El derecho a la protección de datos de los empleados públicossimilitudes y peculiaridades en comparación con los trabajadores por cuenta ajena

Abstract

The paper analyzes the right to data protection of public employees after the publication of a new Spanish Organic Law that regulates said right. The common denominator of the work will be the question of whether legal assets such as “public interest” or the special subjection that links public employees with the Public Administrations interfere, and how much, in the full exercise of the right to data protection of those employees. From a general perspective, the work focuses on the transposition of the new data protection regulations into the field of public employment, underlining the deficiencies that the legislator has been able to incur in comparison with the employed persons in the private sector, and performing interpretive work and systematic of those with the objective of contributing some proposals. From a more concrete perspective, the work analyzes the state of the question of the right to the protection of personal data when they are processed “in the exercise of public powers” (personnel records that the Administration manages for the management of its human resources, data processing for the control of work activity, etc.), going to the end to explore the dimension of the processing “for the fulfillment of a mission carried out in the public interest” (disclosure of personal data of public employees in order to fill the principles of transparency and good governance or the principle of reuse of public data).