The AEPD opens an investigation into the Ministry of the Interior for the report on journalists

The Spanish Data Protection Agency (AEPD) has decided to open an ex officio investigation against the Ministry of the Interior after El Confidencial revealed the existence of a report prepared by its communications office with a list of Spanish journalists and talk shows along with their political affiliation.

According to sources from the organization headed by Lorenzo Cotino, the objective of the investigation will be to analyze "the nature, scope, use and legal basis of this processing of personal data", but "without the initiation of these actions prejudging the existence of an infringement", as clarified by the AEPD in an informative note.

Sources from the AEPD clarify that the investigation begins due to the possible violation of the General Data Protection Regulation (RGDP), although at the beginning of the procedure "the Agency cannot determine if there is any type of violation." Now, the sources consulted point out that, to comply with the law, the Ministry of Fernando Grande-Marlaska should have obtained the journalists' consent for the processing of their data, which was evidently not done.

In any case, it is recalled that "all processing of personal data must comply with the requirements of article 5 of the General Data Protection Regulation (GDPR) - including the principle of limitation of purpose - and article 6 - existence of a basis of legality -".

In fact, the same sources point out that, when it comes to data of "special categories", such as ideology and political opinions, "there must be a cause that lifts the general prohibition of its processing established in article 9.1 of the RGPD."