The General Data Protection Regulation - RGPD established the rules regarding the protection of natural persons with regard to the processing of personal data and their free circulation, and also defended their fundamental rights and freedoms, namely the right to protection of personal data.
In this way, in accordance with the provisions of the RGPD, the Municipality of Setúbal is committed to guaranteeing respect for the rights of holders of personal data, namely: the right of access and information, rectification, limitation of treatment, portability , the right to be forgotten, to withdraw consent and opposition, the right not to be subject to individual decisions taken in a fully automated manner, including profiling and the right to file a complaint, provided for in articles 13 to 22 of the GDPR.
Also, according to the RGPD, personal data is information relating to a natural person, therefore an individual, identified or identifiable, the latter being the person who can be identified directly or indirectly, in particular by reference to an identifier, such as example a name, an identification number, location data, electronic identifiers or one or more elements specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Among the personal data, there are those that are considered sensitive data and that are established in article 9 of the RGPD, which require the adoption of special data processing measures.
The RGPD, in its article 6, came to stipulate that the processing of personal data is lawful if, and to the extent that at least one of the situations indicated below occurs:
- The data subject has given his consent to the processing of his personal data for one or more specific purposes;
- The processing is necessary for the performance of a contract to which the data subject is a party, or for pre-contractual measures at the request of the data subject;
- The processing is necessary for the fulfillment of a legal obligation to which the controller is subject;
- The processing is necessary to defend the vital interests of the data subject or another natural person;
- The processing is necessary for the exercise of functions in the public interest or for the exercise of public authority vested in the controller;
- The processing is necessary for the legitimate interests pursued by the controller or by third parties, unless the interests or fundamental rights and freedoms of the holder that require the protection of personal data prevail, in particular if the holder is a child.
With a view to greater rationality and operability of municipal services and the provisions of Law No. 75/2013, of September 12, the Municipality of Setúbal, organized in accordance with the Regulations for the Organization of Municipal Services in force which, in scope of the provision of municipal services, collects and processes personal data of several natural persons, including citizens, visitors, among other beneficiaries of municipal services (jointly designated, for the purposes of this policy, as “beneficiaries of municipal services” or “holders of municipal services”). data").
1. Responsible for the treatment
The Municipality of Setúbal, hereinafter referred to as «responsible for the treatment» of personal data in the GDPR, with the following contacts:
Phone Number: 265 541 500;
e-mail: email@example.com or firstname.lastname@example.org
2. Data Protection Officer
The Data Protection Officer (EPD) of the Municipality of Setúbal has the mission of informing and advising the services on the obligations imposed by the General Regulation on Data Protection and, also, ensuring that the other data holders are aware of how the your personal data are processed and what rights you have in this matter.
Holders of personal data can contact the EPD to clarify any questions they deem relevant, related to the processing of their personal data and the exercise of their rights.
The EPD of the Municipality of Setúbal can be contacted during the opening hours defined for most of the municipal services of the Municipality of Setúbal, through the following contacts:
Phone Number: 265 541 500;
3. Origin and purpose of collection of personal data
The Municipality of Setúbal ensures that the processing of personal data is carried out within the scope of the purposes for which they were collected or for purposes compatible with the initial purpose for which they were collected.
The Municipality of Setúbal collects personal data at various times and through various communication channels, including telephone, email, traditional mail and in person.
In most data collection situations, the Municipality of Setúbal uses its own forms whose completion and subsequent sending or delivery to the Municipality are the responsibility of the data subject.
The Municipality of Setúbal is committed to implementing a culture of data minimization, in which it only collects, uses and retains the personal data strictly necessary for the development of its activity and the satisfaction of citizens' interests.
The personal data of users of its institutional website (www.visitsetubal.com) are collected within the scope of the services it provides, necessary for the execution of the projects to be carried out, guaranteeing that any processing of personal data is lawful and in compliance with all requirements imposed by the applicable legislation on the collection, processing and protection of personal data and ensuring that such activities, where applicable, are properly regulated through the conclusion of data processing agreements.
The institutional website of the Tourism Division of the Municipality of Setúbal may contain links to other websites, national or foreign.
By establishing, from this site, links with other sites on the Internet, either through a link or one banner, you can receive a cookie of the partners.
4. Transmission of personal data to third parties
The Municipality of Setúbal may only share personal data with third parties with the express consent of the data subject, in strict compliance with legal obligations, or in the exercise of public interest functions, ensuring the confidentiality and security of personal data during transmission.
The Municipality of Setúbal warns that it does not sell or disclose your personal data to companies, with the purpose of marketing direct or to other entities that resort to mailing lists for advertising products and/or services.
5. Storage of personal data
Personal data are stored by the Municipality on physical support and on servers, protected from unauthorized access, use or disclosure.
The Municipality of Setúbal frequently reviews its data collection, storage and processing policies to ensure that it only collects, stores and processes essential information.
6. Preservation of personal data
Data conservation periods may change significantly when archiving purposes of public interest, historical, scientific or statistical reasons are at stake, and the Municipality of Setúbal undertakes to adopt appropriate conservation and security measures.
7. Right of access and information
The data subject has the right to obtain confirmation that personal data are, or are not, subject to treatment.
The holder may, at any time, request the Municipality of Setúbal for information on the content and processing of the personal data collected, namely:
- Purpose for which they are intended;
- Legal base;
- Identity of the data controller and/or data protection officer;
- Categories of the personal data concerned;
- Recipients or categories of recipients to whom personal data have been or will be transmitted;
- Expected period for the conservation of personal data (when possible) or criteria used to set that period;
- The origin of the personal data – in case they were not provided directly by the holder;
- Existence of automated decisions and useful information about the logic of these decisions (including profiling) and the importance and consequences that the processing of this information may have for the data subject.
In addition to this information, the holder of the personal data can:
- Request the rectification, deletion or limitation of the processing of your personal data, or oppose such processing;
- Submit a complaint to the supervisory authority.
The information must be given to the holder, in a clear, simple and transparent manner.
8. Right of Rectification
The holder of personal data has the right to request, at any time, the rectification of their data that are subject to treatment by the Municipality of Setúbal.
Rectification may be requested, among other reasons, due to the fact that the data held by municipal services are outdated or incomplete.
In the event of the need to rectify the data, the services must notify each recipient to whom the data has been transmitted of the respective rectification, unless such communication proves to be impossible.
If the holder so requests, the service also provides information about the referred recipients.
9. Right to be forgotten, limited and opposed
The fact that the processing of personal data is lawful, based on the exercise of functions in the legitimate interest of the Municipality or third parties, does not prevent the holder from having the right to oppose the processing of personal data that concern his specific situation.
In this situation, the Municipality of Setúbal ceases processing the data of the holder, unless it presents compelling and legitimate reasons for such treatment that prevail over the interests, rights and freedoms of the holder, or for the purposes of declaration, exercise or defense of a right of the holder. Municipality in court.
The data subject may request the deletion of his personal data, without undue delay, when:
- Your personal data is not necessary for the purposes that justified its collection;
- Revoke the consent on which the processing of personal data is based, without any other legal basis justifying such processing;
- Oppose the processing of personal information, without a legitimate interest that justifies such processing;
- The processing of personal data was done illegitimately or illegally;
- To fulfill a legal obligation.
The right to be forgotten and to limit processing may be restricted if the Municipality is obliged to comply with legal and/or judicial obligations that require the processing of the data in question, for the exercise of the right to freedom of expression and information provided for constitutionally or in case of public interest in the dissemination of data, such as for example in the context of scientific, historical research or for statistical purposes.
Thus, the data subject can limit the processing of his personal data, when:
- Rectify the accuracy of your personal data;
- The processing of information is illegitimate and does not intend to delete your data, but to limit its processing;
- Its treatment is not necessary, except to comply with legal obligations;
- During the verification period of objection to the use of personal data;
- In a situation where the use of personal data is limited, the Municipality of Setúbal undertakes to use the data collected with the consent of the data subject or if it is required to comply with legal and/or judicial obligations that require the processing of the data in question. , for the exercise of the constitutionally provided right to freedom of expression and information, or in case of public interest in the disclosure of data, such as in the context of scientific or historical investigations or for statistical purposes.
10. Right to portability
The data subject also has the right to receive personal data concerning him, whose automated treatment is based on consent or contract, in a digital format in current use and automatic reading or request the direct transmission of his data to another entity. , but in this case only if technically possible.
11. Automated decisions
The data subject should not be subject to a decision based exclusively on automated processing that is legally binding or that significantly affects him, except when:
- Algorithm-based decision is required (ie, there must be no other way to achieve the same goal);
- EU law or national law permits the use of algorithms and provides adequate safeguards to safeguard the rights, freedoms and legitimate interests of the individual;
- The person has expressly consented to a decision based on the algorithm.
In these situations, the Municipality of Setúbal must inform the data subject of the logic involved in the decision process, the possible consequences of the treatment and their right to oppose the decision.
12. Right of complaint
If you consider that the processing of your personal data violates the RGPD, the data subject can make an appointment for a face-to-face service or contact the Municipality by Email to the address: email@example.com, or by letter to the services of the Town Hall, located in Praça de Bocage, Setúbal.
The data subject may, at any time, complain to the supervisory authority, through the following link: http://www.cnpd.pt/cidadaos/participacoes/
13. How to exercise your rights
In the event that the data subject intends to communicate the occurrence of any situation of violation of personal data that causes, accidentally or unlawfully, the destruction, loss, alteration, disclosure or unauthorized access to personal data transmitted, stored or subject to any other type of treatment, you must contact the controller using the form available on the Municipality's institutional website, or by e-mail: firstname.lastname@example.org.
The Municipality of Setúbal responds to the holder's request within a maximum period of 30 (thirty) days from receipt of the request, except in cases of special complexity in which this period may be extended for an equal period.
The Municipality of Setúbal uses a set of technologies, tools and security procedures making the best efforts to protect personal data from unauthorized access, use or disclosure.
If the Municipality of Setúbal detects any breach of personal data, it communicates the fact to the supervisory authority within the legal period of 72 hours.
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During opening hours for City Council services, by appointment, at the following address: Paços do Concelho, Praça de Bocage, 2901-866 Setúbal.
To the above address.
To the email address: email@example.com
to the number 265 541 500
Information updated on April 20, 2023