The Spanish Agency for Data Protection has issued a resolution sanctioning the Royal Spanish Handball Federation for violating the General Data Protection Regulation, by require the Vaccination Certificate to its affiliates. Therefore, it imposes a penalty of 27,000 euros.
The full content of the resolution can be found by clicking here
The letter indicates that, on September 29, 2021, the claim letter from two complainants against the Royal Spanish Handball Federation was entered. The reasons they gave were the following:
On the one hand, it was denounced that the RFEB was demanding that the players present the Covid19 vaccination certificate or, where appropriate, a negative antigen test, contrary to what is established by the Superior Courts of Justice of the Canary Islands, Andalusia and Galicia “since it supposes a violation of the right to privacy”.
The second complainant states that at the beginning of the season the RFEB communicated the established health protocol via email, and that “those affected carried out antigen tests for the first competition and the later ones have been carried out only by unvaccinated people, delivering test certificates.
The RFEB responded that this type of data collected on the health of affiliates, and that it is necessary to protect the vital interests of the interested parties as well as other natural persons. And they pointed out that the treatment was necessary “for reasons of public interest in the field of public health.”
Dated September 6, It was agreed by the Director of the Spanish Data Protection Agency to start a sanctioning procedure against the Royal Spanish Handball Federation for the alleged infringement of the General Data Protection Regulation. Specifically, for the possible infringement of the following articles:
-6.1, in accordance with article 83.5.a) of the GDPR, typified for the purposes of
prescription in article 72 .1. b) of the LOPDGDD.
– 9, in accordance with article 83.5.a) of the GDPR, typified for the purposes of
prescription in article 72.1 e) of the LOPDGDD.– 13, in accordance with article 83.5.b) of the GDPR, typified for prescription purposes in article 74 a) of the LOPDGDD
For this reason, the RFEB was imposed three sanctions:
-Article 6.1 of the GDPR, a fine of 10,000 euros could be imposed.
-Article 9 of the GDPR, a fine of 20,000 could be imposed
euros.
-Article 13 of the GDPR, a fine could be imposed, in the amount of 7,000
euros.
After this notification, the RFEB submitted a response, disagreeing with the consideration that the requirement of the aforementioned health documentation produced “affectation” of any fundamental right, for which reason it requested the annulment by operation of law.
Subsequent to this letter, a resolution proposal was issued on May 7, 2023, confirming the decision to sanction the FFEB from the General Directorate of the Data Protection Agency. The sanction that is then notified is the following:
-a violation of article 9 of the GDPR, in accordance with article 83.5.a),
classified as very serious for the purposes of prescription in article 72.1.e) of the
LOPDGDD, with a fine of 20,000 euros.
-An infringement of article 13 of the GDPR, in accordance with article 83.5.a),
classified as mild for prescription purposes in article 74.a) of the LOPDGDD,
with a fine of 7,000 euros.
Regarding the initial proposal, there is a penalty of ten thousand euros less.
It points out to the AEPD, among other issues, that “the reasoning of the defendant that rights are not affected, giving as an example the judgments of the Supreme Court in which in some it was ruled that the exhibition of the vaccination certificate or test did not affect privacy or personal data, is valid in said matter, which discusses a previously published norm that supposedly serves as support for the actions that it prescribes and that was ratified or confirmed by the jurisdictional bodies, while here there is no support that legitimizes what is required of the athletes, which does not consist of the mere exhibition of the vaccine or the PCR, but data processing, and conservation of the same, establishing the claimed means and ends for its achievement, which reaches the aforementioned requirement. Also the difference between one document and the other and its validity, while the vaccine is free within the public Social Security system, in this case, the PCR tests do not show that they are paid for by the petitioner, but by the athlete.
It is also indicated, regarding the fact of saving and maintaining the data of the athletes, “if the CSD administrative authority only recommended in its protocol the
carrying out tests, did not mention anything about providing vaccination, just like the sports authority of the AC of Murcia, the Federation estimates that, if it can collect the complete vaccination schedule or PCR test in the development of said protocol, which
In addition, it is not that it is exhibited, but that it is collected, stored and preserved during the competition season. Thus, it becomes the controller of a measure limiting rights, beyond what the CSD protocol indicates, clearly outside the limits of the aforementioned protocol, that is, more than a “mirror” protocol exceeds the thresholds provided for, contemplating itself as the holder of powers that exceed what its powers to organize the competition may be, and without fully respecting, as is appreciated in this procedure, the right to information in the collection of such data and lacking an enabling cause to collect, preserve and store (treat , not mere exhibition) this health data in the form of a certificate or test, imposing the claimed a measure of an entity with the power to impose restrictions for reasons of public health, which in this case lacks. Therefore, neither can it be deduced from the alleged sentence that the defendant may have the authorization to process the health data of the athletes of his federation via his own sports protocol.»
“No one returns my lost time anymore”
After learning of the resolution, one of the affected athletes, who through the networks has promptly reported the events that occurred, has expressed his feeling of helplessness.
“I just want to cry. To me nothing and no one returns the lost time, the terrible drink I had, that they threw me out like a dog and that they dirty my name»
I just want to cry
Nothing and no one can give me back the lost time, the terrible drink that happened that they threw me out like a dog and that dirty my name https://t.co/AM0MShkf7L— Velasco Reguera (@velasco_reguera) July 19, 2023
2023-07-23 04:25:00
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