate, of your represented] you must provide [in addition to the information cited above in relation to the exercise of rights] an updated photograph, in order to be able to be identified, where appropriate, in the recorded images. As well as, indicate, as closely as possible, the date/s, time/s and place/s in which, supposedly, it was recorded.

3.3. Video surveillance traffic control

The Cádiz City Council has placed cameras or video cameras on municipal roads, with the aim of controlling, regulating, monitoring and disciplining traffic. The captured images are treated by the body of Local Police Agents of the City Council.

The legality of the treatment is based on article 6.1.e) of the RGPD: 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 controller, in accordance with Organic Law 4 /1997, of August 4, which regulates the use of video cameras by the Security Forces and Bodies in public places and Royal Legislative Decree 6/2015, of October 30, which approves the consolidated text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety, and other specific regulations on the matter.

The images may be transferred to other Security Forces and Bodies, as well as to the Courts and Tribunals. No transfers to third countries or international organizations are planned, except by legal obligation.

The images (personal data) will be kept for a maximum period of one month, unless they must be blocked, in case of having captured illegal or irregular acts; disposing of the same for the purposes of application of the sanctioning regime and, where appropriate, made available to the competent public authority, as well as Courts or Tr

ibunals.

3.4. Access control to pedestrian areas

In order to control access to pedestrian areas to sanction unauthorized vehicles that access them, the Cádiz City Council, as the person in charge, reports that it has placed surveillance cameras or video cameras in areas of these characteristics.
The legality of the treatment is based on article 6.1.e) of the RGPD: 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 controller, in accordance with Organic Law 4 /1997, of August 4, which regulates the use of video cameras by the Security Forces and Bodies in public places.

The images may be transferred to other Security Forces and Bodies, as well as to the Courts and Tribunals.

The images (personal data) will be kept for a maximum period of one month, unless they must be blocked, in case of having captured illegal or irregular acts; disposing of the same for the purposes of application of the sanctioning regime and, where appropriate, made available to the competent public authority, as well as Courts or Tribunals.

3.5. Recording of municipal plenary sessions

In the field of Public Administrations, Law 40/2015, of October 1, on the Legal Regime of the Public Sector, has provided that meetings held by collegiate bodies (in this case, the Plenary) can be recorded, with the File resulting from the recording accompany the minutes of the sessions. These recordings are preserved guaranteeing the integrity and authenticity of the aforementioned file, as well as access to it by the members of the collegiate body.

In this case, the Cádiz City Council records the plenary sessions in order to help prepare the minutes of the plenary session, maintain a historical archive of the development of the plenary sessions and proceed with the dissemination or publication through the page municipal website and, where appropriate, social networks.

The legality of the treatment is based on article 6.1.e) of the RGPD: 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 controller, in accordance with Law 7/ 1985, of April 2, Regulator of the Bases of the Local Regime. In the event that you attend the plenary session as a public, your image may be recorded, prevailing the public interest of the session against the individual right to privacy, own image and protection of personal data.

The fundamental rights of people will be guaranteed, in accordance with article 18.1 of the Spanish Constitution (right to honour, personal and family privacy and one’s own image), as established in article 70 of Law 7/1985 , of April 2, Regulating the Bases of the Local Regime, avoiding the recording and broadcasting of those matters that may affect the fundamental rights of citizens and, where appropriate, so agreed by an absolute majority.