MADRID, 5 Ago. (EUROPA PRESS) –
The company Last Lap, organizer of the San Silvestre Vallecana, has paid a fine of 9,600 euros for requesting the COVID passport, or complementary PCR test before the race, to all the participants who signed up for the traditional year-end test, which was held on December 31, 2021.
The fine has been imposed by the Spanish Agency for Data Protection (AEPD), which has agreed with ‘Liberum’, a citizen association created expressly to “restore rights and freedoms” since the COVID pandemic and after the complaint which they presented on January 31, a month after the race.
The complaint prospered -as Europa Press has learned- after Last Lap has violated articles 6 and 9.2 of the General Data Protection Regulation (RGPD), the latter defines the exceptions to the prohibition of data processing. This case, that of an athletics race, is no exception.
In this way, San Silvestre should not have requested this information as they did not have competitions even though their competition rules included said clause. “At no time can consent be the basis that legitimizes this data processing, since, in this case, any registered user could refuse to provide this evidence, participate in the race while infected with COVID-19 and infect others. participants”, adds the AEPD.
Thus, the AEPD confirmed that the claimed party proceeded to pay the penalty “in the amount of 9,600 euros, making use of the two reductions provided for in the Initial Agreement transcribed above, which implies the acknowledgment of responsibility.
“The payment made, within the term granted to formulate allegations at the opening of the procedure, entails the waiver of any administrative action or appeal against the sanction and the acknowledgment of responsibility in relation to the facts referred to in the Agreement of Home”, states the resolution.