They open a file to the Marbella City Council for facial recognition [1670]
The Transparency and Data Protection Council of Andalusia has notified the SEPMA union of the opening of a procedure against the Marbella City Council for a possible infringement by using, without prior consent of the workers, facial recognition as a system for controlling working hours.The claim has been made by the SEPMA union, from where they consider that the General Data Protection Regulation of the European Union and the Organic Law on Data Protection may have been violated.
As transmitted to you by the Transparency and Data Protection Council of Andalusia, the facts could constitute an infringement.
The union recalls the doctrine of the Constitutional Court that establishes data protection as a fundamental right, which guarantees the person control over their data, its use and destination, to avoid illicit trafficking of the same.
Through a statement, SEPMA highlights "the absence of consent" as key, without which the use of facial recognition cannot be forced.
They explain that there are other possibilities "just as effective and less invasive of identity, as well as impact evaluation."
This system has been implemented in the Town Hall and the delegations of Urban Planning, Public Roads, Commerce, Cleaning, Works, Tourism, as well as Mayor's Offices and all operational services are in progress.
As an exception, in some cases dialing is done using computer equipment (a minority) and in others, those who have an Android system are forced to install a computer application
The union informs the workers who put at their service the reresolutionution they have now received and the necessary advice.
At the same time, they criticize that this measure "has not deserved the attention and opposition of the workers' representative bodies", referring to the Works Committee and the Personnel Board.
/>Marbella City Council uses biometric data (fingerprint and facial recognition) to control and record the work day.
To apply these types of technologies, they are considered personal data. The prior consent of the user is essential, something that according to SEPMA would not have been done in the Marbella City Council.
It orders the initiation of prior investigative actions in order to achieve a better determination of the facts.
These actions may not last longer than eighteen months from the date of the agreement and upon completion a reresolutionution will be issued.
Font: Marbella 24h