The General Data Protection Regulation – GDPR has established the rules on the protection of individuals with regard to the processing of personal data and their free movement, and also to defend their fundamental rights and freedoms, including the right to the protection of personal data.
Thus, in accordance with the provisions of the GDPR, Setúbal City Council is committed to ensuring respect for the rights of the holders of personal data, namely: the right of access and information, rectification, limitation of processing, portability, the right to be forgotten, to withdraw consent and to object, the right not to be subject to individual decisions taken in a fully automated manner, including profiling and the right to lodge complaints, provided for in Articles 13 to 22 of the GDPR.
Also, according to the GDPR, personal data is information relating to a natural person, therefore a private individual, identified or identifiable, the latter being a person who can be identified directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, electronic identifiers, or to one or more factors 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 are established in Article 9 of the GDPR, which requires the adoption of special data processing measures.
Article 6 of the GDPR stipulates that the processing of personal data is lawful if and insofar as at least one of the following situations arises
(a) the data subject has given his/her consent to the processing of his/her personal data for one or more specific purposes;
(b) processing is necessary in order to perform a contract to which the data subject is party or to take steps at the request of the data subject prior to entering into a contract;
(c) processing is necessary for compliance with a legal obligation to which the controller is subject;
(d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
With a view to greater rationality and operability of the City Council services and the provisions of Law No. 75/2013 of 12 September, Setúbal Municipality, organized in accordance with the Regulation on the Organization of the City Council Services in force which, under the provision of City Council services, collects and processes personal data of various natural persons, including citizens, visitors, among other beneficiaries of municipal services (jointly referred to, for the purposes of this policy as “beneficiaries of the City Council services” or “data subjects”).
1. Person Responsible for Treatment
It is considered “Responsável pelo Tratamento”, meaning the person or entity that determines the purposes and means of processing the personal data of the data subjects, the Municipality of Setúbal, hereinafter referred to as “controller” of personal data within the meaning of the GDPR, with the following contact details:
Telephone: 265 541 500;
e-mail: firstname.lastname@example.org or email@example.com
2. Data Protection Officer
The Data Protection Officer (DPO) of Setúbal City Council has the mission to inform and advise the services on the obligations imposed by the General Data Protection Regulation and also to ensure that other data subjects are aware of how their personal data is processed and what rights they have in this regard.
The personal data subjects may contact the DPO to clarify any questions they may have regarding the processing of their personal data and the exercise of their rights.
The DPO of Setúbal City Council can be contacted during the opening hours defined for most of the City Council’s services, through the following contacts:
Telephone: 265 541 500;
3. Origin and purpose of the collection of personal data
Setúbal City Council ensures that personal data is processed within the scope of the purposes for which they were collected or for purposes compatible with the initial purpose for which they were collected.
Setúbal City Council collects personal data at various times and through various communication channels, including telephone, email, traditional mail, and in person.
In most situations of data collection, the Setúbal City Council uses its own forms whose completion and subsequent sending or delivery are the responsibility of the data subject.
Setúbal City Council is committed to implementing a culture of data minimization, in which it only collects, uses, and retains personal data that is strictly necessary for the development of its activities and the satisfaction of citizens’ interests.
The personal data of users of its institutional website on the internet (www.ecoparquesetubal.com) are collected under the scope of the services it provides, necessary for the implementation of the projects to be carried out, ensuring that any operation of processing of personal data is lawful and in accordance 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 duly regulated through the conclusion of data processing agreements.
The site may contain links to other domestic or foreign internet sites.
When establishing, from this site, links to other internet sites, either by means of a link or a banner, you may receive a cookie from the partners.
4. Transmission of personal data to third parties
Setúbal City Council 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 functions of public interest, ensuring the confidentiality and security of personal data during transmission.
Setúbal City Council warns that it does not sell or disclose your personal data to companies for direct marketing purposes or to other entities that use mailing lists for advertising products and/or services.
5. Storage of personal data
Personal data is stored by the City Council in physical support and on servers, protected from unauthorized access, use, or disclosure.
Setúbal City Council reviews its data collection, storage, and processing policies frequently to ensure that it collects, stores, and processes only the information that it requires.
6. Conservation of personal data
The data conservation periods may change significantly when archive purposes of public interest, historical, scientific, or statistical reasons are concerned, committing Setúbal City Council to adopt the appropriate conservation and security measures.
7. Right of access and information
The data subject has the right to obtain confirmation as to which personal data are, or are not, being processed.
The holder may, at any time, request Setúbal City Council to provide information on the content and processing of the personal data collected, namely
a) Purpose for which they are intended;
b) Legal basis;
c) Identity of the data controller and/or data protection officer;
d) the categories of personal data concerned
e) The recipients or categories of recipients to whom the personal data have been or will be transmitted;
f) The envisaged period for which the personal data will be stored (where possible) or criteria used to determine that period;
g) The origin of the personal data – in case they have not been provided directly by the data subject;
h) The existence of automated decisions and useful information about the logic behind these decisions (including profiling) and the relevance and consequences for the data subject of processing this information.
In addition to this information, the personal data subject may:
a) request rectification, erasure, or limitation of the processing of his or her personal data, or object to such processing;
b) lodge a complaint with the supervisory authority.
The information shall be given to the data subject 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 being processed by Setúbal City Council.
The rectification may be requested, among other reasons, because the data held by city council services are outdated or incomplete.
In the event of the need to rectify data, the services must notify each recipient to whom the data have been transmitted of the respective rectification unless such notification proves impossible.
If the data subject so requests, the service shall also provide information on those recipients.
9. Right to forget, limitation and opposition
The fact that the processing of personal data is lawful, based on the exercise of functions of the legitimate interest of the City Council or of third parties, does not prevent the data subject from having the right to oppose the processing of personal data concerning his/her specific situation.
In this situation, Setúbal City Council shall cease to process the data of the data subject, unless it provides compelling and legitimate reasons for such processing which override the interests, rights, and freedoms of the data subject, or for the purposes of the declaration, exercise or defense of a right of the City Council in legal proceedings.
The data subject may request the erasure of his/her personal data, without undue delay, when:
a) their personal data are no longer necessary for the purposes that justified their collection;
b) he/she withdraws the consent on which the processing of the personal data is based, without there being any other legal basis justifying the processing;
c) oppose the processing of personal data without there being a legitimate interest justifying such processing;
d) The processing of personal data was done unlawfully or illegitimately;
e) For compliance with a legal obligation.
The right to forget and to limit processing may be restricted if the City Council is obliged to comply with legal and/or judicial obligations requiring the processing of the data in question, for the exercise of the constitutionally provided right to freedom of expression and information or in the event of public interest in the disclosure of the data, as for example within the framework of scientific or historical research or for statistical purposes.
Thus, the data subject may limit the processing of his/her personal data when:
a) rectify the accuracy of their personal data;
b) The processing of the information is unlawful and they do not wish the elimination of their data, but rather the limitation of its processing;
c) Its processing is not necessary, except in compliance with legal obligations;
d) During the period for verification of objection to the use of personal data;
e) In situations of limitation of the use of personal data, Setúbal City Council undertakes to use the data collected with the consent of the data subject or if it is obliged to comply with legal and/or judicial obligations requiring the processing of the data in question, for the exercise of the right to freedom of expression and information provided for in the constitution, or in the event of public interest in the disclosure of data, such as for scientific or historical research or for statistical purposes.
10. Right to portability
The data subject shall also have the right to receive the personal data concerning him/her, the automated processing of which is based on consent or on a contract, in a commonly used and machine-readable digital format, or to request the direct transmission of his/her data to another entity, but in this case only if technically possible.
11. Automated decisions
The data subject shall not be subject to a decision based solely on automated processing which is legally binding or which significantly affects him or her, except where:
a) the algorithm-based decision is necessary (i.e. there should be no other way to achieve the same objective);
b) an EU or national law permits the use of algorithms and provides adequate safeguards to safeguard the rights, freedoms, and legitimate interests of the individual;
c) the person has expressly consented to a decision based on the algorithm.
In these situations, Setúbal City Council shall inform the data subject of the logic involved in the decision-making process, the possible consequences of the processing, and his or her right to object to the decision.
12. Right to complain
If the data subject considers that the processing of his/her personal data violates the GDPR, he/she may make an appointment to attend in person or contact the City Council by e-mail to the address: firstname.lastname@example.org, or by letter to the services of Paços do Concelho, located at 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
Should the data subject wish to report the occurrence of any personal data breach leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored, or otherwise processed, he or she shall contact the controller using the form available on the corporate website of the City Council, or via e-mail: email@example.com.
Setúbal City Council shall respond to the request of the holder 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.
Setúbal City Council uses a set of security technologies, tools and procedures developing the best efforts to protect personal data from unauthorized access, use or disclosure.
If Setúbal City Council detects any personal data breach, it will report it to the supervisory authority within 72 hours.
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During the opening hours of the Town Hall services, by appointment, at the following address: Paços do Concelho, Praça de Bocage, 2901-866 Setúbal.
To the above address.
To the email address: firstname.lastname@example.org
To the number 265 541 500
Information updated on 20 April 2023