Spanish Agency

In other cases not covered by this Article, it would be necessary to obtain the consent of interested parties before to be able to communicate their data. Consequently not all information should be accessible to the representatives of workers and thus for example, businessman not should facilitate employees payroll to the works Committee without your consent, since the information they contain exceeds the functions conferred by law to those representatives, the contribution of documents TC1 and TC2 being enough in this matter. The situation is a little complicated if we take into account that the ET on the one hand recognizes the company Committee the ability to exercise administrative and judicial actions and attributed, powers that represent a position of independence from the employer and on the other hand we must bear in mind that this body does not have its own legal personality, therefore cannot be considered as responsible for the file, as defined by article 3 of the data protection act as a natural or legal person of public or private nature, or body administrative, who decide on the purpose, content and use of the treatment. Consequently this body nor could be punished directly by the Spanish Agency for data protection (AEPD) even when you vulnerase the rules of data protection. What happens then when the company Committee commits infringements arising from this regulation and measures should take the employer to prevent these situations? First and foremost should be stressed that the representatives of the workers by the mere fact of receiving confidential information, yes you are required to comply with the provisions of the law in this respect article 11.5 of the LOPD has one to whom personal data is disclosed undertakes, by the mere fact of the communication, to the observance of the provisions of this Act. Therefore, the Committee should attempt the data to which you have access only in accordance with the provisions of article 64.1 of the ET, since in the event that used them to any other purpose other than the correct development and control of the employment relationship violate article 4.2 of the LOPD.