AEPD (Spain) - PS/00281/2022: Difference between revisions

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AEPD - PS/00281/2022

Authority:	AEPD (Spain)
Jurisdiction:	Spain
Relevant Law:	4(1)GDPR Article 58(2)(c) GDPR Article 15 GDPR Article 8(1) European Charter of Human Rights Directive 2016/943 Directive 95/46 Article 18(1) Spanish Constitution Article 18(2) Spanish Constitution Article 71 LOPDGDD Article 72(1) LOPDGDD Article 76 LOPDGDD Ley 5/2014
Type:	Complaint
Outcome:	Upheld
Started:	24.03.2021
Decided:	21.04.2023
Published:	21.04.2023
Fine:	50000 EUR
Parties:	Securitas Direc España, S.A.
National Case Number/Name:	PS/00281/2022
European Case Law Identifier:	n/a
Appeal:	Unknown
Original Language(s):	Spanish
Original Source:	AEPD (in ES)
Initial Contributor:	isabela.maria.rosal
After acknowledging that technical log generated by a security device installed in the data subject's house is personal data, the Spanish DPA fined a security company for failing to comply with an order to provide this information to the data subject and imposed a fine of €50,000.
English Summary

Facts

The data subject had contracted the controller to install security device in their house. This device was equipped with motion detectors/camera that allowed monitoring of the location through a mobile application, along with other features such as remote control, sirens, key reader, smart keys, etc. It turns out that the house was robbed and the security device destroyed, without them ever having been notified. For this reason, the data subject made an access request to the controller, asking for their personal data. However, the controller denied the request.
The data subject filed a complaint with the Spanish DPA, which confirmed that the controller had to facilitate their access to the data and oredered it to to comply with the request pursuant to Article 58(2)(c). After this decision, the controller provided a file with some of the requested data, but the data subject considered that the information was incomplete and incomprehensible and filed a new complaint. According to the data subject, the data did not include, for instance, the images captured by the device on the date of the invasion of their house. On the other hand, the controller claimed that technical logs do not constitute personal data and, therefore, are not covered by the right of access.
Holding

The DPA highlighted that the definition of personal data provided for by Article 4(1) GDPR should not be interpreted in a restrictive manner. In the present case, it considered that all technical logs generated by the device, including those exclusively operated by employees of the controller to monitor the functioning of the device, constitute data related to the data subject. According to the DPA, the device was installed at the data subject's house, based on a contract signed by them, and contained a unique numerical identifier, which allowed the identification of the data subject. As a result, the DPA stated that all data generated by the device is personal and is covered by the right of access provided for by Article 15 GDPR.
Given that the controller failed to comply with the previous order to grant the data subject full access to their data, the DPA found a violation of Article 58(2)(c) GDPR and issued a fine of €50,000.
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English Machine Translation of the Decision

The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.
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     File No.: PS/00281/2022

             RESOLUTION OF SANCTIONING PROCEDURE


Of the procedure instructed by the Spanish Agency for Data Protection and in
based on the following

                               BACKGROUND


FIRST: On 03/23 and 24/2021, a claim from A.A.A. is received, hereinafter,
the claimant) against SECURITAS DIREC ESPAÑA, S.A. with NIF A26106013
(hereinafter, the claimed party).

In it, it indicates that in procedure TD/01593/2017, the Agency issued a

resolution as follows: "Securitas must provide access to the appellant the
information on the servers (...) related to the records and signals sent
by the alarm equipment (...), as well as the existing copies of the records
contained in the internal memory of the alarm between 11/26 and 12/13 of the year
2015". This resolution was appealed by Securitas Direct S.A. and confirmed by the
National audience.


This procedure for the exercise of rights occurs as a consequence of the fact that the
claimant had previously exercised his right of access to the respondent on
04/07/2017: "regarding all the information on the Securitas servers
Direct relative to the records and signals sent by the alarm equipment installed in”
their property, “as well as existing copies of the records contained in the

internal memory of the alarm between November 26 and December 18 of the
year 2015 (before and after the robbery there were other security incidents that should be
also clarify)", "given that they have the unequivocal classification of data
personal”. The information to which access is requested makes direct or
indirectly to events and occurrences (entries, exits, movements, jumps of
alarm, activation and deactivation of the alarm by certain user, etc.)

occurred inside my home, from which it can be inferred, directly or
indirectly, acts or behaviors related to myself, other people
of my family or even third parties authorized to access the home”.

In relation to this right of access, the defendant responded on 05/11/2017 that
“the records contained in the alarm do not fall into the data category

personal", according to a copy of document 5 that he provides.

Not agreeing with the answer given by the security company, the claimant
mante files a claim with the Agency on 06/28/2017, in which, among other
issues, indicates that on the afternoon of 12/4/2015, he discovered, upon accessing his home,
who had suffered a robbery and found "the alarm center" destroyed, without having been
warned, receiving only a call from the security company of that same morning.

morning in which they indicated that there were connection problems. In the text of the re-
complaint filed with the Agency, the claimant states that the claimant "is
has refused to clarify the circumstances of the intrusion into our home or to
reveal the cause of the malfunctioning alarm system, ensure
checking that the system worked correctly", being the clients the ones who had to


C/ Jorge Juan, 6 www.aepd.es
28001 – Madrid sedeagpd.gob.es 2/102







telephone the security company to inform them that the alarm center that
had installed had been destroyed by thieves.



The aforementioned claim was resolved on 01/2/2018 in the appeal for replacement of the

procedure for the exercise of rights TD/01593/2017, estimating the appeal and
requiring within a period that the right be met.

The defendant appealed the resolution before the National Court (AN), which in the
Judgment of the Administrative Litigation Chamber, first section, of 07/23/2019,

appeal 146/2018, dismissed his claim.
The judgment of the National Court was appealed before the Supreme Court in
appeal, admitted for processing on 05/29/2020, appeal 78/2020, however, the

claimed withdrew from it.
The claimant alludes in his new claim, that he has once again requested access on

02/2/2021 and received a response from the defendant of 02/23/2021, which highlights:


1) Responds: "in compliance, first of the resolution of the appeal for reversal
RR 779/2017 of the AEPD and the judgment of the National Court.", "attaching as

document 1, a list of "logs associated with said alarm system that are data
of a personal nature”.

Document 1 starts:

“In order to understand the configuration of the table that we have prepared with the logs

which are personal data…”, and explains the meanings of the three columns.

The provided Excel table of logs contains in the first column the date/s and time/
s in which the log, or logs, is generated. They are not arranged chronologically.
beginning by 5/12/2015. Only one log appears chronologically defined between two

dates, 5/12/2015 18:38:10 and 20:15:17. It comprises a total of 94 lines of
logs, plus that of the period, so it is unknown how many there would be in total.

The generation date or dates of the logs are correlated or grouped with the
“log name/nomenclature”, and with a basic description such as “Signal

information”, “CRA Action” (alarm receiving center), “tests and verifications
mandatory as part of the maintenance of the installation“.

In the last column, with "extended description of the log", which according to the defendant
contains a description of the meaning of the log, in some cases the key N/A appears,
associated with a nomenclature, for example "CRA action Skip voicemail",

“operator gets to talk to contact”, or “the contacts the operator gets to
Securitas tries to locate, they don't answer”.

In others, it is not specified either by indicating: "a message is left on voice mail".


In some log it refers to "contact", without identifying or specifying which contact
refers, as "contact does not remember the password to prove the identity and
C/ Jorge Juan, 6 www.aepd.es
28001 – Madrid sedeagpd.gob.es 3/102







close the incident”, or “the contacts that the Securitas operator tries to
locate no answer”, “operator manages to speak with contact”.

It is observed that there are logs that include: "automatically generated code and
randomly by the system for the security guard to deactivate the alarm"-,

name: “High priority central”, or another name of the log: “tests and
obligatory verifications as part of the maintenance of the installation” connected
with “extended name: “the technician performs regulatory checks to
ensure the proper functioning of the system. At the request of the client you can modify
some parameter of the system itself.


The defendant points out that: "To simplify the information there are different dates and
hours associated with a log, and this is because we have grouped the dates and
hours in which they were generated in Mr.'s system.”

The claimant considers that it has not been answered satisfactorily, because:


-Access to the information on the servers has been filtered/reduced by
Securitas to the logs that they consider personal data, an issue that does not
corresponds to do.

-"The table provided with schematic information does not satisfy the right of

exercised access. For example, on page one, in the nomenclature column
"CRA Action", it is stated "different generic actions of the operator
Securitas human resources in the event of a specific incident (e.g. authorization of the
speak/listen; call to the different listed contacts; internal comments on
relation to the information transmitted to you by contacts)" but without any indication of
What kind of action/information has been registered regarding the incidents

listed, which prevents the applicant for the right of access, understand and analyze said
logs, which is the ultimate goal of this access request.”

-"Finally, the response from Securitas is non-existent regarding the second part of the
access request contained in the resolution: "existing copies of the records
contained in the internal memory of the alarm", "not having indicated in any

moment if those copies do not exist or access is not given because they do not consider that
they are not "personal data logs".

With the presentation of the claim by the claimant, he states that he has not
correctly attended to his right and with the elapsed time he is caused
helplessness


SECOND: The claim gave rise to the AEPD resolving on 09/17/2021 a
procedure for lack of attention to the exercise of rights (arts. 15 to 22 of the GDPR),
TD/00167/2021, in which in the process of transferring the claim for
Resolution (E/4382/2021), the defendant, stated on 05/19/2021:

-"The claimant of the right of access did not request at any time after the firmness

of the sentence its execution or that the

resolution of the Agency that was appealed in the same”.

C/ Jorge Juan, 6 www.aepd.es
28001 – Madrid sedeagpd.gob.es 4/102







Confirms receipt of the claimant's letter requesting the exercise of the right of
access, to which he "responded with receipt of 03/03/2021."


-Consider that not all the logs that record the signals of the alarm equipment,
as well as the contents in the internal memory of the same can be considered that
contain personal data, and that was inferred from the verbatim of the sentence:
"Among the information on the servers..., if there are data of a
personnel of the owner of such contracted alarm”. For this reason, it commissioned a report in 2020 to
a legal office that established it so, to differentiate them, which does not contribute, but

"makes available to the AEPD".

It indicates that, as a result of this exercise and this report, it currently has
a “management protocol”.


It explains its position based on said Report, which is summarized below.

Based on the legal concept of personal data, in order to determine if the
information has the status of personal data because it relates to a natural person
identified or identifiable, it will be necessary to analyze the affectation that the information
produces in it.


"Regarding its content, the information must assume an attribute of any kind
predicable directly from the interested party in question, there being a direct relationship between-
three attribute and person.

Regarding its purpose, the processing of information must have as its purpose the co-
knowledge of the mentioned attribute of that person.

As for its effects. the information must refer to aspects that affect the interest
resed as a consequence of the aforementioned attribute.”

In the explanatory term of what personal data is, it is defined by "all information

information about a natural person", it starts from when it refers to her, "and as con-
sequence, at the moment in which the information provided is not derived or linked
directly to the physical person, but to objects that belong to him or are under his control.
creep, only indirectly can the information be considered to refer to that
person and provided that it allows inferring data referring to that natural person and

not to the object itself. Therefore, information about an object will only have the
consideration of personal data when a connection or link is established between the
object and the affected party in order to generate information about said person”.

The defendant has differentiated two categories in which the
different logs.

In the first category would be the logs that they consider do not imply

processing of personal data, which may include:

“- those in which information about an interested party is not collected through
said logs that individualize it from the rest of the population,


-The knowledge of said information is not intended in order to carry out a
analyzing or influencing behavior, and
C/ Jorge Juan, 6 www.aepd.es
28001 – Madrid sedeagpd.gob.es 5/102








- your rights and freedoms are not affected.“


List the categories of logs that would be found in this scenario:

1) "Emission of signals of a purely technical nature for communication between the dis-
positive as part of the verification protocol of its correct functioning or
to register a technical failure.


2) Registration of informative signals in relation to, among others, the version of the system,
model or category of the installed device.

3) Descriptive record of internal and technical procedures before a specific event.


4) Recording of technical signals in relation to device configurations
that do not provide information about the interested party or their habits but simply
reflected in calibrations of the Securitas systems for their correct functioning.
I lie.

5) Statistical information about the devices.“



It also alludes that "said logs" could contain information on technical processes.
Internal data of the defendant whose disclosure to third parties could imply dissemination of sec-
trade creds. For this purpose, it mentions recital 63 of the GDPR, as legitimate
maker of "discriminating the information that can be provided to the person who exercises
the access."

In a second category would be the logs that do consider that they imply treatment.
processing of personal data, to the extent that:

- "They collect information about an interested party and their intrinsic characteristics,

-Knowledge of said information is sought to analyze it or influence its behavior.

treatment,
-Your rights and freedoms are affected."

Adding or specifying that "not all logs in this category would imply the processing of

data processing of the contract holders", but rather "could imply the processing
processing of personal data of third parties”. In this category would be included
the following logs.”

1) “Processes carried out by Securitas operators or technicians, who occasionally
These may be considered personal data of a third party other than the client of Securi-
tas”


2) "The active interactions of the user himself -or third parties- with the physical systems
or through the mobile application.

3) "Passive interactions of the user or of third parties that may provide information
tion in relation to their way of acting at a given moment or their availability

in front of an event.
C/ Jorge Juan, 6 www.aepd.es
28001 – Madrid sedeagpd.gob.es 6/102








4) Records of identifiers of the interested parties that are contained in the logs, such
such as first and last name or email addresses.”


5) Images or data in connection with an intrusion or sabotage. In this sense, it is pre-
ciso indicate that if the intruder is captured by the security camera, to the extent that
that said person is identifiable as a result of the image obtained, we would find ourselves
before a personal data of the same.”


6) Pulsations entering codes that determine a particular situation of the in-
teresado.

7) Configurations of the user himself that determine a knowledge of his tastes
or behavior patterns.



It states that the access response provided to the claimant contained the logs
which are personal data that affect the client, being "excluded the

technical or that affect third parties”.

-They add that they have sent an email to the claimant on 05/18/2021, provide a copy of do-
document 4 in which they refer to what was already sent on 02/26/2021, received by the claimant
keep on 03/03/2021.

-State that the causes that have motivated the original incidence of the claim
are due to the fact that "not all the logs generated by an alarm system are data from
personal character".

-On 06/07/2021, the Director of the AEPD agreed to "the agreement of admi-
processing, and the initiation of a procedure for the exercise of rights of the articles

15 to 22 GDPR”, procedure TD/00167/2021.
-At the heart of said procedure, the defendant, (...), states:



a) In relation to the content of the "internal memory of the alarm installed in the
address of the claimant”, this generated logs until 11/27/2021, 20:09, time and date
in which the intrusion into the home occurred - as you already know - during which
said alarm system was completely disabled. As of that date, no
could generate more logs of any kind. Therefore, in the time frame between 11/26 and

12/18/2015, the internal memory could only generate logs on 11/26 and 27/2015, and after
the analysis of the logs generated in the internal memory of the alarm, only consisted of a
log generated in that time frame, which was included in the response given to the claim
kept on 02/23/2021. They provide document 1, which is the table with columns of the access
so that the claimant was given on that date, in which it appears marked in green
fluorescent that log, and in which you can read:



“11/27/2015 20:09:47/HIGH PRIORITY CENTRAL CENTER/Automatically generated code and

randomly by the system for the security guard to deactivate the alarm”.
They consider that they have complied with the right of access.

C/ Jorge Juan, 6 www.aepd.es
28001 – Madrid sedeagpd.gob.es 7/102









Already within the processing of TD/00167/2021, on 06/23/2021, the claimant was sent
Keep the copy of the response given by the defendant, and dated 07/16/2021, the re-
plaintiff stated:

-On the one hand, the information must be provided in a transparent and
intelligible. “The incomplete list of logs provided by Securitas Direct does not allow

to this party to understand in a transparent and intelligible manner the information contained in
your servers regarding the operation of the existing alarm system in my
home".

On the other hand, it indicates that what the defendant has done has been to prepare a list
of logs filtered by the contracted law firm, differentiating those that

may be considered to contain personal data of those that do not. Add
that this differentiation does not correspond to the one claimed and states that "the Hearing
Nacional considered that all the logs are personal data and from this it deduces
that access has been incomplete.”


-Considers that giving access to the log is not fulfilled, but to "the information contained
in the servers relative to the registers and signals of the alarm equipment installed in
his property". It would consider that the resolution is fulfilled when "it has been given
access to all existing information on the servers in relation to the operation
of the alarm installed in my home”. "The information operating on the servers in

relation to the operation of the alarm installed in my home goes much further
of these logs to which the Securitas Direct access right is intended, and
includes any information in the form of text, images, alphanumeric etc. existing
on its servers that is related to the records and signals of the
alarm installed in my home.


-Considers that the refusal of the defendant to provide access to the information
operating on its servers may be due to the fact that it intends to evade its responsibilities
individuals in relation to the damages caused in this robbery and “delay and
make it as difficult as possible to properly investigate the reasons for
poor functioning of the alarm system installed in my home”.


-About the response provided to the log of the internal memory of the alarm,
considers implausible the assertion that the alarm center generated logs up to
20:09 on 11/27/2015, when the intrusion occurred and said system was disabled,
since that supposed intrusion actually refers to a jump of the alarm of the

perimeter detector of the garage door, room that is physically located
separated from the home and that it was not affected by the theft and estimates that the
intrusion into the home occurred on a date after 11/27, since "if the central
alarm was” destroyed, Securitas could hardly have disconnected
remotely the same.


It emphasizes that the request for access to the records contained in the memory is
They refer to both "the destroyed alarm center and the one that was installed in my home
on 12/5/2015 and that it continued generating signals and records”.



C/ Jorge Juan, 6 www.aepd.es
28001 – Madrid sedeagpd.gob.es 8/102







On 09/17/2021, the procedure for exercising rights was resolved,
agreeing to estimate the claim and granting a term to address the right. The
resolution was appealed for replacement on 10/18/2021, resolving on 10/27/2021 its

dismissal, and the defendant was notified electronically on 10/28/2021.


It is interesting to highlight from it, that the defendant, appellant, stated:

-The resolution of the procedure for the exercise of rights considers addressing the right,
but it does not determine the information that should be considered personal data, it does not

Give reasons for your conclusion. Nor does it establish “that the
All the logs generated by the installed alarm system have
effectively the consideration of personal data”. It only details what the
claimed, that "it does not meet all of what was requested, specifying the reason", "without
determine if that totality will incorporate information that has nothing to do with the
data protection regulations”.


"Nor is the claimant's claim that the SAN of 07/23/2019
will indicate that all the information or all the logs generated by the alarm system
have to be considered personal data.", since the sentence on its grounds
of the fourth right, indicates that "within the logs there are personal data", which

which allows us to conclude that "not all of them should be considered as such". Esteem
that "it is not possible to exercise the right of access to personal data with respect to
information that at no time can be considered personal data”, and adds
that the AEPD in the different resolutions relapsed in this case has not defined that
information contains data that must be subject to the regulations for the protection of

data, "it is evident that" the defendant can define what information the
mentioned character”.

"Neither the judgment of the AN nor the resolution have defined what information it contains
data that should be considered subject to the data protection regulations”, therefore
that they will be the ones who have to delimit it.


Reproduces part of opinion 4/2017 on the concept of personal data adopted
on 06/20, WP 136:

“Sometimes, the information provided by the data refers not so much to

people as objects. These objects usually belong to someone, or may be
under the influence of or exert influence over a person or may have
a certain physical or geographical proximity to people or other objects. In those
cases, only indirectly can the information be considered to refer to those
people or objects.


A similar analysis can be applied when the data refer in the first instance to
processes or events, such as the operation of a machine when it is
human intervention is necessary. Under certain circumstances, this information
it can also be considered information “about” a person.”


It shows its disagreement with the content of the resolution, which indicates "since the
claimant is the holder of the alarm contract, the regulations are applicable
on Data Protection regarding the right to access the logs on the
C/ Jorge Juan, 6 www.aepd.es
28001 – Madrid sedeagpd.gob.es 9/102







operation of the alarm installed on your property”.

"In addition to recitals 26 to 28 for the conceptualization of the data

personal, not only have this condition the information that allows the identification
of the interested party, but also that which allows their identification.

For these purposes, the explanatory report of convention 223 of the Council of Europe on
10/10/2018 tries to clarify the content of individualization or singularization in
these terms:


“This individualization could be done, for example, by referring to him or her
specifically, or to a device or a combination of devices (computer,
mobile phone, camera, game devices etc.) on the basis of a number
identification, a pseudonym, biometric or genetic data, location data,

an IP address or other identifier. The use of a pseudonym or any
digital identifier/digital identity does not give rise to the anonymization of the data, since
that the interested party can still be identifiable or individualized. Therefore, the data
pseudonyms should be considered personal data and are covered by the
provisions of the agreement."


“The defendant considers that the information included in the alarm system may not
refer to an interested party, nor to its characteristics, attributes or behaviors, nor even
least affect it in any other way or allow the inference of information regarding
the same. Indeed, in general, these logs would consist of information that
They only refer to the communication between data systems merely

operational and technical that have nothing to do with an interested party or are linked to that of
no way, and only some of these logs could allow obtaining
information about the physical person who owns the alarm”. Give three examples
related in the five cases in which in his report he considered "no data
personal”, specifically:


In 1), "the battery level of the device, disconnection from the network, inhibition, etc."
It was about the "Issuance of signals of a purely technical communication nature
between the devices as part of the verification protocol of their correct
operation or to record a technical failure”.


In 3), "waiting times processed before an event, collection and description
of the event, capture process and making available to the operators of the
images or sounds, modification of internal parameters, transfer of the event to a
operator etc. It referred to “Descriptive record of internal procedures and
technicians before a specific event”.


In 5) "number of photos captured, activated devices, quality of responses
of the devices, number of disconnections, etc.). He meant "Information
statistics about devices.


He also gives examples of what he has previously classified as "data from
personal character”, such as:



C/ Jorge Juan, 6 www.aepd.es
28001 – Madrid sedeagpd.gob.es 10/102







In 1), “Securitas Direct personnel whose activity is registered in the
own logs”. It referred to: "Processes carried out by operators or technicians of
Securitas, which can sometimes be considered personal data of a third party

different from the Securitas client”


In 3), "the Securitas Direct operator initiates a call and it is answered, or not
by the user, the security code is requested and the user includes it
correctly or not, no movements are recorded for a period of time
determined in the monitored area, etc. He was referring to: “Passive interactions of the

user or third parties who may provide information in relation to their form
to act at a certain moment or their availability in the face of an event.

In 6) "panic button or inclusion of the alarm deactivation code under
duress”, referred to: Images or data in connection with an intrusion or sabotage. In
In this sense, it is necessary to indicate that if the intruder is captured by the security camera,

security, to the extent that said person is identifiable from the image
obtained, we would find ourselves before a personal data of the same.”


In point 76 “the different (...)s that he uses, times of said (...)s, configurations
Personal information about device volume, language, selected parameters

on air quality or designation of names of users and zones, etc.”, which
relates to: "Settings of the user himself that determine a knowledge of
their tastes or behavior patterns.

If all generated logs were given access, anyone would have the right to
said type of access due to the fact of having contracted the installation of a

alarm, with internal technical operations being "publicly accessible"
unrelated to a person and that reveal substantial information about the effectiveness and
operation of the commercialized systems, being able to violate the law of secrets
business 1/2019 of 02/20 and relates it to recital 63 of the GDPR.”


Regarding the claimant's expression that it is not possible to understand the logs (action
CRA...) points out that the format to satisfy the right of access was to comply with
with the provisions of article 12 of the GDPR "in a concise, transparent,
intelligible and easily accessible, with clear and simple language" and that "the information is
is listed in the table attached to the brief of 02/23/2021", and that "even those

data is registered in a technical way and little intelligible for any person not
well-versed in the terminology of alarm systems, and even in the terminology itself
internal Securitas, so that its reading would not reveal the information that if
incorporated into the form sent to the interested party”. He states that he “carried out a
adaptation of the logs to a clear and simple language to attend to the law”. indicates
They have no objection to delivering the information in "lines of code formats",

although compliance with the requirements would satisfy the right to a lesser extent
required by the GDPR.

THIRD: On 11/4/2021, the claimant submits a document in which
states that the provisions of resolution TD/00167/2021 are still not being complied with.

On 12/2/2021, the AEPD sent a letter to the defendant, reiterating the request of the

C/ Jorge Juan, 6 www.aepd.es
28001 – Madrid sedeagpd.gob.es 11/102







compliance with the resolution, granting a term and warning of the consequences of its
breach.


On 12/21/2021, the defendant submits a document in which she states "satisfying
compliance with the resolution" and provide a copy of the letter of 12/14/2021 and documents
letter sent to the claimant. It states: “A job has been carried out again
exhaustive to provide D.xxx with any records and signals sent by the
alarm equipment that could be linked to the performance, behavior or
its characteristics, excluding information that is not considered

tion of personal data as it is exclusively technical information that also
affects the legitimate interest of Securitas Direct in the confidentiality of its secrets
business.”


In relation to the records contained in the internal memory of the alarm between the
days November 26 and December 18, 2015, the (micro card or chip) of the
Securitas Direct alarm systems record and store information
from events with a technical origin and from events originating in the
interaction of devices installed in customers' homes. In the case of

equipment installed to D. xxx the records of the internal memory reach up to the moment
in which it was rendered useless and all records collected prior to that
At the moment, they are events of a technical nature, so it is not personal information.”

It accompanies the records in "excel" sheets with the chronological ordering of logs by date.

date and time and more informative columns such as event”, “event (...)”, “Zone”, “***COLUM-
NA.3”, “***COLUMN.4”. “***COLUMN.1””area”, “time of (...)” to name only va-
laughs.

The description column contains short descriptive terms that are not common.
understandable, for example, EVENT: word whose specific meaning is not understandable
, the same as in “event (...)”, and in general in all columns.


According to the defendant, it is the "literal transcription, in the format in which it is included in the
SD systems from the records and signals sent by the alarm equipment.“

FOURTH: On 05/07/2022, the claimant submits a document in which he states
that the response of the defendant persists in classifying the logs that are data
personal of those who do not, when it does not correspond, reiterating that the matter has already been

ruled by the AN. He points out that the right continues to be ignored for years, returning
to the origins of the judgment of the AN. The picture is unintelligible, the expression of the
description is imprecise, the print is very small, most of the logs correspond to
the technical intervention to replace the destroyed alarm the day after the theft:
12/5/2015, therefore “completely useless and irrelevant”. “They continue without

provide the information that motivates the exercise of the right of access, which is not
other than clarifying the circumstances of the robbery in my home and settling possible
responsibilities”, and that “you need to know what happened with the alarm”.

It requests, "the forced execution of its resolution be agreed...", without prejudice to the
"opening of a disciplinary procedure".


FIFTH: On 06/8/2022, the Director of the AEPD agreed:

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"INITIATE SANCTION PROCEDURE against SECURITAS DIRECT ESPAÑA, S.A.,
with NIF A26106013, for the violation of article 58.2 c) of the GDPR, typified in art.
83.6 of the aforementioned GDPR and 72.1.m) of the LOPDGDD.”


"For the purposes specified in the art. 64.2 b) of Law 39/2015, of 1/10, on Procedure
Common Administrative System of Public Administrations (LPACAP, hereinafter), the
sanction that could correspond would be 50,000 euros, without prejudice to what
results from the instruction."


Said initiation agreement was duly notified, granting the defendant a term
to make allegations

SIXTH: On 07/06/2022, the defendant made the following allegations:

1) He reiterates that during the year 2020, they commissioned a law firm to

report, of which they provide a copy in DOCUMENT 1 (signature date 01/29/2021) (already
mentions the same before in the response to the transfer of the claim of 05/19/2021,
content supra regarding TD/00167/2021), on the “application of the concept of
personal data to the signals or logs generated by the alarm systems”, with the
object of whether all or part of them have the status of personal data to the

effects of the application of substantive regulations, and secondarily as


2) Document that for the future allows to attend the requests of exercise of
rights.


The report has on the cover: "confidential", unaware if it would reach all of its
content.

The report based on the historical definitions in the personal data legislation,
considers that the GDPR introduces an extensive concept, considering that "not only

The information that allows the identification of the interested party will have this condition, but
also the one that allows its "singularization", even when it was not possible to know
directly or indirectly to the person to whom the data refers.

It alludes to Convention 108 of the Council of Europe, of 01/28/1981, on the protection of

people in relation to the automated processing of their personal data, in
the wording resulting from the reform operated by Agreement 223, of the Council of
Europe, of October 10, 2018 (hereinafter, by the name commonly
accepted "108+ Agreement") establishes in its article 2 a) that for the purposes of the
Convention, personal data means "any information about a natural person

identified or identifiable" and in relation to the concept of identifiable person,
following the same line established in recital 26 of the GDPR, indicates the
paragraph §18 of its explanatory report: “The notion of "identifiable" refers not only to
the civil or legal identity of the individual as such, but also to what he can allow
"individualize" or single out (and therefore allow to treat differently) a
person from others. This "individualization" could be done, for example,

referring to him or her specifically, or to a device or a combination of
devices (computer, mobile phone, camera, gaming devices, etc.) on the
basis of an identification number, a pseudonym, biometric or genetic data,

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location data, an IP address or other identifier. The use of a pseudonym or
any digital identifier / digital identity does not give rise to the anonymization of the
data, since the data subject can still be identifiable or individualized. Therefore, the

pseudonymous data should be considered personal data and is covered by the
provisions of the Convention. The quality of the applied pseudonymization techniques
should be duly taken into account when assessing the adequacy of safeguards
implemented to mitigate risks to stakeholders.”

It follows that said concept is characterized by the necessary concurrence of

four essential elements:

-Personal data is, in any case, information.

-This information must refer to a certain person since it must be about the

same.

-The person to whom the information refers must be a natural person, remaining
excluded from the concept of personal data are legal persons or entities without
legal personality.


-The person must be identified or identifiable in the broad sense established by the
recital 26 of the GDPR and paragraph 18 of the agreement 108 + that identify the
concepts “that identifies” and identifiability, singularization and individualization.”

He mentions various jurisprudence of the most noteworthy cases on the concept of

personal data from the European Union.

It considers that in order to determine, in accordance with the jurisprudence of the CJEU, whether a
information has the status of personal data because it refers to (or deals with) a
natural person identified or identifiable, it will be necessary to analyze the affectation that the

information produces in it:

 Regarding its content, that is, the information must assume an attribute, so
any kind, predicable directly from the interested party in question, there being a
direct relationship between said attribute and said person. In this way, the information
must appear linked to the interested party, excluding the concept of personal data

that information that is not linked to a characteristic or activity of the former.

 Regarding its purpose, that is, the processing of information must have as its
object the knowledge of the mentioned attribute predicable directly from that
person, the purpose of the treatment being linked to the analysis of said attribute.


 Regarding its effects, that is, the information must refer to aspects that
affect the interested party precisely as a consequence of the aforementioned attribute. Are
measures may vary in their intensity (e.g. from the mere fact of
contact him until a profiling is carried out and decisions are made that

significantly affect).”

It also analyzes several sentences handed down in Spain on the concept and scope
of personal data and the analysis of the concept of personal data of Opinion 4/2007

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on the concept of personal data, adopted by GT29 (document WP136, from
06/20/2007).


It is indicated in the Opinion: "a piece of information refers to a person if it refers to his
identity, characteristics or behavior or if that information is used to
determine or influence the way in which it is treated or evaluated”.

"A consequence of the foregoing will be that at the moment in which the information
provided does not derive or is directly linked to the physical person but to objects

that belong to him or are under his influence, can only indirectly be considered
that the information refers to that person and provided that it allows inferring
data referring to that natural person and not to the object itself.", cites example 5 "value of
a house" that refers to the application of the data protection regulations according to the
use of that information.


“The value of a home is information about an object. Clearly, the rules
on data protection will not apply when that information is used
solely to illustrate the level of housing prices in a certain area.
However, under certain circumstances, that information must also be
considered as personal data. In effect, the home is an asset of your

owner and, as such, will be taken into account, for example, when calculating the
taxes to be paid by that person. In this context, it is unquestionable that such
information should be considered as personal data”.

“The Working Group has previously addressed the question of when it can

information is considered to be "about" a person. Within the framework of his
discussions on data protection issues raised by labels
RFID, the Working Group noted that a "data refers to a person if it does
reference to his identity, his characteristics or his behavior or if that
information is used to determine or influence the way in which it is treated or

evaluates». Taking into account the cases mentioned above, and following the
same line of reasoning, it could be affirmed that in order to consider that the data
are "about" a person there must be an element "contained" or an element
"purpose", or a "result" element.

The "content" element is present in those cases where - in accordance with the

that a society tends to generally and vulgarly understand by the word "on" - is
provides information about a specific person, regardless of
any purpose that may be harbored by the data controller or
a third party, or the repercussion of that information on the interested party. Information
is "about" a person when it "refers" to that person, which should be

evaluated taking into account all the circumstances surrounding the case. By
For example, the results of a medical analysis clearly refer to the patient, or the
information contained in the file of a company under the name of
certain client clearly refers to him: In the same way, the information
contained in an RFID tag or a barcode embedded in the document

identity of a certain person refers to that person, as in the
future passports that will incorporate an RFID microprocessor.



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The presence of an element "purpose" may also be what determines that the
information to be "about" a certain person. It can be considered that
element "purpose" exists when the data is used or is likely to be used,

taking into account all the circumstances surrounding the specific case, with the
purpose of evaluating, treating in a certain way or influencing the situation or the
behavior of a person."

Based on this, the defendant considers that "in order to consider that" information
is “about” a person must be found in at least one of the following three

assumptions or circumstances:

1. "Content": that is, that the information refers directly to a person
concrete physics. If this circumstance occurs, it will be irrelevant what the purpose is.
of the person in charge of the treatment or of a third party recipient of the information or that

repercussion will have the treatment of this information in the interested party.

2. "Purpose": the information collected, although it does not refer directly to a
natural person, is used or is likely to be used for the purpose of evaluating, treating
in a certain way or influence a person's situation or behaviour.


 3. "Result": even assuming that none of the situations occur
above, information will be "about" a person when its use has repercussions on
the rights and interests of the same, being able to be treated differently from
other people as a result of the processing of such information.”


The defendant states that:

- "Therefore, information about an object will only be considered as
personal data when a connection or link is established between the object and the
affected (particularly, but not necessarily, its owner) in order to

generate information about said person or promote an action on his part.

The defendant states that: "Once the concept of personal data has been analyzed from
legal, doctrinal and jurisprudential perspectives, it is now necessary to analyze the application
of the mentioned concept to the logs generated by the alarm systems of
Securitas Direct, in order to determine which of them will have the status of "data

personal", with the consequent application in relation to them of the regulations
of data protection.”

“To carry out the analysis and qualification of the logs provided by Securitas Direct
As personal data, the following aspects have been taken into consideration:


to. It must be information, in any known format or form that
effectively imply the actual existence of data.

b. Said information must refer to a specific natural person, so the

The information contained in the logs must, at least, be found in one of the
following situations:



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- Is directly linked to a specific individual, in such a way that
provide direct information about their way of acting, their mental characteristics
or physical, your preferences, your abilities or any other pattern of behavior that

can be directly attributed to it; either

  - Can be used to evaluate or influence an individual in any way
determined or in his conduct; either

- Can directly affect the rights and interests of an individual

certain.

-"The information included in an alarm system may not refer to an interested party
nor to its characteristics, attributes or behaviors, nor even less affect it in any way.
any other way or allow the inference of information related to it. In

effect, in general, the aforementioned logs will consist of information that
They only refer to the communication between data systems merely
operational and technical that have nothing to do with an interested party, nor are they linked to it in any way.
no way and only some of these logs could allow information to be obtained
on the physical person who owns the alarm.”


Based on these elements, two fundamental categories have been differentiated in
where the various logs provided by Securitas Direct could be found,

to. “Logs that do not imply processing of personal data”. Reiterate the reasons and the
categories that he exhibited on 05/19/2021.


-Provides the differentiation in the same document 1:

An Annex I, which includes the specific "study" of the different logs that the security systems
Securitas generated in connection with the provision of its services to the claimant. Gave-
Cho Annex I contains, in turn, two different tables, grouping those lines of log
belonging to the claimant not considered as personal data (table I) (p. 23 to
30/105) and those that would have that consideration, in view of the analysis carried out

carried out throughout the Report (table II), (p. 30/105).

In Annex II, the "general analysis and without specific application to an interested party" is attached
specifically, of the consideration as personal data of the generic log lines that
can normally be used in Securitas Direct systems during the de-
development of its activity."

-Regarding Annex I, "given the amount of information provided, in relation to
with the logs”, we have proceeded to identify them (both for table I and table II) by means of
you three columns:

1. In the first one, "date of the log line", the "dates and times

concrete appearance”. It is appreciated that various dates and times can be grouped

2. In the second, the "name of the information" is included.
3. The following is: “extended description”, “made up of both the information provided

by Securitas Direct during the various meetings held, as well as the
documents and tables received and the rest of the explanatory columns that are contained
in the log itself.”
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The defendant continues that: "Next, the" assessment of the
character of personal data of each of the logs" by including two co-
additional columns:

b. "In the fourth column, we proceed to assess whether the information contained in the line
particular log file allows Securitas Direct to collect information about the Claimant or

a third party, or analyze and cause an impact on their behavior”, under the denomination
tion of: “linking, directly or through inference, to conduct or information
insult of a natural person”.

It is observed that they contain terms, such as operator, client, authorized user, con-

tacts designated by this, interested applicant of the right.

c. The last column specifies whether the log line can be considered, starting from
everything indicated, as personal data or not, with the literal Is it considered personal data?
No, in all those of table I, while table II, in "Is it considered personal data"?
nal?” figure "Yes", and a column is added: "It is likely to be provided

in response to the exercise of the right of access of the interested party?, appearing in some
In our cases: yes, and in other different annotations, since "lines of
log that could be considered personal data but refer to third parties
interested parties other than the Complainant himself and, it should be remembered, the request for access
exclusively allows the Claimant to have access to the personal data that

on his person deals with Securitas and not those on other natural persons.”

In table I, "Information not considered personal data in relation to the request for
analyzed access” (23 to 30), highlight:


- In three descriptors figure - "Linking directly or through inference, to
conduct or information of a natural person”: “There is no direct link
with information of the interested party to the extent that these are personal communications
periodic machine-machine device status checks”, all with:
“extended description: Signals sent by the alarm that correspond to the state
of operation of the devices”, which can respond in: “name of

information:
In one case: “Superv Photo PIR RADIO, RADIO REPEATER, RADIO VOLUMETRIC”,
other: “radio repeater superv” and “radio volumetric superv”

-- - "Link directly or through inference, to a behavior or information

of a natural person": "There is no direct link with information of the inter-
resed to the extent that this log line does not collect information about the data subject.
nor is it intended to analyze or impact your behavior, it simply
allows an internal Securitas Direct process in relation to an initial alarm signal.
ma”, and in “extended description”: “Before the initial alarm signal, a time is given

type of margin in case it is a mistake or forgetfulness on the part of the user when not
deactivate the alarm.”, “name of the information: trust wait 35 seconds
for a possible disconnection”.

--- "Linking directly or through inference, to a behavior or information
of a natural person”: “Information of a technical nature from Securitas Direct. In the me-

extent in which direct information about an attribute of the interested party is not transferred nor
Securitas Direct intends to analyze a pattern of conduct or to influence it in an al-
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none, the information provided by the analyzed log line should not be considered
as personal data”, “extended description: Detection of lack of electrical current
in the device”, “name of the information: electric current-auto”.


--- "Linking directly or through inference, to a behavior or information
of a natural person": "It is a change of internal priority of the incidence
motivated by a non-disconnected alarm signal” and in “extended description”:
"Change the priority because the incident is sent to a manual queue.", "name
of information” “PRIO 25---20.”



--"Linking directly or through inference, to a behavior or information of
a natural person": "There is no direct link to customer information
to the extent that they are informative signals of a technical nature”. and in “des-

extended encryption: panel coverage level”, “name of the information: se-
informative signal”.

--"Linking directly or through inference, to a behavior or information of
a natural person”: “This log line, although it provides information about a jump
alarm in the sensors, to the extent that direct information is not transferred

on an attribute of the data subject nor does Securitas Direct intend to analyze a pattern of
conduct or influence him in any way, the information provided by the log line
analyzed should not be considered as personal data. In this sense, it would be
of a description of the technical and internal process of Securitas Direct", and in "description
extended”: “These log lines describe the process of the system and sensors in

detection of an intrusion. "Denomination of the information:-"INTRUSION VOLU-
METRIC RADIO, 27 11 2015, 20:09:47

--"Linking directly or through inference, to a behavior or information of
a physical person”: “The signal, given its relevance, is transmitted to a machine operator

machine or human to start the management process. However, it is a process
internal data from which no personal data of the user can be inferred”, “external description
tended”: “Indicative that the incident is transmitted to a human or machine operator
na”, “name information (...): 0”.

-The only one that includes periods of days and dates indicates: -“Linking in a di-

directly or through inference, to a conduct or information of a natural person": "Without
detriment to the fact that as a result of any of these signals some type of action may be initiated.
situation that does involve the processing of personal data, the procedures and procedures
internal verification processes are essentially technical and it is not possible to infer any
some personal data about them”, “extended description”: “They describe periods in

where there is a loss of connection between the Securitas Direct servers and
the device installed in the address of the interested party. In this way, the devices
emit a periodic technical signal to confirm that it is indeed in
connection and ready to carry out their activity. Also, the logs describe the
internal and technical actions carried out as a result of this disconnection”, “deno-

information mining: (...) TRANSFER”.

--"Linking directly or through inference, to a behavior or information of
a natural person": "There is no link with the user to the extent that

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This is an internal procedure that must be followed to provide the service
correct”, and in “extended description”: Technical information that the incident is
transferred to a human operator for management.", "name: GTI: incident

cancelled, client already exists in manual queue 14”.

- -"Linking directly or through inference, to a behavior or information
of a natural person”: “Information of a procedural and internal nature of Securitas
Direct”, without extended description, “name of the information: GTI: incident
cancelled, pending maintenance”.


--"Linking directly or through inference, to a behavior or information of
a natural person”: “This log line, although it provides information about a jump
alarm in the sensors, to the extent that direct information is not transferred
on an attribute of the data subject nor does Securitas Direct intend to analyze a pattern of

conduct or influence him in any way, the information provided by the log line
analyzed should not be considered as personal data. In this sense, it would be
of a descriptive of the technical and internal process for the disposition of the images of
the detectors”, and in “extended description: These log lines describe the
different processes of the systems and sensors since the actual intrusion is detected:
detection zone, image capture, availability of the same for the operator

ador, etc.”, “name: PIR Radio photo intrusion”, is considered personal data
is added: "NO (notwithstanding the foregoing, the captured images, in case there are
have captured a subject, they would be considered personal data and
should be provided to the interested party in the event that they had recruited him and not a
third).


--"Linking directly or through inference, to a behavior or information of
a natural person”: “Information of a technical nature of Securitas Direct in relation to
with the movement detections through the different sensors of the system”, and
in “extended description: System information in relation to a request for fo-

tography or image”, “name of the information: Informative signal”. Indicates no
is considered personal data, "Notwithstanding if these detections could imply the re-
collection of some type of information from an interested party, they could consider
tion of personal data and should be provided to the interested party in the event that they
they would have captured him and not a third party.”


--"Linking directly or through inference, to a behavior or information of
a natural person”: “no information is provided in relation to any character-
characteristic behavior pattern or other user information”, without extended description,
“name of the information: no reason.”



--"Linking directly or through inference, to a behavior or information of
a natural person”: “information of a technical nature from Securitas Direct”, without description
extended mention, “name of the information: power cuts: incidence with
restoration."


In table II, "information considered personal data in relation to the request for

analyzed access” (p. 31 to 48/105). In the column "Is it likely to be pro-
portioned in response to the exercise of the right of access of the interested party?, usually
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figure Yes, but in some there are observations with caveats and in one figure,
NO.

The defendant informs that "certain records in the tables of this Annex ca-
They are of a specific date because they are general comments, independent of
tes of a specific line and with transversal affectation to the entire document.”

-They appear without date:

-"Linking directly or through inference, to a behavior or information of

a natural person: “Of the joint information provided by: (i) alarm mode
selected by the user; (ii) date of the specific log and (iii) information derived from the
"time of (...)", the knowledge of certain behavior patterns of
a user (e.g. from a certain hour in the afternoon on weekdays the interested party
applies a (...) determined with what it is possible that you are not at home)”,
“extended description: “alarm connection mode and time the alarm takes

connected in said mode”, “name of the information: (...) and time of (...).”

- "Link directly or through inference, to a behavior or information of
a natural person: The highest priorities are directly related to the user
while low priorities correspond to logs of control and technical verification.
co from which user information cannot be inferred”, “extended description:
The different figures included in the column "***COLUMNA.3" of the log are priorities
assigned according to the type of signal being received. The lower the numerical value, the higher the priority.

ty (generally with the interested party's own actions such as SOS calls); to ma-
higher numerical value, lower priority (generally related to incidents of
technical character). There is an added annotation of: "Is it likely to be proportionate?"
nothing in response to the exercise of the right of access of the interested party?": "Only
Select those priorities qualified as high and connected with an action or situation.

particular decision of the interested party (e.g. priorities linked to situations of panic or distress)
rro).”

--"Linking directly or through inference, to a behavior or information of
a natural person: these denominations of the areas, insofar as they are areas of the
property of the user defined by the same and carry information about the choices of the user.
interested, would imply personal data”, “extended description: throughout the log
find denominations, decided by the interested party, to name certain areas

of the property, perimeter example, garage door, etc.”, “name of the information
mation: user defined area names on all blogs”

-Already with the log date, they appear, in all of them, that they are considered personal data, and
among others:

-"Linking directly or through inference, to a behavior or information of
a natural person: insofar as they are configurations carried out
by the interested party would imply knowledge of characteristics and preferences of the same
so they would be considered personal data", in "extended description

the device informs about different characteristics related to its configuration and pro-
programming, for example, in entry and exit times, siren volume, among others”,
“name of the information signal information”.

-"Linking directly or through inference, to a behavior or information of
a natural person”: There is no direct link to information from a client

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to the extent that they are informative signals of a technical nature and are not provided
provides information regarding any characteristic, behavior pattern, or other
information of a natural person.", "extended description: Automatically generated code

automatically and randomly by the system for the security guard to deactivate the alarm”, “referred to as
information mining: central high priority”. “It is likely to be proportionate
Is it in response to the exercise of the right of access of the interested party?" ": No.
11/27/2015

It is unknown why it is not classified in Table I.

- "Link directly or through inference, to a behavior or information of
a natural person: Direct action of an operator”. “Extended Description“: “The
operator begins incident management and makes verification calls
to the user and other persons indicated by the same in case of incident.” “name-

information actuation Central Receiver Alarms-call to H/E”- “Is it sus-
capable of being provided in response to the exercise of the right of access by the
interested?" "In this sense, without prejudice to the fact that it is personal data, it is
of the operator and not of the interested party who exercises his right of access, since he does not
It is information about said interested party.”

- "Link directly or through inference, to a behavior or information of

a natural person: The actions of an operator, which includes interaction with the
user or the contacts designated by the latter, involve obtaining information about
about said interested parties", extended description: "Different generic actions of the
Securitas Direct human operator in the event of a specific incident (e.g. authorization
from speaking/listening calls to the different listed contacts; internal comments on
regarding the information transmitted by contacts, etc.).” denomination of the

CRA performance training” “Is it likely to be provided in response to the
exercise of the right of access of the interested party? “They should only be provided as
part of the right of access to the records of actions directly related
with the applicant for the right and not the rest of the communications with other
authorized users or contacts provided by it. Also, you should not

provide the applicant with any information or analysis on the performance of the operator
provider, to the extent that it is a third party other than the interested party who
had exercised the right of access”

- Linking directly or through inference, to a behavior or information of
a natural person: The actions of an operator, which includes interaction with the
user or the contacts designated by the latter, involve obtaining information about
about said interested parties.”, “extended description. The contacts that the operator

of Securitas Direct tries to locate they do not answer", "name of the information
“CRA-communicating performance. Is it likely to be provided as an answer
to the exercise of the right of access of the interested party? However, they should only
be provided as part of the right of access to the records of communications related to
related to the applicant for the right and not the rest of the communications with

other authorized users.

- Linking directly or through inference, to a behavior or information of
a natural person”: The actions of an operator, which includes interaction with the
user or the contacts designated by the latter, involve obtaining information about
about said interested parties.", name of the information, "action CRA-salta mailbox
of voice” It is likely to be provided as a response to the exercise of the right

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of access of the interested party? However, they should only be provided as part of the
right of access to records of communications related to the applicant
of the right and not the rest of the communications with other authorized users.”

-Linking directly or through inference, to a behavior or information of
a natural person": The actions of an operator, which includes interaction with the
tacts designated by the user, involve obtaining information about said

interested parties, denomination of the information "CRA-operator performance gets ha-
speak with contact” or “CRA action-incorrect keyword”, and CRA-LO action-
CSIN-localized without keyword with “extended description: contact does not remember
the keyword to prove the identity and close the incident ”“Is it susceptible to
be provided in response to the exercise of the data subject's right of access?”:
“However, only the data must be provided as part of the right of access.

records of communications related to the applicant of the right and not the
other communications with other authorized users.”

- Linking directly or through inference, to a behavior or information of
a natural person”: These logs provide information regarding the actions
tasks of an operator, that is, the verification that he actually follows the processes
internal Securitas Direct for these purposes”, “extended description: Display of
keywords by the operator in case there is a contact with the

user for identification purposes.”, name of the information “operator viewed
codewords on demand”, It is likely to be provided as a response to the exercise
exercise of the right of access of the interested party? "Without prejudice to the fact that it is a data
personal, should not be provided to the data subject to the extent that it affects a
third person other than the exerciser of the right of access.”

- Linking directly or through inference, to a behavior or information of
a natural person”: “The actions of an operator, which includes interaction with the
user, involve obtaining information about the interested party”, extended description

given: “the user is contacted”, name of the information: “Service Req.:
***NUMBER.1”, Is it likely to be provided as a response to the exercise of the
right of access of the interested party?

- Linking, directly or through inference, to a behavior or information.
tion of a natural person”: Information relating to an operator of a procedural nature
mental and internal Securitas Direct, “extended description” Internal registration of the operator
that a specific incident is taking place”, name of the information:

REGISTERED ACCESS: The user ***USER.1 accessed the client file, In
your case could be considered a personal data of the operator itself and, therefore, not
would be capable of being transferred to the interested party exercising the right of access.”

- Linking directly or through inference, to a behavior or information of
a physical person": In principle, the routine tests and verifications that must be carried out
The Securitas Direct technician does not provide any information about the user.
unless they are specifically requested by said user, extended description

given: “The technician carries out the regulatory checks to ensure the
proper functioning of the systems. At the customer's request, you can modify some parameters.
system itself (e.g. sound, time, sensors, etc.), name of the information
mation: Compulsory tests and verifications as part of the maintenance of the ins-
felling”. Is it likely to be provided as a response to the exercise of the right?
cho of access? If the technician introduces modifications or specific configurations

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in the device at the request of the user, these parameters would be considered
as personal data that must be delivered to the interested party.”

-" Linking directly or through inference, to a behavior or information of
a physical person”: The registration of user actions supposes the obtaining of information
personal training on it”, “extended description alarm cancellation

for the user codes to be entered”, “name of the information: code-
user charges”, “It is likely to be provided as a response to the exercise of the
right of access of the interested party?, YES.”

- "Link directly or through inference, to a behavior or information of
a natural person": The record of actions related to a real intrusion, in case
of having captured an image of the intrusion provides personal information”,
extended description: log line that refers to the image captured by the

systems when detecting a real intrusion. Name of the information “VIDEO-VID”
Is it likely to be provided as a response to the exercise of the right of action?
termination of the interested party? should not be provided to the requester of the right of access in-
formation relative to the images captured to the extent that it showers information
deals with an interested party other than the exercise of the right of access”

- "Link directly or through inference, to a behavior or information of

a natural person": the record of user actions supposes the obtaining of information
personal training on it”, extended description: service injected event
from the application by the user- remote connections and disconnections. Diver-
many requests made from the user's mobile terminal”, “name of the in-
central formation security low priority”

- "Link directly or through inference, to a behavior or information of
a natural person": the record of situations that may affect the user such as the

communication of a power outage involves obtaining information
staff about the same”, “extended description: in this case the client is informed
by means of an email from a (...) due to a power outage of your alarm”, “
denomination of the information electric current car”.

-Linking directly or through inference, to a behavior or information of
a natural person": the record of user actions supposes the obtaining of information
personal training on it”, “extended description: des(...) by app client

remote web”, “name of user code information”.

-Linking directly or through inference, to a behavior or information of
a natural person": the record of user actions supposes the obtaining of information
personal training on it”, “extended description: confirmation of (...) ex-
total external, “name of the central information safety priority low

In ANNEX II, entitled "GENERAL STUDY ON THE CONSIDERATION OF DATA
PERSONNEL OF EACH LOG”, (p. 53 at the end) we proceed to carry out the analysis,
“generally”, and “without specific application to a specific interested party”, of the consi-

deration as personal data from the generic log lines that can normally be
be used in the Securitas Direct systems during the development of its activity.



“Those log lines not derived directly from the ser-
security system defects provided by Securitas (i.e. logs with denomination
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tion: FR0 to FSZ; ROF and ROI). Likewise, they have not been the object of study
The log lines that, according to the information provided by Securitas, do not
have practical application at the date of writing this report: IAC, ICA, PID,

PDD, TLL and TWC”
The table contains the identification of the logs based on three columns.

-The first column includes the “(...) of the signal”, in alphabetical order, which usually includes

learn a code of three capital letters, which is “described” in the second column.
na with a general description, usually in English, some keys like FG ,SK
masking”, OPDI Shutter, Sent when CP detects RX failure in FG, which they then refer to
in the third column: “extended description provided by SD”

It is observed that keys that appear in the document delivered to the claimant on
12/14/2021, in the “Signal classification” field, such as RPT, IGC do not appear in those classes.
see Annex II. In addition, there are codes such as the TAC that appears delivered to the

claimant as data and in annex II it is indicated that it is not personal data.

There are also keys (TTR or TTS) that appear NO in Is it considered personal data?
nal?, which indicates “This log line, although it conveys information about a possible sabotage,
The sensors do not provide information directly about the interested party or,
neither, on a pattern of behavior or an analysis of his personality. Therefore
to the extent that direct information about an attribute of interest is not conveyed
sado nor Securitas Direct intends to analyze or influence a pattern of conduct in

In any way, the information provided by the analyzed log line should not be con-
considered as personal data. In this sense, it is a description of the process
Securitas Direct technician and intern”

Some keys are related to “extended description provided by Securitas:
carrying out Securitas tests to verify the status of the FOG system”, or in another
“verification under the Securitas Direct action protocol of the status of the system

ma FOG”, or “information coverage level (…) of panel”.
-The fourth column is titled: "Linking directly or through inference, to

conduct or information of a physical person”, in which it is introduced in some lines
lines the reasoning on this question, and that as a consequence, gives rise to the in-
formation of the last column, called "Is it considered personal data?" with if, or
No. In the no, it can be associated with: "There is no direct link with information
of a client insofar as they are informative signals of a technical nature

and no information is provided in relation to any characteristic, pattern of con-
conduct or other information of a natural person.”


2) Summarizes its actions over time, after obtaining the aforementioned report, in order to
to assess their performance in the exercise of the claimant's right.

a) -02/26/2021, response to the burofax received on 02/9/2021, in “in which we are required to

the “logs” generated by the alarm system for the requested period. In this writing
To provide the "logs" that we consider to be personal data, as they are
registered in our systems, and due to its configuration a description is included.
tion of it in order to make them intelligible, something that exceeds what we could do.
be done. This letter was received by the claimant on 03/03/2021. See pgs. 26 to 31

of the documentation in the file. “
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-18/05/2021, as a consequence of the receipt of file E/04382/2021 (transfer-
of the claim in the procedure for the exercise of rights of the then: TD/
00167/2021), "the claimant is sent again, by email, the same response

provided on 02/26/2021, that is, the “logs” that have been considered to be da-
personal coughs. in accordance with the report made.

-12/14/2021, it is sent to the claimant again, as a consequence of the resolution of the
Appeal for Reversal No. RR/00658/2021 against TD/00167/2021, the same information
mation provided in the writings dated 02/26 and 05/18/2021. "This time in a
different format, per event, rather than aggregated, to make it easier to understand
these. See pgs. 153 to 160 of the documentation in the file.”

“They have been sent in two different formats, grouped by event and individualized,
as they are registered in the systems by event date”, “including information

information that would allow the claimant to understand it”. It includes a des-
description of the meaning of the event. “The records generated by the systems have been
contributed as they are generated in them, and even so, efforts have been made to in-
They even exceeded the obligation of my client, so that the receiver could find
tend the event they reflect.”

3) “SECURITAS DIRECT in writing submitted to the Agency on 06/18/2021, pages

106 and 107 of the file (within the TD/00167/2021) showed that it generates
ro logs until 8:09 p.m. on 11/27/2015, time and date on which the in-
burglary of the claimant's residence and during which said alarm system was
completely disabled from that date could not generate more logs.”

In relation to the internal memory of the device, the one claimed also demonstrated

I state in its letter of 06/18/2021 that "after the analysis of the internal memory of the
alarm installed only had a log generated for that time frame which
It was recorded in our burofax of 02/26/2021 ”.


He considers that "in December 2021 he had executed the exercise of the right of
access to data made by the claimant repeatedly”” in two formats

different, grouped by event and individualized, as recorded in the
systems by event date. A description of the significance of the event is included.

4) "The Agency considers in the initiation agreement that, without prejudice to having sent
to the claimant the records and signals requested and generated that are data
personal, “it would be possible to have provided all the “logs” to the
Agency, down to the smallest detail and mark them as confidential in the event that they are

opposed any eventual diffusion”.

It calls into question the possibility of addressing in this way the right of access, to
not be reflected in any standard, considering it an indirect access to information through
through the AEPD, even when these are not personal data. Indicates that

has sent the claimant the personal data contained in the requested information
after its conclusion of its legal analysis report on logs, "within the period
requested”, “in two different ways”, and on three occasions.

5) Those that do not consider personal data are "logs of a technical nature, signals
information, descriptive records of internal and technical processes, configurations

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of devices or statistical information, information containing technical processes
SD internals whose disclosure to third parties would imply in many cases the
communication of our know how”.



"Wanting to comply with what was stated by the Agency in the written agreement
start”, attached:

DOCUMENT 2, Excel table, which "contains all the records issued by the
alarm system on which the request falls "ordered chronologically", of

so that they appear sequentially, as they are produced: "In green color are data
personal according to the report.", and those of "red color, those that are not,
because they are technical and confidential, being subject to the regulations of secrets
industrial, and can be used only by the Agency”.

"Of the total logs collected from the claimant's alarm system for the period

requested- 412 records- a total of 412 records have already been made available to the claimant.
273 records.”

The Excel sheets provided are similar to the format provided to the claimant on
12/14/2021, and "reflect the records as they are, and appear recorded in the

systems.”

Sometimes logs of the same date and time appear that are seen to be
considered personal data and another that is not, appearing with different keys of the "(...) of the
event”, distinguished in red those considered not personal data, example

11/27/2016 20:09:47. There are even two logs in red, not personal data, at the same
Date and Time.

DOCUMENTS 3 and 4, Excel tables, somehow related to 2. They gather in
separately, those that are personal data logs (3), and those that are not (4), also in
the same colors as document 2. Document 3 contains, according to the

claimed, "the records issued by the alarm system on which the
petition. This document was provided to the claimant by burofax dated 12/14/2021
and reflects the records as they are, and appear registered in the systems.” Appears
ordered chronologically, the first date being 11/27/2015, 8:09 p.m., and the same
day there are several records, the last one at 20:17:07, and the next one goes to 12/4/2015,

11:05:04

Document 4, with the technical logs that are not considered by the defendant of
personal character, begin in the record on 11/26/2015, and the following date is
11/27/2015, being the first of 9:39:43, and the last of 20:11:34. Despite the

statement of the defendant that the alarm was destroyed on 11/27/2015 at
20:09, there are logs (technical only) between 11/28 and 12/4/2015, except for 11/29. Each
day, four logs are reflected, with the common term “GTI MISSING TEST”, (Log that
reports loss of communication with the device) up to 4, one per day. The day
12/4/2015 figure GTI: canceled incident, customer already exists in manual queue 14, without
any key in description or signal classification.


It summarizes that the logs associated with the claimant's alarm system that "does not
we consider data of a personal nature”, are of a technical nature, signals
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information, descriptive records of internal and technical processes, configurations
of devices with statistical information, information that contains processes
internal Securitas Direct technicians whose disclosure to third parties would imply in many

cases of communication of our "know now" with the damage that could be caused by
directly and with respect to the safety of all its customers indirectly”.

6) -About the amount of the sanction of the initiation agreement:

a) Regarding 83.2.a) of the GDPR, consider that 2017 cannot be taken as

temporary start date as an aggravating circumstance since the first guardianship that year was
inadmissible by the Agency on the grounds that the logs were not considered data of a character
staff.

“Regarding the time elapsed in connection with the damage caused and the safety of

the facilities, the claimant has not gone to court, always through
administrative data protection, having used the claimed the "levers
laws" that agreed to their right and were offered within their reach, which cannot be
penalized." A response was given to the requested access before the start of the
disciplinary proceedings up to three times.


b) Regarding article 83.2.b) of the GDPR, “negligent action”, based on the fact that the
claimant considered in October 2021, subjectively, that it had not yet been
complied with his request, he considers that it is not an entirely true approximation, since
that he had complied with the exercise of the right of access on two occasions, in
February and May 2021.”


“What happened in December 2021, because this part, said without intention of
offend, he no longer knew how to comply again with the exercise of law, he proceeded to
submit to the claimant the same information already submitted in February and May of
2021 but with a different format (if both documents are collated, you can

check that the information of both is the same). Furthermore, in none of the
resolutions issued by the Agency, the possibility of contributing to it the
all the logs, marking the confidential ones, "as if it has been done in
this initiation agreement, without determining which article of the current regulatory framework
I contemplated such a possibility”. The mere and repeated disagreement of the claimant, not
must be, by itself, the cause that motivates the infringement or, failing that, the imposition

of a fine"

7) Regarding the statement that there is a link between the offender's activity and the
data processing within the framework of the provision of its services, considers that
precisely, what is at issue in this case is whether the logs generated by the

alarm are personal data or not, something, that after the report that has been provided as
Document 1 allows us to differentiate that some are, that they have been delivered in various
occasions to the claimant and others that are not.

8) It considers that there are proven a series of mitigating factors that would allow the application of

“a degree less than that proposed in the initiation agreement”. These mitigations would be:

a) It cannot be described as not having responded to the requests for the exercise of the right
as a serious infringement of article 72.1.k) of the GDPR, given that access was given in

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February and May 2021, in part, but not in full, the right if it had been attended,
"It would be a mitigation to apply to the aforementioned article and consider it as a
minor offense that would fit into article 74.c of the LOPDGDD.”, which indicates:


"The remaining infractions of a legal nature are considered minor and will prescribe after a year.

merely formal of the articles mentioned in sections 4 and 5 of article 83
of Regulation (EU) 2016/679 and, in particular, the following:

  c) Failure to respond to requests to exercise the rights established in the
Articles 15 to 22 of Regulation (EU) 2016/679, unless it is applicable

provided in article 72.1.k) of this organic law.”


-There is due diligence, "for the sole purpose of complying with the claimant's request and

of the scope of the right of access to your personal data, making
an effort, including economic, was placed in the hands of a third party independent of
recognized prestige, for the purpose of disaggregating, among all its logs, which are
those considered as personal data (according to the definition of "data of
personal character") and which are not, and which are trade secrets"


-There is good faith, as demonstrated by the fact that "the right has been complied with
up to three times", "once he was clear about the criteria that logs are data
personal and which are not”, always giving the same information. Depending on the criteria
of the AEPD, based on the initial agreement, all the logs have been provided.


-Considers that the action of the claimant expressing his dissatisfaction "with what
subjectively, it considers what the logs are and how they should be represented
on paper, it cannot be an additional condition for him to propose to impose
a fine that they understand to be disproportionate, but the opposite, should be grounds for
that the penalty is less than the proposal.”


Request that the exercise of the right be considered fulfilled with all the logs now
contributed.


SEVENTH: On 11/23/2022, it was agreed to start a test practice period.



1-The claim filed by the
claimant and its documentation, the documents obtained and generated during the
phase of admission to processing of the claim, and the report of previous actions of

investigation that are part of procedure TD/00167/2021.

Likewise, it is considered reproduced for evidentiary purposes, the allegations to the
initiation of the referenced disciplinary procedure, presented by the defendant, and the
accompanying documentation.


2-Because they are related to the original petition, they are incorporated as evidence into the
procedure:

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a) The documentation provided by the claimant and that obtained and collected from the
claimed regarding the protection of rights 1564/2016, resolved on 09/08/2016, as well
as documentation of both parties produced in its processing.


b) The documentation provided by the claimant and that obtained and collected from the
claimed regarding the protection of rights 1593/2017, as well as documentation of
both parties produced in the appeal for reversal resolved on 01/2/2018,
RR/779/2017, and the documents that are part of said files.


c) The documentation provided by the claimant and that obtained and collected from the
claimed regarding the protection of rights resolved by Agency TD/00167/2021,
the procedures related to it, including the transfer of the same to the defendant
E/4382/2021, and the admission for processing and management and processing thereof, as well as the
subsequent reversal appeal resolved RR 658/2021 of 10/27/2021.


d) The Judgment of the National Court (AN), Chamber of Administrative Litigation
first section, of 07/23/2019, resource 146/2018, and by relation, the order of the TS room
of Administrative Litigation first section, of 05/29/2020 number of
procedure 378/2020 for admission to processing of the appeal of the
claimed, from which he later withdrew, appearing as such, in the order of the TS, appeal

378/2020 of 09/15/2020 in which it is indicated that the representative of Securitas
"presented a brief on 07/24/2020, withdrawing from the appeal prepared", declaring
"terminated the appeal for withdrawal", and communicated to the AEPD in writing of the
Lawyer of the Admin. of Justice of 10/29/2020, appearing as an associated object of the
file: PS 2181 22 san and ts.


3. The defendant is requested to provide or report within fifteen days:

3.1-Provide a copy of the terms contained in the exercise of the right of access
Formulated by the claimant on 02/02/2021.


Response received on 12/30/2022.

In the first place, it stresses that the procedure followed is for infringement of the
Article 58.2.c) of the GDPR:


 “order the person in charge or person in charge of the treatment to attend to the requests for
exercise of the rights of the interested party under this Regulation”.

For this, it considers relevant the distinction between the logs that have the condition of
personal data or those that refer to "aspects simply related to the

operation of commercialized alarm systems, the disclosure of which could
generate a violation of their right to trade secret, and the risk of
its future operation, by informing third parties unrelated to the
organization".


He believes that some of the questions that are raised in tests by the instructor,
"They are not related to the object of the procedure, but rather to the appropriate
operation of the contracted alarm system”. The information you will provide
will be circumscribed "to the object of the procedure", on whether it gave "adequate compliance to

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what was agreed by the AEPD”, as well as “if the information that was not provided to the claimant,
in application of what has already been invoked in the allegations, they did or did not contain personal data
of that, without understanding that it is appropriate to provide information related to the

behavior in relation to the events that occurred at the claimant’s home.”


Provides burofax of the claimant on the exercise of law signed on 02/02/2021, with
shipping 02/9/2021, handwritten: received 02/10/2021.


The brief is based on the fact that "on December 4, 2015, the house suffered a
assault and robbery without the indicated alarm system being activated, which
detected, issued and received the proper alarm signal, being seriously damaged
the switchboard and resulting in the first news that Securitas Direct Spain had was the
Call from my represented, reporting on it. The alarm system came

suffering certain incidents with certain connectivity problems”, to pass
to assess the demandability of the claimant by Securitas for the replacement costs of the
switchboard, after the incident, the suspension of the service from 12/23/2016, apparently
by cut due to non-payment of replacement costs, indicating the holders who gave
for terminated the contract and in turn requires a series of refunds of amounts in
various concepts.


Immediately afterwards, it reiterates the request for the information on servers regarding
the records and signals sent by the alarm equipment between 11/26 and
12/18/2015. He mentions the sentence of the AN, its firmness and requires his
compliance.


3.2-Copy of the contract signed with the claimant in which the conditions appear
general and specific information on the service and the exercise of rights,
including clause 14 of the privacy policy to which it alludes in its exercise of
rights from 04/07/2017.


Copy of the instructions delivered to the user, in writing, of the operation of the
service, informing you of the technical and functional characteristics of the system and the
responsibilities that come with joining it.

It is provided, as DOCUMENT NUMBER 3 contract number *** NUMBER.2

entered into on 07/30/2014 with the claimant (hereinafter, the “Agreement”), including, in
pages 9 and 10 of the document, clause 14, referring to data protection
personal.
From the "security service" contract, it is worth mentioning:


Particular conditions:

-Personal data is collected: e-mail, name, surname, address and telephone.
-The service includes the installation, maintenance and operation of
alarms.


General conditions



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-"2. description and scope of the services object of the contract, A) service of
installation and maintenance”, states that the installation will include the elements and
components contemplated in the particular conditions of this contract and

Securitas Direct will provide a basic maintenance service that includes for the
client: remote verification services of the operation of all
components (technical check according to current regulations).

It also refers to the definition and distinction of fault, "the damage that prevents the
proper functioning of a security system to fulfill the purpose for which it is

is intended" and "technical problem" "that incident that implies the necessary
intervention by SECURITAS DIRECT for verification, whether or not in person, and that,
In no case prevent the full operation of the security system of the vehicle.
CUSTOMER."


Point B) refers to the connection service to the alarm receiving center.

-in 6: "customer obligations", it is established among others:


a) "You must, in any case, connect the alarm system every time you intend to avoid

the access of unauthorized persons to the place and, especially, each time the place
left abandoned and unguarded. Accreditation of the alarm connection
corresponds, in any case, to the CLIENT. Therefore, the contracting of the service of all
the controlled codes will be a requirement to reliably prove the
alarm connection status. If the CLIENT has not contracted the service

that allows you to prove that the alarm is connected, it corresponds to him to prove the
connection because the connection is an act that derives from the actions of the contracting party
the service and not SECURITAS DIRECT.”

o) Notify at all times possible changes in contact persons or

telephone numbers in case it is necessary to locate him.”


“10. RIGHTS OVER THE INSTALLATION Due to the rapid evolution
technology makes control and communication systems obsolete,
SECURITAS DIRECT will retain ownership of the installed security system for

be able to update the software and its components, for the sole purpose of providing
the most advanced security services.

- 14. PRIVACY POLICY


A) INFORMATION REGARDING CUSTOMER DATA PROTECTION: The
personal data provided by the CLIENT to SECURITAS DIRECT, as well as
any other data that could be provided throughout the contractual relationship, will be
included in a file, whose responsibility is SECURITAS DIRECT ESPAÑA, SAU…,
sole recipient of the data, with the main purpose of carrying out the relationship

contractual, own management of the activity, maintenance, development and control of
the contractual relationship. “



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"C) TREATMENT OF IMAGES AND/OR SOUNDS OBTAINED THROUGH THE
SECURITY SYSTEM WHEN THE EQUIPMENT INCORPORATES SYSTEMS
PHOTODETECTION. - When verifying an alarm jump by SECURITAS DIRECT


“SECURITAS DIRECT through its Alarm Receiving Center will capture and record
images and/or sounds through the security devices installed in the
places subject to protection of the CLIENT, in accordance with article 48 of the
Private Security Regulations, that is, verifying through all means
technicians within their reach the alarms received and once said verification is exhausted if

If appropriate, it will transmit said images and/or sounds obtained as a result of the
alarm jump treated to the competent police or judicial authority.

SECURITAS DIRECT acquires the status of Responsible for the management file of
video surveillance systems with access to the CLIENT's images, due to their

natural person and that the security system with access to images is
made at your private home. It will not be considered illegitimate interference
in the right to honor, to personal privacy and to one's own image, recruitment,
reproduction and processing of images and sounds due to a jump in
alarm generated by the image protection element installed and treated at
through the SECURITAS DIRECT Alarm Receiving Center.


The CLIENT may only have access to information on any incident or
recording made due to an alarm jump, sending a written request to
through the means that allow it, indicated in clause 20 of the
general conditions, in which the identity of the contract holder must be stated

accompanying a photocopy of your DNI, CIF, NIE or valid passport, as well as the date,
time and place where the recording presumably took place. SECURITAS DIRECT,
will guard the recordings obtained as a result of alarm jumps
generated by the security system installed, and will comply with its obligations of
conservation, uselessness and destruction.”


The aforementioned contract includes in its Annex I, "the installation project", with the
characteristics of the study of location and risks, with the proposal of the design of
security and with the elements configured in the installation plan, as well as the
elements and risk areas protected through verification of alarm signals
by audio, image-video, and face-to-face.


Annex II refers to the: "ACTION PLAN", which includes, among others:


-"contact list", four people identified by first and last name, ordered

by increasing number, all with “keys”. The first, the claimant, as a "client", the
person “who signs the contract, owner of the alarm system” associated with two
phones. The other three: "relationship with the subscriber": "relatives" with a telephone.
The four people are listed in the “standard action plan” in the chart, ordered
as "contact" from 1, the claimant, to 4.


-the password or "master" of the client, the duress password and the SECURITAS password.



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 Within the Action Plan, the "CONDITIONS OF THE SERVICE OF
OPERATION OF THE ALARM RECEIVER CENTER" highlighting among others:



-"CLIENT: Natural/legal person who signs the CONTRACT, who is the owner of the
alarm system described in the aforementioned CONTRACT and that is the holder of the word
master key. The CLIENT may in any case have the status of user "

"USER: Natural person to whom the CLIENT authorizes access to the property and the

use of the alarm system, making available the means of connection and/or
disconnection from it.

"CONTACT PERSONS: Natural person who may or may not coincide with the
CLIENT of the contract and who owns the master keyword."


2. KEYWORD It constitutes a necessary data for the provision of the service
hired. Its holder is obliged to maintain its confidentiality,
should not transmit it to third parties.

Keyword Types:


- SECURITAS code: Identifies SECURITAS DIRECT and must be provided by the same
in any telephone communication with any of the persons described in
section 1 of this document.


 - CLIENT MASTER Password: Identifies the CLIENT and the main contacts.
It must be provided by them when they contact SECURITAS DIRECT
by phone. Allows and gives access to all kinds of procedures and modifications,
whether administrative (contract, action plan, etc.), or operational (verification of
alarm jumps).


 - COACTION code: In the verification call before an alarm jump, you must
provided to SECURITAS DIRECT, by whoever is in the property before a
situation of real danger to their physical and/or patrimonial integrity

3. VERIFICATION PROCEDURE BEFORE ALARM TRIPS


 The SECURITAS DIRECT Alarm Center will execute the pertinent process of
verification of alarm jumps registered by the installed security system,
through the means at its disposal contracted or arranged by the CLIENT, such
such as, speaking, listening, image and/or call to the fixed telephone of the property, calling the

contact telephone numbers provided by the CLIENT in this document and, in its
case, sending the Go Service accompaniment to the Police or the Go Service to
Full Service verification, in the event that the CLIENT had contracted the latter
service.


SECURITAS DIRECT will issue the corresponding notice to the Security Forces and Bodies
Security (hereinafter, "F.C.S.") only in the event that reality is proven
of the event generating the alarm jump, once the verification has been carried out


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valid, through existing means, in accordance with current regulations in
private security matter.


For the purposes of initiating the action protocol, the alarm signals are considered to be
received at the Alarm Receiving Center from the capture of the
intrusion detection elements, the SOS button, the anti-robbery button, and the
coercion.

-In the contract there is a section that includes the protocol in cases of jumps in

alarm, "from pressing the SOS button, anti-robbery button, code of
duress and when the duress keyword is provided.”, in case of “without
user disconnection”: verifying “by accessing the speech-listening module of the
system and/or call to the fixed telephone number of the property, as long as this is available
last. If through these means:


 - An answer is obtained: the person will be identified with the keyword
teacher or contact If the keyword is correct, the user will be provided with the
precise technical instructions for you to disconnect the system.

 - If the keyword is not correct or no response is obtained: SECURITAS

DIRECT will proceed to comply with the verification procedures provided
in the current Private Security regulations as well as to use the means
complementary verification procedures such as proceeding to the verification call to
the MAIN and/or OPERATIONAL CONTACTS established, and/or the Warden of
Security and/or F.C.S. if it were a confirmed real alarm. In any case, the

The decision to issue the notice will correspond exclusively to SECURITAS DIRECT.

In the event that "user disconnection" occurs, it is the case in which the
alarm, and in less than 20 seconds (from the alarm jump), it receives
disconnection signal in the CRA. In this case, "an automatic

locution recorded through the speech listening module of the system, in which
will inform the client of the signal received as well as of the execution of the disconnection
by the user or authorized person and the cancellation of the incident”

"In the event that the disconnection signal is received in a time greater than the
indicated in the previous paragraph, SECURITAS DIRECT will proceed to verify the jump of

alarm by accessing the system's speech-listening module and/or calling the
Landline telephone of the property, provided that it is available, to carry out the
verifications that it deems appropriate according to its diligence as a Company of
Security and that are adjusted to the applicable Private Security regulations.”


In document ANNEX III "certificate of installation and connection", it is indicated that "the
security elements and devices installed to the client correspond to the
security level 2, established in article 2 of order INT/316/11 of 1/02 and
have the corresponding approval according to the characteristics
established in UNE-EN 50130, 50131, 50132, 50133, 50136 and in the UNE Standard

CLC/TS 50398




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- In a table, the type of device of the elements that make up the system appears
installed.


 As DOCUMENT NUMBER 4, it provides the user manual of the
alarm (hereinafter, the "Manual") in its existing version at the time of the
contract with the claimant. Highlights of it:

-Control panel with GPRS transmission: GPRS communications (...), SMS, card
Securitas Direct SIM included. Supports image transmission. Talk/listen loud

sensitivity. The only one with a personal portable intercom to ask for help.
SOS button. Indoor siren. Supports up to 32 home automation control user interfaces

-Key reader/smart keys: allows you to easily activate and deactivate your alarm
without having to memorize complicated codes. Different modes can be activated: day,

perimeter…

-Motion detector with color camera and flash from our central station
we can see what happens in your home or business in case of alarm
take sequences of images built-in flash for night vision and deterrence


-Communications: "supervision of communications through a periodic test."

-For activation, it has various modes, how fully activated when leaving your home
so that all the detection zones of the security system are protected.
security, or partial modes: that can be activated day mode or activated mode

night or perimeter mode activated.

In description and use of the control panel with keyboard, the different
functions of the buttons listed, from the SOS function, in case of emergency that
can be sent to Securitas Direct with a light indicator indicating that it has been

correctly received the coverage light signal from the control panel, “(...)”,
“hands-free” function to receive incoming calls and to answer,
calls to 112, and another series of functions.


3.3-Description of the operation of the contracted alarm system that was installed in

the claimant's property, composition of elements (switchboard of the
alarm located in the home, its components, control panel, sensors or
alarm detectors included in the system, alarm kit or other
system accessories and connection to the Alarm Receiving Center).


They are also asked to report the system or communication channel used by the
device installed in the claimant's home.

Point out that the manual describes on pages two and three the basic elements of
alarm system


The contract also included in terms of additional elements contracted:

A remote control, to connect-disconnect the alarm.

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An external siren flash, which is located inside the installation and sounds when,
for example, the alarm is activated.


Two magnetic detectors, two seismic detectors (although the contract includes
Separately, they are the same devices, known as “shocksensors”, that detect
opening, closing and vibration, do not collect images.”)

An element of verification by audio speaks listens, "(It is located inside the
control panel and is to perform audio and listening checks in case of jump

alarm, it is also used to talk to the customer through the switchboard).”

Three verification elements by video sensor photodetector image, (Detectors with
camera that react to temperature changes detected by movement,
in such a way that, if they detect movement while connected, they trigger the alarm and

collect images.)

An external perimeter detector with image (Same description as the photodetectors
but from outside)

A smart key reader (tag reader) which is the device used to

arm/disarm the alarm. Which is related to 6 tags (intelligent keys that are
are used to disconnect the alarm by passing them in front of the key reader
smart.

“The only modification with respect to the initial state was the change of the two

magnetic/seismic by three volumetric devices, which are cameraless detectors
that react to changes in temperature detected by movement, so
that if they detect movement while connected, they trigger the alarm”. It indicates then that
after discharge from service, at the time of the intrusion there were three photodetectors, and
three volumetric, in addition to the rest of the elements already mentioned.


Refers to the information included in the manual to complete the operation of the
system.

"Regarding the connection system with the Alarm Receiving Center (hereinafter,
“CRA”), this is carried out by means of a SIM card integrated into the control panel.

control."

3.4-a) Way in which the logs of the operation of the system are generated and stored
alarm system. If in addition to the operation or generation by the machine, is
Can Securitas operators create logs? Under what circumstances?


It states that "the system generates and stores records derived from:

-Customer interactions with the alarm system, for example: connection,
disconnection.


-Internal verifications of the system: example coverage (...), and



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-Activities of the alarm system in the performance of its function, for example jump
alarm.”


"Regarding the possible generation of new logs by SECURITAS operators
DIRECT, it is necessary to indicate that the catalog of logs that can be generated by the
interaction of the installed system and the CRA is closed, that is, it is not possible to
creation of new logs other than those that the system allows to generate. For other
part, obviously, some of these previously configured logs will be generated
as a consequence of the interaction of the system with an activity carried out by

an operator or user authorized by SECURITAS DIRECT, as well as by the
owner of the system or the persons authorized by it. However, as has been
indicated, they would be found in the catalog of those that can be generated in
the system and would not present any type of novelty with respect to the existing ones,
be it impossible."


b) Report if the alarm system control unit itself is capable of storing
records or only originates and sends signals, and which signals or records originate and which
it would be fate.

He replied that: "The switchboard (control panel) of the alarm system is capable of

store records, in fact, holds ***NUMBER.3 events which are
deleting cyclically, depending on the records that are generated and
recording continuously. As new records are generated and recorded,
they delete the oldest ones maintaining a temporary order of recording and deletion
always within the ***NUMBER.3 records that it can hold.”


Within these recorded events, a distinction must be made between:

(i) those that generate a log, a copy of which has been provided in the
Document No. 2 of those provided together with the pleadings to the Agreement of

Start (they collect mixed technical logs together with those considered data logs of
personal character, in sequential order of date and time, with keys of: "classification
signal”, key that is specified in ANNEX II of allegations to the initiation agreement together
whether or not it is considered personal data and why), the description, the most
wide (called in column “(...)”), comment, event, event extension,
priority, zone.


(ii) and other merely technical events related to the interconnection
produced for the submission of the logs to the CRA of SECURITAS DIRECT (e.g. channel
by which the log is sent, successful connection, acknowledgment, etc.). Since the
mentioned in point ii only refer to the referral and not to any type of

specific action, not generating a log, would not be part of what was requested by the
claimant.

"The destination of these records is the CRA, although the information mentioned in the
point (ii) as well as the logs that do not reflect a relevant event related to the

alarm operation are not communicated and remain in the internal memory of
the switchboard and are only accessible by SECURITAS DIRECT personnel in case of
an event occurs that requires forensic analysis. Throughout
case, the logs that remained in the internal memory of the switchboard disabled by the

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action occurred on November 27, 2015 have been incorporated into the information
provided in the aforementioned Document No. 2 of the pleadings to the Agreement of
Start."


c) When talking about the internal memory of the device, where is that internal memory located?
What events does it record, differences with the signals that it can send to the control center?
alarms the control panel? .

It responds that it is housed in the motherboard of the switchboard-control panel-.


As for the events it reflects, you have already detailed them.

d) Inform if it is possible and under what circumstances, activate or deactivate the alarm
from the CRA, and if the operation can be recorded in logs and if, in this case, it has been

any event of this type occurred in the requested access period.

Answer that "From the CRA, operators have the ability to activate or
deactivate the alarm only at the customer's request, within the framework of an interaction
phone with him. This petition is duly registered, through its
corresponding log.”


"In the case analyzed in this file, said functionality was used
within the requested period, and proof of this are the records detailed below.
below, which are part of the information sent to the Agency:


• (...):

o 12/18/2015 at 20:08:57 - Order sent (...) Total per user: B.B.B.. o
12/18/2015 at 20:09:08 - (...) external Total.
o 12/18/2015 at 20:19:59 - Order sent (...) Total per user: B.B.B.. o

12/18/2015 at 20:19:59 - (...) external Total.
Or 12/18/2015 at 20:20:07 - Order sent (...) Perimeter by user: B.B.B..

o 12/18/2015 at 20:20:19 - (...) external Perimeter

 • (...):


o 12/18/2015 at 20:18:56 - Order sent Disarm by user: B.B.B..

o 12/18/2015 at 20:19:11 - De(...) external: ***NUMBER.4.
3.5-Verification mode/s of the applicable alarm/s in this case, and which logs are

generate and indicate those that with this description appear in the period requested by the
claimant.

It responds that "the logs that are generated to verify the operation of the
alarm can be classified as follows:


(i) those that are generated as a consequence of an interaction of the holder of the
contract or an authorized by the same with the alarm system;


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(i) those derived from a human interaction produced from the CRA; and


(ii) those that are generated automatically, without human intervention of any

guy.

In this sense, and taking into account that only the logs listed in the
points (i) and (ii) imply a processing of personal data, and of these only the
listed in point (i) involves the processing of the Claimant's data or the

persons authorized by it, in Document No. 1 provided by the defendant
along with his pleadings, it was clarified that the right of access by the
interested in their own data, only affected the contents in the aforementioned
point (i) and not to those listed in points (ii) and (iii), which do not include data
Claimant's personal


Specifically, and with regard to all the logs provided to the Agency, they would fit
In what is described in this answer, the following logs that represent verifications of
alarm:

 • Logs from 11/27/2015 from 20:09:47 to 20:17:07,

moment in which an action plan is contacted.

• Logs from 12/06/2015 from 01:15:04 to 01:17:40.

3.6-a) Report on the aspects of configuration operation and types of

configuration of the device in the security system contracted by the claimant,
and by the different types of users that were contemplated and had access in the
device settings, if any. The way in which they are identified in the logs
the various actions of potential users in their various roles that may
assume: holder, authorized, contacts in the different elements of the system. In one
of the log names appears "user ***USER.1 accessed the client's file",

who is this user, given that in other cases they refer to the staff of the
entity as “technician”, “operator”.


a) Regarding the term used in logs, "designated contact", description of who

they refer to, and their relationship, where appropriate, with those authorized to access the system, and in
In this case, if the designated contact is only the holder of the alarm contract? Relationship
of actions carried out by the owner or authorized persons regarding situations
techniques in which the system can be found, (...)/(...), and if they can be
identifiable such actions relating them to the person who interacts.


b) Report the number of authorized Users in the contracted alarm system
per claimant, number of designated contacts, and if only the designated contact was the
holder of the contract, roles that differentiate in their actions and their limits to the user
authorized in front of the designated contact. For what type of actions each one? and
What type of actions can only be carried out by the holder?


c) Document in which the holder of the service has given the data of the users
authorized, designated contacts.

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He answers that "to clarify the way of interaction of the alarm systems with the
CRA, is answered jointly. The authorized contacts are understood to be, for the

owner who contracted the system, the claimant, while the users with access to the
system would correspond to SD staff.

Authorized or designated contacts may interact, in any case or under
certain circumstances with the CRA, making a communication to it in which
modification of certain characteristics of the action plan may be requested

established in the contract (e.g. delay time in the activation/deactivation of the
system, update of contact telephone numbers, etc.). In any case, that
interaction must be preceded by the keyword also established in the contract.
Likewise, the authorized contacts, in their order, will be the recipients of the
calls that SECURITAS DIRECT can make in the event of any kind of

impact on the operation of the system. In this specific case, how can
verified, the Claimant designated four authorized contacts in the Contract,
also establishing their order in the event that it was
interaction with them is necessary (see the last two tables on page 16
of the contract). Together with the authorized contacts and the contract holder, the other
natural persons operating in the system are the users, identified as the

SECURITAS DIRECT agents who can receive a specific incident
as a consequence of an interaction with the owner or those designated contacts and
where appropriate, they carry out the operations requested by them. This would give rise to the
generation of the consequent log that in the valuation attached to the document of
allegations to the Initiation Agreement were considered as personal data of the

Claimant, when proceeding from an action urged by him or his authorized.

So that authorized users of SECURITAS DIRECT are not
directly identifiable or accessible by third parties, each of them has
with a unique name or "registration" made up of alphanumeric characters

that exclusively allows its internal identification by the company. such is the code
"***USER.1" that appears in one of the logs and about the one that has been raised by the
AEPD the question of users. In this case, the registration of the interested party is recorded and not
its generic name given that the access occurred as a consequence of the
interaction carried out by the contract holder, thus guaranteeing traceability
of what was requested and the determination by SECURITAS DIRECT of who attended said

application.

Finally, within the users of the system, reference should be made to the remaining
technicians or operators, (...). In this case, the log generated by your activity does not generate
a license plate, since the aforementioned guarantee of traceability is not necessary.


For the purposes of the logs provided in this case, those that generate an interaction
between the owner or a contact designated by the latter and SECURITAS DIRECT are the
between 12/05/2015 at 14:19:04 and 14:45:45, where ***USER.1
access the customer file to manage and agree on maintenance with the customer

associated with the event that occurred on 11/26/2015.

Subsequently, also at 18:38:10 on 12/05/2015, the log shows the
registration ***MATRICULA.1, which is the technician who physically travels to the

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address of the claimant to carry out the corresponding maintenance, and connects
to the system to do it.


Finally, on 12/18/2015 at 20:08:18 the SECURITAS employee logged in
DIRECT B.B.B., as a result of a customer call to SECURITAS
DIRECT where it consults the connection status of the alarm at that moment. For
For this, the employee must access through an internal tool, which requires the
logged in from your professional email and password, through which you
You can check the connection status of the system and interact with the system under

what the client requests. Although this interaction is recorded in the logs, the
how it should be executed is implying that in registration instead of registration
the email appears (without @securitasdirect.es). In this case, the claimant
contacted the SECURITAS DIRECT operator that is identified in these
logs and that at the moment of initiating the connection it had to be previously identified

before the Claimant, therefore the latter already had the identifying information of this
used at the time the connection was made.”

3.7 a) Operation of the programming of the device when entering the home with the
security system active, to deactivate, or vice versa, to leave it configured
when the house is abandoned, also considering that there may be different

users, and how it has to operate when accessed by another user other than the one that left
programmed to output the alarm.

He replied that "the Manual incorporates the activation and deactivation procedure
of the alarm system as a consequence of the interaction of a user, not being

These effects require that activation and deactivation be carried out by a
same user.”

a) Indicate if the contracted service included the control of the application with a device or
mobile telephone terminal and how it interacted with the logs stored in the

server in the requested period.

It indicates that "the contracted system allowed its activation and deactivation from the
application (hereinafter, the "App") that the user could install on his device
mobile (this application exists in iOS and Android version). Taking into account what
above, when there is an interaction between the owner or an authorized contact that

involves the connection or disconnection of the alarm system, said incident is recorded
in the internal memory of the device, although it is only transmitted to the CRA in case of
that the action responds to the existence of a security incident. In that
of course, that is, when a security incident occurs (e.g. disconnection
as a consequence of an alarm jump) and later the

system, the log is registered in the CRA identifying the user (key, command or
code) that performed the action. Similarly, if the disconnection or connection is
performed from the App, the log is transmitted to the CRA, reflecting that a
action through an Iphone or Android device, but the number of
phone from which this action is performed.


In the present case these records would be the following:



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 • 12/06/2015 at 1:15:27 – Disconnection. KF 00 - User: 07 Disconnection by jump of
alarm at 1:15:04 (...). This log records a deactivation of the alarm system
by means of a remote control following an alarm jump.


.Regarding logs associated with interactions with the alarm system through the
APP installed on the claimant's mobile", refers to requests from IPhones from different
type: status request, of (...), of image on various dates from 12/06/2015.



In any case, the internal memory of the control unit (Control Panel) to which it has been able to
access my client, that is, the one initially installed and destroyed in the facts
occurred on 11/27/2015, does not incorporate, within the time period with respect to the
that the right of access was exercised, no log referred to (...) or from (...) of the system
alarm, this being, and no other, the reason why the information provided to the

Claimant does not incorporate any record of this nature in relation to the
disabled device. Regarding the logs that appear in the internal memory of the
installed on December 5, 2015, as will be analyzed when responding to
the question formulated in point 4.14 of the letter of that AEPD”, (3.14 of this
proposal) "my principal was not able at any time to access the information, so
that it was not possible for him to provide it to the interested party.”


3.8-a) If in accordance with the specific regulations of the sector of the operation of
alarms, periodic reviews are carried out, what would these be, and if they are done
appear in the logs, determining which are the specific logs that respond to
such reviews. If the so-called record of incidents, which is discussed in the OM

316/2011 of 1/02 on the operation of alarm systems saves any
relation to the logs generated by the system.

It responds that: "periodic reviews are provided for in article 43 of the RD
2364/1994 approving the Private Security Regulations and article 5

of Order INT/316/2011. These reviews would include at least the obligation to
carry out only one face-to-face annual review. The SECURITAS DIRECT CRA has
ability to perform these checks remotely, typically every
three months. In addition, it indicates that daily tests of communication and correct
Transmission of the alarm system with the CRA automatically.“


Examples of the aforementioned verifications are attached:

12/06/2015 18:45:42 Panel use: Tot 00, Parc 00, Per 00, Anx 00
12/05/2015 18:38:10 INSTALLATION IN TESTS
12/05/2015 18:38:10 INSTALLATION UNDER TESTS FOR MAINTENANCE -

***NUMBER.1 BY TECHN
05/12/2015 18:38:10 000:08:00 ALL ZONES
12/05/2015 18:38:10 TECHNICIAN: ***REGISTRATION.1-C.C.C.

"On-site reviews are recorded in the log of the management system of

CRA alarms, since the technician must check a series of
system parameters and carrying out the various functional checks.
Likewise, as contemplated in the regulations, if revisions were made
remote, these would be reflected in the event memory of the alarm system

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(art 5.2 OM and annex III quarterly face-to-face maintenance with a possible alternative to
automated self-test and bidirectional.”


b) Difference between inspections and maintenance operations of the installation
in operational state, where the latter are regulated, and through which modality they are
carry out these maintenance operations.

He indicated that "The review is a mandatory, preventive and periodic task described in the
aforementioned Private Security Regulation and Ministerial Order 316/2011, and the

Maintenance is a corrective task aimed at solving specific incidents
that do not allow the correct functioning of the alarm system, and that have as
purpose of correcting these incidents. The review is carried out, as
has been revealed in section a), while maintenance will depend
of the need and nature of the incidence, and can be carried out in a

face-to-face or remote.

3.9- If there is any relationship between the revision record books, revision record books,
alarms, incident record, OM 316/2011 of 1/02 of operation of the
alarm systems, and the logs generated by the device installed in the residence of the
claimant, if data from the logs are transferred to said books, and their relationship with the

consideration of personal data of the owner.

He replied that "Security companies, depending on the activity for which they are
are authorized by the Ministry of the Interior, are obliged to carry
certain books. In the case of SECURITAS DIRECT, you must bring the following

Books, the models of which have been officially approved by the Ministry of the Interior:

• Alarm Record Book. Completed and custody by SECURITAS
DIRECT It is intended to record the confirmed alarm messages that are
notify the Security Forces and Bodies. "In the present case, there was no

no confirmed alarm, so they would not be included in this book”” Provides
printing of part of the book in which there is no inscription.

 • Company Review Record Book. Completed and guarded by Securitas
Direct, is intended to record all periodic face-to-face reviews
that are made to the alarm systems of its operational clients.


• Record Book of Communications with the Security Forces and Corps, whose
object is the record of the collaborations and aids that are carried out during the year
with the Security Forces and Bodies.


"In none of the aforementioned books are logs or signals of the
alarm systems as recorded by the system itself, but rather the
information of that event communicated to the Security Forces and Corps
providing the data requested in the book”.



3.10-To verify the way in which the raw record or log appears in the system, it is necessary to
requests that they provide a copy of the raw log:


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a) From 12/15/2015, 4:50:24-Informative signal- which was the first to appear in
the right of access delivered to the claimant in his brief of 02/23/2021.


a) One of the logs of 11/27/2015, which appear grouped in "CRA Action",
and in "extended description" there is "different generic actions of the operator
human…"


Indicates that all the logs generated in the system appear collected in its
completeness in the document provided as document two, together with the brief of

allegations to the initiation agreement.

They provide document 5 with the extract of the specific logs requested

The logs of 11/27 occupy 8 lines, central alarm receiving action.



b) Indicate how the information referred to in "extended log description" comes out before
the elaboration, or where one goes so that in some cases it is so generic or
description open. If these generic descriptions cannot be detailed
further.


He replied that "As can be verified in the information contained in the
previous answer, the “extended description of the log”, which was incorporated in the first
of the responses given to the Claimant by my client, is not contained in the logs
generated by the system, which were reproduced as they are shown in the second
of the answers. This description was introduced in the first reply to the
Claimant with the sole and exclusive purpose of clarifying the scope and meaning of

the same. In this sense, SECURITAS DIRECT considered that the information
provided to the Claimant in the rough (document number 2 of those provided together with the
allegations to the Commencement Agreement) and without a minimal description of the meaning of the
logs may be of no use to the Claimant.”


3.11-In their allegations, they indicated that:

"... the records considered as personal data have been provided in three
occasions and in two different formats and including complementary information that
enable the claimant to understand it. It should be remembered that the records

generated by the systems of my represented have been provided as indicated
generated in them, and even so efforts have been made that even exceeded the
obligation of my represented, so that the recipient could understand the event that
reflect”.

It is requested that they provide or inform about the complementary information that

It helps to understand it and where it comes from.

It responds that "the supplementary information referred to in this
question is the one referred to the “extended log description”, already mentioned in the
previous section that my client incorporated into the responses provided to the interested party

at the time of responding on all occasions together with each of the
logs, trying to expose, even through a brief description, the actions
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to which each of them responded. In this sense, my client did all the
efforts reasonably required to address as clearly as possible what
requested by the Claimant, not limiting himself to providing the logs in the format in which they were

generated in the SECURITAS DIRECT systems, but by briefly clarifying the
scope of each of the Code lines provided.”

3.12 Regarding the "active interactions of the user himself with the systems in
physical or through the mobile application.", "passive interactions of the user or of
third parties that can provide information with their way of acting”, point out

examples, and if in all cases they could be personal data or not, and logs
that can be found within these categories.

He responded that "The user's own active interactions with the system remain
reflected in the corresponding log. In particular, reference should be made to the

connections and disconnections of the alarm system, which are only registered in
in case of having produced a previous alarm trip, as indicated in the
response to the question raised in point 4.4 of the letter of that AEPD”, (in this
proposal 3.4).

Along with these physical interactions, the client may have other complementary or

extras like e.g. press the “112” button that generates a direct call through
from the switchboard to 112. Also, as a physical interaction, you can press the “SOS” from
the switchboard and from the key reader (tag reader). Similarly, you can click
a "duress code" through the numbers indicated on the switchboard or you can
intentionally generate a tamper/sabotage or tamper signal, consistent

to remove a device for a certain reason (e.g. because the
house) or without it (e.g. because you hit it accidentally).

Finally, through the mobile application, connections can be made and
alarm disconnections, query system status, review invoices or perform

a request for images.

Examples related to physical interactions of the system are defined in the column
“***COLUMN.2 (...)”.

Regarding the "passive interactions", they do not imply the performance of an activity

of the owner or his contacts, but rather contain information that, in the event of
be analyzed, something that SECURITAS DIRECT does not carry out, could reveal habits
behavior of those (e.g. reiteration of periods in which the system is (...), which
would denote absence of the dwelling object of the security system), for which reason
considered personal data and were provided to the Claimant. Consequently,

this information is not derived from a specific log but from a more detailed analysis
of the logs that, as indicated, is not carried out by my represented.”

3.13- They stated that "we inform you that (...) the Securitas alarm systems
Direct register and store the information coming from the events with origin

technician and events originating from the interaction of the devices installed in
the domicile of clients. Specify about this internal memory in which device
exists, what is its function, and what events does it record, where do they come from, how long


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are stored and when they are collected, as well as what devices you interact with. AND
How is the saving produced and with what periodicity, and its destination?

He replied that "the internal memory of the device is located on the motherboard of the
alarm switchboard (Control Panel), its function being to record the events in the

system that are generated and storing only the last ***NUMBER.3
carried out, as indicated in question 4.4.b) (in this proposal 3.4.b).
These records are deleted, cyclically, depending on the new records
that are generated and recorded, so that the generation of a new record
implies the deletion of the oldest of those ***NUMBER.3. Such events can
respond to panel interactions with:


(i) the owners and contacts authorized by it;

(i) the remaining devices of the system (e.g. volumetric sensors or
photodetectors); either


(iii) the backend of SECURITAS DIRECT.”

The defendant stated that "After accessing the records contained in the memory
of the alarm it has been verified that it was connected from the day
11/22/2015 at 11:56 and that there was no anomaly, likewise, the

alarm recorded and sent movement detection signals at 8:09 p.m.
11/27/2015, not registering any event afterwards.”


3-14 The claimant stated in the procedure for the exercise of rights
TD/00167/2021, that "the request for access to the records contained in the memory

They refer to both "the destroyed alarm center and the one that was installed in my
housing on 12/5/2015 and that continued to generate signals and records”. For this purpose, it
requests that they report on the one that the claimant says was installed on 12/5/2015, if it was
within the same contract?, reason why it is installed and what impact does it have on the
logs of the destroyed one?, and why weren't the internal memory logs given from
said date to 12/13/2015.?


He replied that "First of all, it is necessary to indicate that my client did facilitate that
information referring to the logs generated during the period of time indicated in your
application, as it appears in the file, in which the two answers are incorporated
provided to the Claimant by SECURITAS DIRECT (the first one incorporating
a detailed description of the logs and the second by providing the logs as they are

collected in the systems of my represented).

In this sense, both the logs
stored in the CRA, such as those coming from the internal memory contained in the
switchboard (Control Panel) destroyed on 11/27/2015. Regarding the generated logs

from the installation of a new switchboard, the CRA, and therefore my principal,
can only access the logs that are transmitted to it from the
internal memory of the device, but not those of a merely technical nature that are
generated in said internal memory, given that SECURITAS DIRECT only
You can access the content of that device in the event that it had occurred

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an incident that requires your forensic analysis. In this case, given that said incident did not
took place, the device remained in Claimant's home until the
termination of the Contract, without at any time SECURITAS DIRECT being able to

access said internal memory nor was it necessary to carry out any analysis
forensic analysis of its content, as there has not been an incident that required it. As
It can be verified that these answers do contain information referring to the
period mentioned in the question raised. However, it is clarified that said
events are incorporated into the document provided by my client as No.
2 to the pleadings to the Commencement Agreement, and generated from the aforementioned day 5

December 2015.

On the other hand, in case of destruction of the switchboard (Control Panel), and always
Within the scope of the contracted services, the former is replaced by
a different one, being said installation, and the logs generated from the moment of the

Installation part of the development of the aforementioned contract. In the case at hand,
the reason for the replacement of the switchboard (Control Panel) on December 5,
2015, was due to the damage suffered as a result of the intrusion that occurred on the date
11/27/2015. As already indicated in the answer to a previous question, the logs do not
are modified by the fact that this substitution occurs in the device,
being those derived from the interaction of the alarm system with the CRA.”


3.15 For what reason do you indicate in the appeal for reversal against the
exercise of law TD/167/2021 that "in lines of code format" would satisfy in
to a lesser extent, compliance with the requirements demanded by the GDPR so that the
right of access can be considered adequately addressed”? and what is the

format "lines of code", if it is the one of the logs chronologically, without grouping? Input
copy of a format lines of code as an example, the one of the fifth access point
delivered to the claimant on 02-23-2021 "CRA performance" and indicate what it refers to in
the reversal appeal against the TD/00 167/2021 with which the information "was
is listed in the table attached to the letter of 02/23/2021", if it is the

general explanation of what each column contains or what other information, and where
Was it listed?, forwarding a copy of it and whether it was sent to the claimant.


It responds that "Given that in accordance with the requirements of article 12.1 GDPR the
information provided to the interested party requesting the right of access must be provided

in a "concise, transparent, intelligible and easily accessible" manner, and as has already been
repeatedly stated in this letter, SECURITAS DIRECT considered that the mere
reproduction of the lines of code corresponding to the logs generated by the
system, in the format in which they are visible to my principal, I would not allow the
Claimant to know the scope, sense and significance of each of the logs

sent in response to your request to exercise your right of access.

For this reason, the information was sent indicating the corresponding log, the
date and time of its generation and the description of the meaning of said log.


Notwithstanding this, and given that the interested party did not agree with the information
provided, the raw information was also delivered and as
generated in the SECURITAS DIRECT systems, said information being the one that is


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collected, shaded in green, in Document Number 2 provided by this
part together with its brief of allegations to the Commencement Agreement.”


3.16 The defendant is requested to report how they are similar, and what differences
exist among the accesses delivered to the claimant in writings of 02/23/2021,
05/18/2021 and those of 12/14/2021, in terms of quantity and content of logs, and why
In the latter and in May, no keys or clear indication of various
expressions used in that table.


He replied that: ”As has been indicated on various occasions throughout the
present writing, the differences between the two responses provided to the
interested is only in their format, containing in both
Assuming the same logs. Thus, in the one provided on February 23, 2021, it stated
each of the logs collected in the SECURITAS DIRECT systems that

contained personal data, including in the first column the times when
had been generated and in the third of them a summary description of the meaning
of the corresponding log. For its part, in the information provided on May 18, 2021, and
subsequently reproduced on December 14, 2021, before consideration
of the Claimant that the information provided had not been delivered to him in the
format in which it is collected in the systems of my client, the aforementioned was reproduced

information, not including the explanatory description of the logs. In this way, each line
of the document (those marked in green in Document Number 2 attached to the
allegations to the Initiation Agreement) reference was made to an individualized log, being
the lines in which said log was repeated were logically similar.
Apart from the aforementioned differences, referring only to the way of presentation of the

information, but not to its content, there is no difference of any kind
additional."

3-17 a) Indicate for the service contracted by the claimant, which logs would be generated
when the alarm has gone off, according to the different circumstances that may occur, and

what action or actions would be carried out. Indicate the logs that are related
with any type of jump alarm that exist in the boxes, and the differences
between them, and characteristics taken into account for them to be considered as
contain personal data of the claimant or not.

It responded that "the logs generated with the alarm jump suffered by the Claimant on

dated 11/27/2015 appear in the document provided by SECURITAS DIRECT together with
the brief of allegations to the Initiation Agreement, being understood between the first of
those generated on November 27, 2015 at 20:09:47 and the one generated the same day
at 8:17:07 p.m. Likewise, the aforementioned document includes the remaining
assumptions in which an alarm jump occurred and the logs generated, differentiating

those that do or do not contain personal data, depending on whether they are shaded in color
green or red and based on the information included in the report that was attached
as Document No. 1 together with the allegations to the Commencement Agreement of this
procedure. As can be seen, these logs are started by the
detection of a volumetric alarm alert at 20:09:47, generating a code

random (1155) that is generated with any alarm jump) so that, if it is sent to
a guard, he can disconnect it (in this case, it was not used to send to
no guard, since it was determined that it was not necessary). From that moment,
the system verification logs are recorded for the transfer of information to a

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operator, who from that moment makes the pertinent calls to those who
they appear as designated contacts in the Agreement entered into by the Claimant.
As can be seen, these attempts are unsuccessful with respect to the three

first contacts, when the voicemail is sent, communication can be made
with the room of contacts which, however, does not provide the word that allows
establish communication and that is also previously established by the
Claimant in the Contract, concluding the processing of the alert on November 27
of 2015 at 20:17:07 hours.


As can also be verified, all the actions related to the jump of
alarm and contact attempts have been considered personal data and provided
to the Claimant, not having such consideration the logs exclusively related to
with the way in which the SECURITAS DIRECT systems manage and channel the
actions to be carried out in these cases or those that refer exclusively to the operator

intervener. The justifying explanation of the consideration or not of the information
as personal data is contained in the report provided by my client as
Document No. 1 together with the allegations to the Initiation Agreement. Also, you can
check the existence of different logs related to alarm jumps
subsequently deactivated on December 5, 2015 from 18:56:37,
all of them having been provided to the Claimant because they are considered to incorporate

personal data related to it, given that these are actions aimed at
test the operation of the system installed in your home, carrying out different
alarm tests (volumetric, seismic, duress or magnetic). I also know
produces an alarm jump on December 6, 2015 at 01:15:04 hours,
being able to check the logs generated by the system, and which concludes with the

communication with the owner indicating at 01:17:22 hours that the alarm jump
it may have been generated by the chimney.”

a) In the requested access, inform if, as a result of any alarm jump, it was
communicated to the Police the possible access to the property, and if it is registered in

logs, indicating which one it would be.

He responds that "communication with the police generates the corresponding log, which in
this case was not generated because that contact did not take place.”

b) Likewise, report if the logs contain any "unconfirmed alarm" event,

indicating what they would be and if personal data has been considered.

"In the response given to the first of the questions contained in this section, it is
they have indicated the alarm jumps produced and their vicissitudes. The explanation about
whether or not the generated logs contain personal data is included in the document

No. 1 attached to the allegations to the Commencement Agreement.”


3-18-If when an alarm jump occurs, all the actions related to
with the device remain in the logs and if additionally, they can be generated or created

others by the operators themselves, and what they would be, indicating if they would all be data
personal, or not, and the logs of each one of them (if personal data of the claimant,
No).


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He answered that: "in the answer to the previous question, the jumps of
alarm produced in the Claimant's system with the generated logs, being able to
differentiate between those that do or do not contain personal data. Likewise, as already

has indicated, the logs generated by the system are not left to the discretion of the users
of the same or of SECURITAS DIRECT personnel, being those previously
constituted in the system, although logically the actions of said personnel give rise to
to the generation of the corresponding previously configured logs.”



3-19 a) Regarding the protocols that Securitas must carry out voluntarily - checks and
technical verifications, and related to system maintenance, specify the
articles and the specific norm that regulates them, periodicity or motu proprio, the protocol
internal summary of actions carried out by them, and if the regulations of
application provides for monthly activity reports for each alarm

for the owners, if these reports are fed from logs extracted from the registry of the
device.

He answers that: "First of all, one must start from the difference between a revision and a
maintenance to which reference has already been made in the answer given to the question
included in point 4.8 ”(in this proposal 3.8) of the writing of that AEPD. Starting off

of said base, revisions and maintenance are regulated in articles 43 to 45 of the
Private Security Regulations and in article 5 of Order INT/316/2011. In
They refer to the periodicity of the reviews, as well as the way in which
face-to-face and remote reviews must be carried out, both in accordance with the
Annexes II and III of the aforementioned Order. The verification tests of the correct

communication and transmission of the alarm, is a test that must be carried out depending on the
the characteristics of the property, based on its different risk of robbery or
intrusion (so, for example, in a jewelry store there is a greater risk, so the systems
alarm must have periodic communication tests with a periodicity
less, than in a system installed in a private residence). This aspect is

It is also related to the degrees of security and the certification of the
systems in accordance with the UNE or UNE-EN standards that are applicable. In addition,
Article 45 of the Private Security Regulation regulates the delivery to the holders of
the installations of a manual of use and preventive and corrective maintenance that the
The user himself must carry out, including actions such as changing the
stacks of devices, control over object placement that prevents uptake

detectors, etc. The regulations do not regulate the obligation to send reports of
alarm activity, so that each company determines if the alarm is carried out.
periodic sending of this information. In addition, the client can consult in the App the
connections and disconnections that you have made with the different keys placed at your
provision. The only case in which the submission of a report to the holder of the

contract as well as to the Security Forces and Corps, occurs in the event that
a confirmed alarm jump has occurred and it has not been transmitted to the
Security Forces and Corps, in which the reasons for the
that this transmission did not take place.”


b) In their allegations they indicate: “Securitas generated logs until 20:09 on the day
11/27/2015, time and date on which the intrusion into the residence of the
claimant and during which said alarm system was completely
disabled from that date could not generate more logs”. However, in the annex

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I, which includes the logs, contains logs after 11/27/2015, 8:09 PM. How I know
explain this fact? And what is the origin and purpose of these logs, and why not them?
considered personal data of the claimant.


It responds that: "The logs generated from the moment the jump of
alarm, and once those related to attempts to communicate with the
the contacts designated by the Complainant, refer to successive attempts to
communication between SECURITAS DIRECT and the system installed in the domicile of the
Complainant, which were unsuccessful and being machine-to-machine interactions

of a technical nature."


3.20 Explanation of why there are logs with different signs, according to what was provided,
considered personal data or not, and within these more than one, which coincide in

the exact recording of the time, example in the Excel tables provided in allegations
appears as non-personal data, 11/27/2015, 20:09:47, volumetric alarm. Intrusion
volumetric, seismic-according to panel version. Devices that do not need restoration
V8.8 to 9.5)- volumetric intrusion radius Volume, and the log of the day 12/5/2015,
18:56:37/ALARM/URGEN/XPO09 RP-Perimeter alarm SER Volumetric-photo.
Volumetric intrusion, seismic-according to panel version. Devices that don't need

restore V8.8 to 9.5)-


Answer: "As already indicated in the answer to the question raised in the
section 4.17” (in this proposal 3.17) “of the letter of that AEPD, the two logs

mentioned therein differ in terms of their content, given that in the first
of the assumptions a volumetric alarm jump of unknown origin occurs,
that does not provide information about the interested party, Claimant, while the
The second is due to the performance by the former of various tests in the
alarm reinstalled by SECURITAS DIRECT, deducing from it the existence

of personal data of the interested party, which generates the jump of the alarm system
in order to verify its proper functioning.


3.21 In the table that was given to the claimant on 12/14/2021, as well as in document 3,
green table that you provided in allegations, and which are personal data, there are

various codes in the columns, numerical, or letters, without which it is not clear
information. You are asked if the creation or collection of the meaning would be possible
of these keys, which appear in almost all the columns.

He replied that: "Regarding the alphanumeric codes that appear on the

"SIGNAL" column, it is the message generated in the system's own language
alarm that is translated into the information that appears in the rest of the columns and
essentially in the column of “***COLUMN.2 (...)”.

Therefore, to understand the meaning of the code, one must go to the field of

column “***COLUMN.2 (...)”. The system sends messages that incorporate codes
alphanumeric codes that are later translated into the different columns of the Log
presented. The "SIGNAL" column collects the part of the "raw" message from the system,


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in their own language (machine language) which is then translated into the rest of the
columns.

For this purpose:


• The column “***COLUMN.2 (...) is the translation of the system language event
to technical language, so that the agent/operator understands what the message is about.
This information is complemented by the columns “***COLUMN.1” and
"***COLUMN.2" that contain complementary information so that the
agent/operator can understand the event that is received at the CRA.


• The "ZONE" column identifies the alarm device in which the alarm occurs.
event (eg (...), identifies a recording photosensor in programming position 2) and
the “AREA” column describes the zone of the installation that corresponds (eg, Home
living room)


• The column “***COLUMN.3” indicates the priority of the signal, being the values
lower priority ones.

• The column “***COLUMNA.4”, contains the type of signal that represents the event
(e.g. INF is the code that is associated with "information", which appears in the
***COLUMN.2 (...), SS is associated with “supervision”, as also included in the

***COLUMN.2 (...), CC is associated with “coercion”, SO is associated with “SOS”, AAC is associated
to “power outage”, etc…). In this way, these codes are directly linked
with the information contained in the column ***COLUMN.2 (...).”

3.22 In the report of 01/29/2021, provided by the defendant in allegations,
document I, table II, containing personal data, provided in their allegations,

the entry is recorded: 12/05/2015 14:19:04/REGISTERED ACCESS: The user
***USER.1 accessed the file of the client/Internal registration of the operator who is
acting on a specific incident/ Information related to a character operator
procedural and internal Securitas Direct / personal data is considered: YES / If applicable
would be considered personal data of the operator itself and therefore would not be
capable of being provided to the interested party requesting the right of access.


You are asked to answer who the mentioned user is, and if you access the file of the
client, is related to their data, or accesses from the time the alarm is
working, why shouldn't they be provided? In fact, in the access
has provided you.


Answer that: "As already indicated in the answer to the question raised in the
section 4.6 of the document of that AEPD, "(in this proposal 3.6)" the reference
alphanumeric to the user refers to the registration of the same in its condition of
employee of SECURITAS DIRECT, maintaining this information pseudonymized to
so that its disclosure to the Claimant does not imply a transfer of the data of said

user, since access to the Claimant's customer file does not imply the
processing of personal data of the latter, but only of the employee who accesses
said information. The data has been provided to the Claimant in order to deliver to the Claimant
all the information that could be possible to provide without, therefore, harming the
ordinary activity of SECURITAS DIRECT nor the information that would be found

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protected by trade secret. However, it is reiterated that the aforementioned log does not
releases any personal data referred to him. In this sense, it is reiterated
doctrine of the AEPD by virtue of which the right of access does not include access to the
information referring to the specific users of the data controller who have
accessed the personal data of the applicant.”


3.23 In the same report and same table of the previous case, there is the log of 12/18/2015,
20:08:18 ***COLUMN.1 Logged: B.B.B., explain that “The record of actions of
a user supposes the obtaining of personal information about it. If it's about
of a personal data of a third user other than the exerciser of the right of access
and, therefore, it would not be possible to provide the interested party requesting the right of

access", as they know that under this log it is not the owner who exercises the right,
reason then for which it appeared in the table delivered to the claimant on 02-23-2021
(There are others with the same reference).

Answer that: "As a prior consideration, it must be ruled out that the person to whom

referred to in the aforementioned log is the applicant for access, not corresponding to the
Claimant, nor with any of the persons authorized by the claimant as contacts
in his contract, as can be seen from the identification made in the matter
raised. Having made this consideration, we refer to what is indicated in the answer
given to the question raised in point 4.6 of the letter of that AEPD.” (in this
proposal 3.6).


3.24 In document 2 presented in the registry named in allegations
”confidential client total logs”, which contains the logs in red and green, you are prompted
to clarify, because:

The notice appears as no personal data in red:


  11/27/2015 20:09:47/comment volumetric alarm/intrusion description
volumetric-seismic according to panel version devices that do not need restoration v
8, 8 to 9.5 volumetric intrusion radius.

In table I (report of 01/29/2021, provided by the defendant in allegations)

the log is also contained.

It is requested that they report if the alarm was activated by the owner and the following occurs
that appears in the information "radio volumetric intrusion", why don't they consider it
personal data, by being related to information, last configuration made,
or that it could have been by the owner or another user?, and what relationship does it have with the

next one that appears in green, as personal data, is the same date and time, with
different codes, and with another in red, same date and time "description level of
panel coverage”

In addition, it is observed that the same description appears in green as data

personnel on different dates from the same chart, example 12/5/2015 18:59:08, 18:59:
27, 18:59:48 18:59:57.

Answer that: "As described in the answer to the question
incorporated into section 4.17 of the AEPD document” (in this proposal 3.17) “the

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information marked in red responds to a technical event in which there is no data
any personnel of the Claimant (in this case the detection of an alarm jump) and
Therefore, it is not part of the information that must be delivered in the

case of attention to a request to exercise the right of access made
by the aforementioned Claimant, in accordance with article 15 of the GDPR. This is indicated in the
report provided by my client as Document No. 1 attached to the writ of
allegations to the Commencement Agreement (page 25) the following: This log line, although
provides information about an alarm jump in the sensors, insofar as the
that direct information on an attribute of the interested party is not transferred, nor is Securitas

Direct is intended to analyze a pattern of behavior or influence it in any way, the
information provided by the analyzed log line should not be considered as
personal data. In this sense, it would be a description of the technical and
internal Securitas Direct.” The remaining logs generated on that date and time have
been provided to the Claimant when they include personal data that could

refer to it, not being provided in the event that they are events
merely technical, following the content of the aforementioned report (see pages 23 to
26 and 36 to 38 thereof). The logs generated on 12/5/2015 to which this
question do not derive from an exclusively technical event, but from the interaction of the
user with the system, triggering the alarm to check its operation,
for which they effectively reveal personal data of that person and for this reason they have

been delivered to the interested party when exercising their right of access, as well as
described in the response to the question raised in section 4.17 of the letter of
that AEPD.” (in this proposal 3.17).

3-25 a) Clarify document 1, table I, logs of non-personal data, from the

01/29/2021, provided by the defendant in allegations, what does it mean or to what
reply:

“Logs, 12/06/2015 1:17:12, 12/06/2015 1:17:26/ NO REASON N/A Not provided
information regarding any characteristic, pattern of behavior, or other

user information. NO”(p. 26/105).”

Answer that: "As indicated in the answer to question 4.17" (in this
proposal 3.17) "the cited logs respond to a technical incident, which gives rise to
an interaction with the owner from which it can be deduced that said incident may have
be caused by the chimney and that there is no anomalous situation. Are

interactions have been communicated to the interested party in the response provided to their
Exercise of the right of access."

Despite the response, it can be seen that the logs appear in red in document 2
of allegations to the initiation agreement.


-Table I, after the previous one: all grouped in (...): 0 “27/11/2015
20:11:34 ,12/04/2015 11:04:50, 12/05/2015 9:30:10, 12/05/2015 10:48:31, 12/05/2015
13:14:21, 12/05/2015 14:17:44, 12/06/2015 1:15:22, 12/06/2015 16:33:51, 12/09/2015
8:54:14, 12/15/2015 2:38:08 12/15/2015 4:54:57”- Indicative that the incident was

transmitted to a human or machine operator. The signal, given its relevance, is
transmitted to a machine or human operator to start the management process. No
However, it is an internal procedure from which no personal data can be inferred.
of the user. NO". It is requested to clarify the key meaning (...):0, what would be the incidence?,

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Does the signal come from the home alarm switchboard? And why doesn't it say that
incidence is treated and does not clarify defining who is transmitted.?


It responds that "The callsign (...):0 is limited solely to recording in the system,
as indicated, that a (...) is produced, either to an employee so that
carry out the actions that are established based on the event that has caused it
generated, either to the system itself, to carry out the verifications
coming. In this way, (...), but exclusively the internal procedure
followed by SECURITAS DIRECT in the event of an incident that appears in a previous log, with

the one that can coincide in the generation time, given the automaticity with which
Opera."


3-26 -in table I, of non-personal data, Logs existing between the dates:


 a) 11/28/201 22:21:18 and 12/04/2015 9:04:26
 b) 12/04/2015 11:08:02 and 12/05/2015 13:16:56
 c) 12/06/2015 16:33:51 and 12/06/2015 16:33:57
 d) 12/15/2015 2:38:08 and 12/15/2015 2:38:12
 e) 12/15/2015 4:50:38

 f) 12/15/2015 23:24:51 and 12/16/2015 12:20:34 / (...) transfer, “Also, the logs
describe the internal and technical actions carried out as a result of this
disconnection”

Report how and by whom this procedure is initiated, and before what event is usually

produce

Answer that: ”As also indicated in the answer to question 4.17” (in
this proposal 3.17) "of the writing of that AEPD, these records are derived from the signal
that the system performs automatically to verify that it is

finds operational. As there is no response from the system installed at the home of the
holder, the logs to which reference is being made are generated, being able, from
that log automatically open a maintenance procedure, so that a
technician proceed to repair the device if necessary. In this sense, as
appears in the information already provided, on December 4, 2015 at 11:25:04 mi
principal communicates with the authorized contact number 2 of those designated by the

Claimant in his contract that indicates, as stated in the documentation, that my
principal contacts them the next day to carry out
tests according to COM LOG that we call the next day for tests. for this
reason, the aforementioned communications of December 4, 2015 do contain data
personal and have been delivered to the interested party as a result of the exercise

of your right of access” It is appreciated that the log in which you contact no. 2, the
4/12/2015, could be the one at 11:06:07

3-27 Since the log can indicate that an intrusion is detected and gives information about
alarm jumps, which is why the log of 12/6/2015 1:15:04 and those grouped in

PHOTO PIR RADIO intrusion in table I of document 1, it is considered not to be data
personal, it is not indicating that they give the data of the image, but the information of
that there has been an intrusion, and why it would not be personal data said
information.

C/ Jorge Juan, 6 www.aepd.es
28001 – Madrid sedeagpd.gob.es 56/102








It is also observed that a log with the same date and time appears as personal data,
in green in document 2 of allegations agreement start, although with another description:

"code to disarm the alarm" "Central high priority" In other instant logs
later figure "everything is fine", "indicates that it could be the chimney" interspersed with other
red logs, no personal data, about "panel coverage, images so that
CRA downloads them or "images already in CR".

Answer that: "As indicated in the answer to question 4.17", (in this

proposal 3.17) "the cited log responds to a technical incident produced in a
photodetector which, in the claimant's judgment, had been generated by the
home chimney. This incident gives rise to a volumetric alarm jump, that is,
that is, an intrusion or anomalous event is identified, and the contract holder may
access the generated photograph through its App.”


3.28 a) same table and document mentioned above, logs from 12/15/2015
2:42:11 and 12/15/2015 4:50:19 ELECTRICAL CURRENT (AUTO) Detection of lack of
electrical current in the device. Securitas technical information
direct. To the extent that direct information about an attribute of the
data subject nor does Securitas Direct intend to analyze a pattern of conduct or influence

him in any way, the information provided by the parsed log line should not
be considered as personal data. Indicate what the denomination implies, and if the
device was (...) by the owner, because this log would not be considered information
of its owner since it could affect his right.


Answer that: "The log to which this question refers has an exclusively
technical and is limited to detecting the existence of a cut in the electrical supply that
affects the device. SECURITAS DIRECT cannot know the reasons why
which the power failure has occurred. However, the system remains
operation, since it is equipped with an auxiliary battery that allows its

supply when the alarm is armed in order to identify the
incidents that could occur during the cut produced. For this purpose, it is
irrelevant who and under what circumstances proceeded to (...) the alarm system, given
that the only thing that the log reflects is the existence of the absence of electric current in
the device, so that no natural person can be identified by the
occurrence of this event nor does it provide any information about a person

identified or identifiable. This incident generates the remission of a communication to the
owner, indicating that the (...) system has been modified as a consequence
of the aforementioned cut, as can be verified in the documentation provided
by my client The log generated by said communication does contain data
personal data, and this is reflected in the document sent to the interested party (logs generated on

day 12/15/15 at 4:50:24 that appear in the document sent to him).”

It is observed that in the logs of that day they begin with annotations of no data, in red
at 2:38:07, four logs, and the next one at 2:38:23 if it is a personal data log, with
information (...) and at 4:50: an email sent to the claimant's address,

continuing to include several logs of non-personal data with references to "failure
supervision”, “incident cancelled, maintenance pending”.



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-b) because in several of these logs in Are they considered to be personal data?, they indicate
As a general rule, no, but images are collected when they are detected
movements through the sensors, in case they had captured the interested party,

would be personal data and should be provided to him, and how do they know that the person
who accesses is the owner, an authorized person, another user?, and if, should not inform the owner
from the fact that images have been collected, if anything.

He answers that: "In relation to these logs, not all the sensors installed in the
Complainant's home include photographs (e.g. at that point reference was made to

volumetric sensors).

In any case, SECURITAS DIRECT can know if the image, if it is
collected if an alarm jump implies the development of the corresponding protocol (see,
for example, the response given to point 4.17 of the letter of that AEPD)” (in this

proposal 3.17) "which involves communication with the person or contacts
designated. In this way, if from said communication it is derived that the image is
refers to the interested party, a copy of the same would be provided, which would also be
accessible by him from the App.”

3.29 What does the extended description that appears in a table consist of as

"Internal registration of the operator that is acting on an incident".
Answer: "It has already been indicated in the answer to the question contained in point 4.6"
(3.6 in this proposal) "the internal registration of the operator that is acting in a
incidence" is the internal alphanumeric code that uniquely identifies the
SECURITAS DIRECT employee who is working on the device to

solve or manage a technical incident that occurred in it.”

3.30 What are they referring to when they state that the system performs
“Autonomous system checks that are performed without user or intervention
nor the service provider", and object, between which equipment is produced and if it appears

regulated in private security regulations or in its own protocol and that can
assume its non-performance.

It responds that: "For "Autonomous verifications of the system that are carried out without
intervention neither of the user nor of the service provider", and following what is stated in
question 4.8” (in this proposal 3.8) “we were referring to the tests

periodic communication and correct transmission of the alarm system with the CRA.”

3.31 a In annex II, information, they indicated that:



- "Those log lines not derived directly from the results have not been analyzed.
security system services provided by Securitas (i.e. logs with
designation: FR0 to FSZ; ROF and ROI). Likewise, they have not been subject to
I study those log lines that, according to the information provided by
Securitas, have no practical application as of the date of writing this report:

IAC, ICA, PID, PDD, TLL and TWC”. Explanation of the meaning of this is requested
annotation.



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Answer that: "The meaning of these expressions refers, as the content of the
own report can be deduced, to logs that no longer operate in the
SECURITAS DIRECT or that are not related to the operation of the

Claimant's alarm, so they do not fit what was requested by the Claimant."


b) There is a log that indicates: “VCA/ Available Photo/Video Alarm in CRA Images already
in CRA./ …Notwithstanding the foregoing, the captured images, in case they
had captured a subject, it would be personal data and should be provided

to the interested party provided that the applicant for the right of access coincides with the person
captured in the images./ Personal data is considered: Yes. Explain why if the
images captured by the owner himself when the alarm was detected, said images will not
They can be transferred to the owner of the device, including if they are their own.”


He replied that: "In relation to the delivery to the interested party of images captured
will have to differentiate:

(i) the situation in which the person appearing in the images is solely the
applicant for the right of access, in which case they must be granted together with the
the rest of the relevant personal data and,


(i) the situation where the device captures images from a third party, in which case
could not be granted with the right of access as it would imply a communication of
personal information. In this sense, the criterion supported by SECURITAS DIRECT
would coincide with that established by the AEPD itself in relation to the exercise of

rights in relation to video surveillance systems. Thus, in section 2.3.10 of
its Guide on the use of video cameras for security and other purposes indicates that
this right "has unique characteristics, since it requires contributing as
complementary documentation an updated image that allows the person in charge
verify and verify the presence of the affected party in their records. It turns out practically

impossible to access images without compromising the image of a
third. For this reason, access can be facilitated by certified writing in which, with
as accurately as possible and without affecting the rights of third parties, specify the
data that have been processed”. In any case, the holders of the
SECURITAS DIRECT alarm systems have access, through the App, to the
images captured by the devices at the time an incident occurs

by jump alarm by means of a device capable of capturing images.
Likewise, these images are made available to the Corps and Forces of
State Security if necessary. In any case, the possible access by the owner
of an alarm system to the images, without prejudice to its legality as a transfer of
data, would not form part of the right of access of the interested party, as

It follows from the doctrine of that AEPD that has just been reproduced, by not referring to
your own data

b) Explain the meaning of this log: “SID Inactivity time Periodic verification of
movement within the home. From the joint information provided by: (i) the

time without motion detection; and (ii) date of the specific log in the case of a
analysis of a real log, knowledge of certain patterns of
behavior of a user, so this log line could be considered as data
staff. YEAH.

C/ Jorge Juan, 6 www.aepd.es
28001 – Madrid sedeagpd.gob.es 59/102








It responds that: "The report provided as Document No. 1 attached to the allegations
to the Initiation Agreement, not only analyzed the specific logs generated in relation to the

alarm system contracted and located in the Claimant's home, but the
all the logs that an alarm system could produce, including those
which in no case occurred in the controversial case, since my principal
wanted to know the scope of the application of the concept of personal data in the
operation of said alarm systems. For this reason, the report
differentiated in three tables the logs generated in the specific relation of the Complainant

with SECURITAS DIRECT, distinguishing those that would be considered data
personnel (table 1 of annex I) and those who do not (table 2 of annex I), as well as the rest
logs that could be generated by any alarm system, analyzing whether they
whether or not they fit into the concept of personal data (Annex II). The log to which this refers
question is not among those generated in the case of the alarm system of the

complainant, so it can be considered that the question raised is irrelevant
for the purposes of this file.”


3.32 If it is possible that the logs overlap, existing for example the one that is
registered the (...) alarm by the owner and subsequently others have been registered

events.

He responded that: ”Each log line is a unique record with date and time, and even
there can be several in the same minute and second as they are "machines" but this
It does not suppose an "overlay", but the generation of several simultaneous logs."


3.33 a) It is requested that they inform if the table can be provided to the claimant
ANNEX II containing the (...) of the signal and the descriptors, (report of 01/29/2021,
provided by the defendant in allegations) and reason in case it was negative.


It responds that: "Annex II refers to logs that have never been generated
in the claimant's alarm system, so that said information in no way
case would be related to your Contract, regardless of whether or not it had
the character of personal data. At the same time, as has also been shown
manifest in the allegations to the Initiation Agreement, the operation of the systems
of alarm of my represented and the logs that they generate constitutes an asset of

SECURITAS DIRECT protected by the rules that regulate trade secrets. Of
this way, the information being irrelevant to the interested party and being, for
On the contrary, my principal, protected by trade secret, considers that neither the
regulations for the protection of personal data, nor any other authorize that
have access to that information.


It is appreciated that Annex II, called "general analysis on the consideration of data
staff" found in document 1 provided in allegations to the agreement,
contains a letter key called “(...) of the signal” which also appears in the box
of document 2, signs in green, data of the claimant, and that it coincides with the

format delivered to the claimant on 12/14/2021. By way of example, it appears in both
annex II as in the table delivered to the claimant: IDE, the description of the signal
“External disarm”, as well as the extended description provided by SD and a
explanation of linkage directly or through inference to behavior or

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information of a natural person, and YES in personal data, so it would be
explanations that have to do with the content of what has been provided to you


b)-Reason why annex I, tables I and II, does not contain the key (...) of the signal and
its description that is contained in the table of ANNEX II

He replied that: "Reference must be made again to the scope of the report to which
this question refers to, in which it was possible to differentiate the logs actually generated in
the Claimant's system of those that had not been generated, so that while

the first could be differentiated according to the moment in which they were produced, the
seconds could only be referenced by a specific denomination. that and
no other is the reason why the tables of both annexes differ, in the same way
that the tables contained in annex I indicate whether or not to include the
corresponding log in the response provided to the request to exercise the right of

access, which for obvious reasons does not appear in the table in annex II.”

3.34 In the event of an alarm at home, to whom would the
information?, to the last user that appears logged in in the alarm connection?, to the
headline? Under what assumptions? And how do you identify them in the logs? -Detail in this
case, some log that considers personal data and that motivated by the alarm jump, is

have given information to that person.

Respond that: "The action protocol in the event of an alarm jump, and
that was followed in the case of the Claimant in the alarm jump dated 11/27/2015, it is
the next:


• Call to speak/listen to the alarm center. (Audio Verification).

• Call to the landline telephone of the home where the system is located, if
have that data.


 • Call the designated contacts in the order established by the holder of the
contract in the action plan that appears in the Contract and verification of the word
clue.

 • Contact information in case of communication with it and the

keyword verification.

 • Notification to the Security Forces and Bodies in the event of indications
evidence of the possible existence of a crime (in the case of November 27,
2015 was not executed because it was not considered a confirmed alarm).


"In relation to the specific assumption analyzed, as described in various
previous answers, the interested party designates in the Contract up to four contacts,
also establishing an order of priority in the communication to them of
a certain incident. Once you get in touch with one of the contacts

designated, you are prompted for the password, without which you are not provided with the
information about the identified incident. This is how it happened in the alarm jump
produced on November 27, 2015, in whose logs it can be seen how
attempted contact successively with the persons designated first, second, and

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third place, being unsuccessful, and since the contactee in fourth place did not facilitate the
keyword."


3.35 In their allegations to the initiation agreement, they indicated that:

"After presenting the information, the Agency also mentions the" time jump
between 11/27/2015 at 8:17 p.m. and 12/4/2015 at 11:05 a.m., without explaining the reason for
that absence of “logs” in that time interval”. On this statement you cannot
this part but to state, said without the intention of offending the Agency, that it is not

corresponds to reality and it is enough to refer to the document presented by this party to the
Agency on 06/18/2021 (pages 106 and 107 of the file) where my
represented shows (we quote verbatim what was stated by
SECURITAS DIRECT) "it generated "logs" until 8:09 p.m. on 11/27/2015,
time and date on which the intrusion into the claimant's home occurred and during

which, said alarm system was completely disabled. from that
date, it could not generate more logs”. In addition, and in relation to the internal memory of the
device, this party also revealed in its letter of 06/18/2021
(pages 106 and 107 of the file) "(...) after analyzing the internal memory of the
installed alarm only had a "log" generated for that time frame, which
It was recorded in our burofax dated 02/26/2021”.


a) Note that there are logs in that period that are considered non-data
personal. In this regard, you are requested to indicate how such logs are started and how
end.


They respond that: ”As has already been indicated on several occasions, the logs to which
the question refers to correspond to those generated directly from a
SECURITAS DIRECT operator at the CRA, and basically consist of the
successive attempts to communicate with the interested parties to report the incident
and check the alarm status. It is not about the communications from the switchboard

located in the claimant's home, which, when rendered useless, could not generate
no type of log or signal, as evidenced by the logs that the system generated
between 22:21:18 on November 28, 2015 and 11:04:50 on the 4th
December 2015, to which reference has been made earlier in this
written."


a) Also explain how the interruption is linked to the first log of
resumption, (cataloged in green) 12-4-2015, 11:05:04, what event produces it and what
personal information would provide this.

Answer that: "The aforementioned log is the result of technical verifications through

an automatic system called GTI (as it appears in the log itself) that is
is in charge of carrying out various checks to know the technical state of the
system, proceeding to the opening of a maintenance when necessary. In
In this case, an operator is in charge of calling the client to make a review with the
customer online and if this is not possible, arrange a visit by a technician to verify the

system state”.

It can be seen that on 12/4/2015, as in previous days, the logs appear in red,
while as of 11/28/2015 they are all in red.

C/ Jorge Juan, 6 www.aepd.es
28001 – Madrid sedeagpd.gob.es 62/102








   3.36 a) In document 2 of allegations, -total logs- Excel table of all logs,
   differentiated in red-no data-, green, yes, figure:


   With different keys of the "(...) of the event" distinguished in red those considered not
   personal data, example, there are two in red, from 11/27/2016 20:09:47, and another one
   date and time, in green. How are they similar and how are they different in terms of the
   references of its contents in terms of information on personal data that
   can contain.


   b) In this case, for example, detail the difference of these two logs (of no data
   personal) in terms of origin and because at the same time, in this case, one does
   considered personal data and the other not.


   Likewise, if you wish, comment on other logs -not personal data- that coincide with the date and
   hour.

   Answer that: "As stated in the response to the question contained in the
   point 4.17” (3.17 in this proposal)” the logs refer to different events: the
   first involves the detection of an alarm jump detected by a sensor

   volumetric; the second involves the generation of a deactivation code in case
   that it is necessary to go to the house once the verifications have been carried out
   corresponding, which also appear in the logs table; and the third refers to
   the coverage (...).”


   c) Explain if it seems possible that as it happens with the marks of the non-data logs
   personal that there may be more than one on the same date and time, if you could also
   there should be two of the same date and time so that logs of those considered
   personal data, some example, and if in those of the claimant it occurs in any case.


   Answer that: "The answer to this question would be that it is possible and an example of
   These are the following logs marked in green that refer to maintenance
   alarm change presence. There are several logs that occur at the same time
   temporary. 12/05/2015 18:38:10:”, indicating four movements of the same date and
   hour.



EIGHTH: On 02/2/2023, a proposal for a resolution of the literal is issued:


"That the Director of the Spanish Agency for Data Protection sanctions

SECURITAS DIRECT ESPAÑA, S.A., with NIF A26106013, for a violation of article
58.2 c) of the GDPR, in accordance with article 83.6 of the GDPR, classified as very
serious in article 72.1.m) of the LOPDGDD, with a fine of 50,000 euros.

In accordance with article 58.2.c) of the GDPR, it is proposed that compliance with the
right of full and understandable access, as specified in the last foundation of
law and follows from the meaning of this proposal.”



NINTH: On 02/20/2023, the defendant made the following allegations:
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A) About the technical logs and their assimilation with personal data, states:

1-The device will at no time be under the influence of the claimant, nor would it have
ability to exert influence over the claimant since he does not have the ability to

configure or modify the technical parameters that affect the mode of operation and
the configuration established by SD for its interaction with the receiving center of
alarms.

2-"Although the number that identifies the device in relation to the contract entered into with
a certain client must be considered personal data when linking with the party in
said contract", the interpretation carried out by the AEPD in its proposal distorts the

concept of personal data, and, consequently, the application of the GDPR, understanding that
each technical action on that device is a personal data of the claimant, it is
that is, that it constitutes information "about" him, and that, therefore, must have been provided in
the right of access.


- The information in the technical logs has no impact on or on the interested party, nor if-
want indirectly, as they are signals and communications carried out between machines that,
in any case, they are unrelated to the owner of the home on which the system is installed and
They do not affect it, directly or indirectly.

3- Reiterates the meaning of Opinion 4/20007, on the requirements that should be met in

the information to understand that it can be considered personal data, when it
“be seen on an identified or identifiable person”. In the framework of their discussions on
data protection issues raised by RFID tags, the Group of
work pointed out that a «data refers to a person if it refers to his identity, and
their characteristics or behavior or if that information is used to determine or

influence the way she is treated or evaluated.”

To consider that the information referring to a specific object, the alarm device,
installed in the claimant's home may be considered personal data, as it relates to
about a person, there must be an element of content, or purpose, or result.

In the report provided in the initiation agreement it was already indicated:

 The information must refer to a specific natural person, so the information
in the logs must, at least, be in one of the following situations:


a.1 Be directly linked to a specific individual, in such a way that
provide direct information about their way of acting, their mental characteristics or
physical features, preferences, abilities, or any other pattern of behavior that may
be directly attributed to it, or


a.2 Can be used to evaluate or influence in any way a particular individual
or in his conduct, or



a.3 Can have a direct impact on the rights and interests of an individual
certain.



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From this conclusion, it was inferred that the technical logs could not be considered personal data.
personal because it refers only to an object and is not found in any of the sub-
mentioned positions.


The evaluation of the proposal only alludes to the fact that technical logs are personal data
due to the fact that they are linked to the alarm system identifier, and this, via contract
to the claimant. It considers that the "content" requirements do not meet: It does not provide
information directly about the interested party, of the "purpose": the objective of the
technical logs is not to evaluate, treat in a certain way or influence the situation or

behavior of a person, nor of "result": that "would occur if the use of the
information affects or could affect the rights and interests of the
claimant" , "since there is no possibility that through the information obtained from
technical logs may in any way affect the rights and interests of the
interested party that is not related in any way to the operations that constitute said

logs”. The “use of this information could imply differential or discriminatory treatment
of the interested party or an affectation in his personal sphere”.

4- The consideration as personal data of the information contained in the technical logs
is not affected because it refers to the ARC-alarm device interconnection
installed in the domicile of the claimant, since the purpose of this, in nothing can
determine the nature of the personal data or not of the signals that it emits. Whether

follows this reasoning any information related to an object could lead
to consider it as personal data, when its usefulness or purpose is affected
for which it has been acquired or is derived from a service contracted by the
interested,

In addition, it considers that information related to machines or systems has no
necessarily the condition of personal data in case they do not reveal information

about an identified person.

  He gives as an example the mixed data (personal and non-personal) that can
be inextricably linked or not, being able to enter the scope of the right of access, or
No, which means that only the personal data in the group is accessible to the user.
interested party, as stated in the EDPB guidelines 1/2022 on the right to
access. It ends by indicating that these circumstances can be extrapolated to the present case,

in which the internal operation of the device and its interaction with the CRA, without incorporating
more information than is relevant to verify and analyze the operation of the
contracted alarm systems.

 Regarding compliance and its manner, regarding the claimant's request for access,
states:

1- Regardless of the consideration that one has about the nature of personal data of the

technical logs, which is not the object of this allegation, the excluded information does not have the
character of personal data, having been given access only to what refers to the
personal data processed by the person in charge receiving the request.



2-Has tried to respond to the claimant in the terms that the claimant has requested, and
even facilitate the understanding of the information provided. It was the claimant who,

once information was provided that was intended to clarify the scope of each of the logs
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provided considered that what should be provided were the "raw" logs, without the
grouping and clarification previously carried out, to later consider that this
The information did not satisfy him either, as it was, in his opinion, not very understandable. Which

pursued by the claimant is the information generated by the alarm system, given that
understands that there was a failure in its operation that led to the theft in its
property



   B) Regarding the disclosure of "know how", he states:

1-Law 1/2019 of 02/20/2019, on business secrets, aims to guarantee and
protect undisclosed know-how and business information from

its illegal obtaining, use and disclosure. In this case, it has lace as
information being referenced, which reveals internal processes and the
mode of operation of the installed alarm systems and in consideration of the
article 1.1 of said Law

2-The information of its systems and processes constitute an asset. The security that
can communicate with the technical logs must be adequately protected to avoid

access by third parties that could circumvent or circumvent the operation of said
systems.

The information that is provided in the logs contains an informative activity and
recorded through their own information systems (i.e. current status of
programs, security, access, network connectivity, etc.), and therefore, said

information results generate a standardized work methodology that is
owned by SECURITAS DIRECT.

Links the disclosure of this information to the safety of users of your systems
alarm, as a guarantee of the general interest and the preservation of security that
It affects all the generated logs. It considers that the individual right of the
claimant cannot prevail over the guarantee of the integrity and security of all

Your clients.

3-Employees have access to the information due to their employment relationship, and it lacks
relevance what is indicated in the proposal, as it is left out of the application of the
regulation of business secrets, whose effectiveness is external to the company. “The logs
used in the devices owned by him, provided to the Claimant, contain
non-personal information that, used automatically and in aggregate,

provides a series of signals that, studied in aggregate form, provide
SECURITAS DIRECT relevant and proper information for the improvement of services
security that provides, in addition to describing, in its sequential reproduction, the
internal procedures followed by the systems of my client, whose disclosure to
third parties could produce an impairment of their rights.”



4-The "trade secret" to be protected does not come from the study of a single log (remember
than without data processing), but said "commercial secret" comes from the study
set of all logs, which allows SECURITAS DIRECT to be able to
anticipate events that may occur and affect the safety of its customers,


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being able to adopt the measures and guarantees that derive from the study and analysis of those
logs.

5-Of the technical logs, only common technical and algorithmic measurements are observed
to all devices, used together to provide users with a

high level of security in the service provided. He considers that "it is not appropriate
the disclosure of your know how, by providing logs that are used in a manner
exclusively to provide the service it offers to all its clients, since
to do so, you would not only be placing yourself at a disadvantage with the rest of your competitors, but
that, what is much more serious, the right to personal integrity of

its clients and those who reside with them, although we consider at least
similar protection to the right to the protection of personal data.”

6-In addition, on the legal basis X of the proposal, it is deemed necessary
provide the description of the processes through the keys that allow to clarify the
mentioned table and its sections that make the tables of the data understandable in
line or raw format, as obtained by the defendant, which considers that

multiplies the risk of harm for all its customers. He believes that in order to "guarantee the
integrity and proper functioning of its services, considers that it cannot
provide the claimant with all the logs, since doing so would be
jeopardizing the safety of more than a million and a half customers who hire
its services".

7-Consider that the trade secret of your rights is much more relevant, for

general interest and the preservation of security.



C) By virtue of the aforementioned, he requests the file of the imputation. Besides,
Regarding the graduation of the sanction, it states:


1-On the application of article 83.2.a) of the GDPR, based on the fact that it is confused

what is an element of the sanctioning type with an aggravating circumstance and the
indicated circumstances are taken into account to delimit the alleged infringement, as well as
as if to aggravate it, "which violates all proportionality."

2-Considers that the information provided is neither incomplete nor a mere
“summary with sparse information”, and which was provided in two different ways and
complementary.


He requests that, as mitigating circumstances, it be taken into account that he attended the
request of the interested party granting it in various formats, denying good faith in the
proposal.

TENTH: Of the actions carried out in this procedure and of the
documentation in the file, the following have been accredited:



                                PROVEN FACTS



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   28001 – Madrid sedeagpd.gob.es 67/102







1) The claimant has a holiday residence on which since 07/30/2014,
had signed a security service contract with the defendant that included installation,
maintenance and operation of an alarm center.



2) The claimant states that when accessing his home, on 12/4/2015 in the afternoon, he discovered
brio, who had suffered a robbery found "the alarm center" destroyed without having been
notified, receiving a call from the Company that same morning indicating the existence
ence of connection problems.


3) The claimant exercised his right of access before the respondent on 04/07/2017 “regarding
all the information on the Securitas Direct servers related to the records and
signals sent by the alarm equipment installed on your property, as well as the copies
of the records contained in the internal memory of the alarm between the days

11/26 and 12/18/2015”. The defendant replied that the records contained in the alarm did not
fall within the category of personal data, the claimant going to the AEPD that
resolved in an appeal for reversal on 01/2/2018, to estimate the claimant's claim and indicate
when the right was provided. The defendant challenged the agreement in the contentious
civil-administrative, resolving the National Court, first section, on 07/23/2019, in
his appeal 146/2018, dismissing his claim and confirming the resolution.


4) On 03/23 and 24/2021, the claimant submits a new document to the AEPD, according to
noting that he exercised the same right before the defendant on 02/02/2021, receiving a
02/23/2021, with an Excel table that the claimant estimates that he does not meet the demand.
right.


The Excel table containing the access provided to the claimant comprises a
total of 94 log lines, plus one from a time period of 12/5/2015,
related, according to the defendant, with tests on the alarm system as part of the

facility maintenance.

The table is an elaboration of the one claimed, of what it indicates, "are data
personal”. It starts by date, not chronologically ordered and is grouped by name,
"nomenclature of the generated log" together with a description made by the defendant,
"extended description of the log" that aims to inform or define what it consists of. That

definition or "extended description of the log" is generic in the detail of the incident. The
“generated log nomenclature” also has a general name like: “Signal
informative””***COLUMN.1” or within it there are several, such as “action
CRA”, which includes “communicating”, “voicemail skip”, LOCSIN. To mention
Some examples:


a) "(...) external perimeter" "nomenclature of the generated log":" "Central Security priority
low."

b) "Different generic actions of the Securitas human operator in the event of an incident

concrete, example speech/listening enablement, call to the different listed contacts,
internal comments in relation to information transmitted by contacts
etcetera”- “nomenclature of the generated log”:” “CRA action”.

In some logs, it refers to "contact", without identifying or specifying which contact it refers to.

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refers, as "contact does not remember the password to prove the identity and close the
incidence”, or “the contacts that the Securitas operator tries to locate are not
answer”, “operator gets to talk to contact”.


5) The claim gave rise to the AEPD processing the procedure for exercising the right
TD/00167/2021 in which the claimed before its admission to processing and initiation, the
05/19/2021 stated that not all the logs that record the signals of the
alarms, as well as the contents in its internal memory can be considered
containing personal data. He states that he has prepared a report through

a law firm, signed on 01/29/2021 entitled "application of the concept of data
personnel to the signals or logs generated by the alarm systems” that indicated the logs
which it considers "do not imply processing of personal data, and lists the categories of
the logs that it considers would be found in this assumption:


          1) "Issuance of signals of a purely technical nature for communication between the
devices as part of the verification protocol of their correct operation or to
the record of a technical failure”. He puts as examples in his writ of appeal against the
TD/00167/2021: “device battery level, network disconnection, inhibition, etc.
tera”. It was about the "Issuance of signals of a purely technical communication nature"
between the devices as part of the verification protocol of their correct functioning.

performance or for the recording of a technical failure”.

          2) Registration of informative signals in relation to, among others, the version of the
system, model or category of installed device.


          3) Descriptive record of internal and technical procedures before a con-
creto”. He gives as examples in his writ of appeal against the TD/00167/2021: "times
waiting procedures before an event, collection and description of the event, process of
capturing and making available to the operators the images or sounds, modification
of internal parameters, transfer of the event to an operator, etc. He was referring to “Record

description of internal and technical procedures before a specific event”.


          4) Registration of technical signals in relation to the configurations of the devices.
sites that do not provide information about the interested party or their habits but simply
This is reflected in the calibrations of the Securitas systems for their correct operation.
to.


          5) Statistical information about the devices." He gives as examples in
his writ of appeal against TD/00167/2021: "number of photos captured, devices
activated, quality of device responses, number of disconnections, etc.).
It was referring to “Statistical information about the devices”.


In addition, it indicates:

-"these logs" could contain information on internal technical processes of the claim-
information whose disclosure to third parties could imply diffusion of trade secrets. Mencio-
For this purpose, recital 63 of the GDPR.


-The access to logs provided to the claimant excluded technical ones or those that affect third parties-
ros.
   C/ Jorge Juan, 6 www.aepd.es
   28001 – Madrid sedeagpd.gob.es 69/102







A copy of the aforementioned report was provided on 07/06/2022 in allegations to the initiation agreement
as document 1.


1) On 06/07/2021, the Director agreed to admit the procedure for processing
of “exercise of rights arts. 15 to 22”, TD/00167/2021 in which the defendant states
on 06/18/2021:

"In relation to the content of the" internal memory of the alarm installed in the home
of the claimant, it generated logs until 11/27/2021, 8:09 p.m., the time and date on which the

the intrusion into the home occurred during which said alarm system was completely
totally unused. According to the defendant, the system registered and sent capture signals
movement at 20:09 on 11/27/2015. As of that date, he could not generate more
logs of any kind. Therefore, in the time frame between 11/26 and 12/18/2015, the memorandum
Internal management could only generate logs on 11/26 and 27/2015, and there was only one generated log

within that time frame which was stated in the response given to the claimant the
02/23/2021. They provide document 1, which is the table with columns of the access that was
gave to the claimant on that date, which is marked in fluorescent green that
log:

“11/27/2015 20:09:47/HIGH PRIORITY CENTRAL/Code generated automatically and randomly
through the system for the security guard to deactivate the alarm”.

The claimant stated that he has not been given the data of the records contained
in memory from the new installation of 12/5/2015 that is included in the request

tion.
On 09/17/2021 the guardianship was resolved, agreeing to uphold the claim and

grants a term to address the right, the decision being appealed by the defendant
in replacement on 10/18/2021, resolving its dismissal on 10/27/2021, appearing
electronically notified to the defendant on 10/28/2021.

2) On 12/21/2021, the defendant submitted a document in which she stated that she had
sent a copy of access to the claimant, providing a written referral of 12/14/2021, in

which contains a copy of the documentation that has been sent to the claimant by burofax. He
The document includes the submission of the logs in "lines of code" format, which is
collects in the SD systems the records and signals sent by the
alarm. According to the defendant, it is the "literal transcription, in the format in which the
in the SD systems of the records and signals sent by the alarm equipment.“



The claimant submitted a document on 05/07/2022 in which he considers that compliance is still not being met
with what has been resolved since the defendant classifies the logs that are personal data of which
they are not, it is an unintelligible picture, the expression of imprecise descriptions, the letter
very small.




The table with "excel" sheets provided to the claimant, on 12/14/2021, contains
the logs in chronological order of date and time and there are a total of 19 informative columns
capable of containing definitions such as: "(...) of the signal", which would correspond to
the tables in annex II provided by the defendant in allegations to the initiation agreement,
where its meaning is described in an extended way, not provided to the claimant, .

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Fields such as description and a
more extensive description in “description (...)”, “event”, “event (...)” “Zone”,
“***COLUMN.3”, “***COLUMN.4”. “***COLUMN.1”, “time of (...)”, to name only
several with meanings and keys that were not given to the claimant.

In evidence, the defendant explained, for example, that the alphanumeric codes that

appear in the “SIGNAL” column, it is the message generated in the language itself
of the alarm system (machine language) that is translated into the information that appears
in the rest of the columns and essentially in the column of “***COLUMN.2 (...)”.
To understand the meaning of the code, you have to go to the field of this column. The system
sends messages that incorporate alphanumeric codes that are later translated
in the different columns of the log presented. The “SIGNAL” column collects the part

of the “raw” message from the system that is then translated into the rest of the columns.

To this end, the defendant explains that:

• The column “***COLUMN.2 (...)” is the translation of the system language event
so that the agent/operator understands what the message is about. This information is

complemented with the columns "***COLUMNA.1" and "***COLUMNA.2", which contain
complementary information so that the agent/operator can understand the event that
is received at the CRA.

It also appears in the personal logs provided to the claimant.


• The "ZONE" column identifies the alarm device in which the event occurs.
(eg (...), identifies a recording photosensor in programming position 2) and the
"AREA" column describes the corresponding area of the facility (eg, Home Salon)

• The column “***COLUMN.3” indicates the priority of the signal, being the values

lower priority ones.

• The column “***COLUMN.4”, contains the type of signal that represents the event (e.g.
INF is the code associated with “information”, which appears in ***COLUMN.2 (...),
SS is associated with “supervision”, as is also included in ***COLUMN.2 (...), CC is
associated with "coercion", SO is associated with "SOS", AAC is associated with "power outage", etc...).

In this way, these codes are directly linked to the information contained in the
column ***COLUMN.2 (...).”

In document 1 (REPORT of 01/29/2021, provided by the defendant in allegations),
ANNEX II offers a general analysis of the consideration as personal data of the
generic log lines that can be used in SD systems during the

development of its activity, without specific application to any interested party. The painting relates
the different “signal classes” to which the different types of logs are associated,
completed with "description", "extended description" explained by SD, "link with
the physical person" and "whether it is considered personal data or not,

However, there are 19 columns that contain keys and even descriptions.

unspecific as "information signal" that are not understandable without a
explanatory correlation.


   C/ Jorge Juan, 6 www.aepd.es
   28001 – Madrid sedeagpd.gob.es 71/102







3) In the security contract signed between the claimant and the respondent, it was stated that the
The alarm system contracted by the claimant had, among other things, photodetectors,
device that has an infrared movement sensor, a microcamera and

a flash, in case of intrusion, bypass the alarm triggered by the camera and send the notice and
the images captured to the Alarm Receiving Center (CRA), verification element
by audio, talk-listen, which is located inside the control panel and serves to
carry out audio and listening checks in the event of an alarm jump, it also serves to
talk to the customer through the switchboard or control panel


4) The basic maintenance included for the client: the remote checking services
the operation of all components (technical check according to current regulations),
updating the software and its components, with the sole purpose of providing the services
security trades.


10) In the contract, the defendant indicates that it has an image management file
and sounds that you can capture through your video surveillance systems when it occurs
an alarm jump in the homes of customers. It is added that "The CLIENT may only
have access to information on any incident or recording made as a result of
an alarm jump, sending a written request through the means that allow it in-

indicated in clause 20 of the general conditions, in which the identity of the
of the contract holder, accompanying a photocopy of their DNI, CIF, NIE or valid passport.
gor, as well as the date, time and place where the recording presumably took place”.

11) As part of the contract there is the "action plan" in which the definitions appear:


 -"CLIENT: Natural/legal person who signs the CONTRACT, who is the owner of the
 alarm system described in the aforementioned CONTRACT and that is the holder of the word
 master key. The CLIENT may in any case have the status of user "


 USER: Natural person to whom the CLIENT authorizes access to the property and the use of the
 alarm system, making available the means of connection and/or disconnection
 of the same.

 "CONTACT PERSONS: Natural person who may or may not coincide with the CLIENT
 of the contract and that it owns the master keyword.”


 - CLIENT MASTER Password: Identifies the CLIENT and the main contacts. Has to
 be provided by them when they contact SECURITAS DIRECT
 by phone. It allows and gives access to all kinds of procedures and modifications, whether
 administrative (contract, action plan, etc.), or operational (verification of jumps in

 alarm). So that you identifies itself to Securitas")

 - COACTION code: In the verification call before an alarm jump, it must be provided
 to SECURITAS DIRECT, by whoever is in the property in a situation of
 real danger to their physical and/or patrimonial integrity.


 There is also a “SECURITAS PASSWORD”, “for Securitas to identify itself to you.”

 They include:


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 -"contact list", four people identified by name and first surname,
 numbered, the claimant, client, with two telephones, the rest with one, all with keys.


 All four are listed in another “standard action plan” listing in the chart, ordered
 as "contact" from 1, the claimant, to 4.

 In the particular conditions, the claimant adds his email.

12) Asked the defendant in evidence about the way in which they identify themselves in the

logs, the different actions of possible users in their different roles that they can assume
mir: owner, authorized, contacts and in the different elements of the system, stated that
They are identified by the reproduction in the log of the interaction that may occur with
each of them, clarifying that the "users with access to the system" correspond to
with SD personnel who may receive a specific incident with the owner or those

designated contacts and, where appropriate, carry out the operations requested by them,
that give rise to logs that were considered as personal data of the claimant, to the
Proceed from an action urged by him or his authorized. There are other logs that respond
given to this premise as those between 12/05/2015 at 14:19:04 and
14:45:45, provided to the claimant, where ***USER.1 accesses the customer file
to manage and agree on maintenance with the client associated with the event that occurred on

11/26/2015.

If the Excel table of access provided to the claimant between 05/12/2015 is examined
at 14:19:04 and 14:45:45, it only shows “the operator views the low code words
demand”, “event (...)” and that accesses the client's file, without indicating which owner or contact

causes the request.

On 12/18/2015 at 20:08:18, as a result of a customer call to
SECURITAS DIRECT in the same sense, without mentioning which owner or contact causes the
petition. Appreciating that on that same day, there are logs provided to the claimant,

that respond to "APP service injected event, remote disconnection connections", without
that the cause of the request be correlated, outside the owner or one of the contacts
authorized.

13) In addition, through an application installed on the mobile phone, users or per-
Authorized contact persons can interact with the alarm system, being the telephone

mobile phone a means of communication for security personnel with the claimant to whom
They send SMS or emails. The defendant in evidence stated that "with the mobile device
can connect or disconnect the alarm system, and that said incident is recorded in
the internal memory of the device, although it is only transmitted to the CRA in case the ac-
situation responds to the existence of a security incident. In that case, it is

that is, when a security incident occurs (e.g. disconnection as a consequence of
of an alarm jump) and later the system is disconnected, the log is recorded
in the CRA identifying the user (key, command or code) that has carried out the action. Equal-
Mindfully, if the connection or disconnection is made from the App, the log is transmitted to the
CRA, reflecting that an action has taken place through an Iphone or An-

droid, but the phone number from which this action is performed is not reflected. Add
In this case, the records would be the following:



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   28001 – Madrid sedeagpd.gob.es 73/102







 • 12/06/2015 at 1:15:27 – Disconnection. (…) 00 - User: 07 Disconnection due to jump of
alarm at 1:15:04 (...). This log records a deactivation of the alarm system by
by means of a remote control following an alarm jump.


Regarding logs associated with interactions with the alarm system through the APP,
installed on the claimant's mobile, these would be the following:

Indicates the logs started on 12/06/2015 14:06:47 Status Request from iPhone to
21:06:08 with different requests from iPhone. In the access boxes

provided to the claimant, on said date and time it is not contained or inferred that the
request is correlated with the claimant or may be through any of the contacts
authorized. In such a way that in view of the Excel table -provided access-
does not know who the person is: owner or authorized contact who requests and arms the system or
the images.


14) The control panel, also called the alarm control console, is usually located
inside the house, is the one that receives the signals from the sensors, and where
activates (arms) or deactivates (disarms), so if it is not activated (armed), it does not recognize
It will generate the signals from the sensors. The home alarm device is connected
7/365 with the CRA. The defendant reported that the connection system and the CRA are carried out

carried out using a SIM card integrated into the control panel.

The defendant stated that the control panel of the alarm system stores records
others. In fact, it can store up to ***NUMBER.3 events, which are deleted over time.
cyclically, depending on the records that are generated and recorded

continually. As new records are generated and recorded, they are deleted automatically.
cyclically the oldest ones maintaining a temporal order of recording and deleting
always within the ***NUMBER.3 records it can hold.

15) The defendant stated in evidence on the question of the way in which they are generated and

store the logs of the operation of the alarm system, which the system generates and al-
stores in the control panel records derived from:

 -Customer interactions with the alarm system, for example: connection, disconnection.

 -Internal verifications of the system: example coverage (...), and


 -Activities of the alarm system in the performance of its function, for example, jump
alarm.

In addition, the defendant pointed out that the catalog of logs that can be generated by the

interaction of the installed system and the CRA is closed, not being possible the creation of
new logs different from those that the system generates. Some of these logs previously
configured, they will be generated as a consequence of the interaction of the system with a
activity carried out by an operator or authorized user of SECURITAS DIRECT, as well as
as well as by the owner of the system or the persons authorized by it.


The internal memory of the device is located on the motherboard of the control panel.
control. According to the defendant, said internal memory records events, among which are
distinguish:

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 28001 – Madrid sedeagpd.gob.es 74/102








(i) those that generate a log, a copy of which has been provided in the document.
Item No. 2 of those provided together with the pleadings to the Commencement agreement.

(logs as they leave the SD system, together, those that contain data and those that do not, for
chronological order).

(ii) and other merely technical events related to the interconnection produced
for sending the logs to the CRA of SECURITAS DIRECT (e.g. channel through which
sends the log, successful connection, acknowledgment, etc.). Since they only refer to

the referral and not to any type of specific action, they consider that they would not be part of what
requested by the claimant.

According to the defendant, in both cases, the destination of said records is the CRA, "although the
information mentioned in point (ii) as well as the logs that do not reflect a relevant event

related to the operation of the alarm do not communicate and remain in
the internal memory of the switchboard and are only accessible by SECURITAS personnel
DIRECT in the event of an event that requires the performance of a fo-
laugh.

In evidence, the defendant indicated that from the CRA, the operators have the capacity

to activate or deactivate the alarm only at the customer's request, within the framework of a
telephone interaction with him. This request is duly registered, through
its corresponding log. The assumption was given in the records provided to the claimant
on the day 12/18/2015.


16) The defendant maintains that the claimant's alarm device generated logs (re-
event records) until 20:09 on 11/27/2015, time and date on which the
the intrusion into the home and during which said alarm system was completely
useless mind. As of that date, that device could not generate any more logs.


17) In the records, there is a time jump in logs considered personal data that are
They gave the claimant between 11/27/2015 at 20:17 and 12/4/2015 at 11:05.

18) The first resumption log after 11/27/2015, (cataloged in green when considered
that contains personal data and delivered to the claimant is that of 12-4-2015, 11:05:04,
that the defendant explains that it is produced as a result of technical verifications

through an automatic system called GTI (it appears in the log itself) that is
in charge of carrying out various checks to know the technical state of the system,
proceeding to the opening of a maintenance when necessary. In this case,
an operator is in charge of calling the client to do a review with the client online
and if this is not possible, arrange a visit from a technician to verify the state of the system.


19) It can be seen that until this resumption, as well as in previous days, there are logs in
red color, no personal data, as of 11/28/2015.

20) On 12/05/2015, a new alarm device was placed at the claimant's home.

te, which replaced the destroyed one, being discharged from service on 12/23/2016.

21) Regarding whether it is possible that the logs overlap, the defendant indicated in
proves that "each log line is a unique time-stamped record, and can even

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there may be several in the same minute and second, as they are "machines" but this does not
it supposes an “overlay”, but rather the generation of several simultaneous logs.”


22) With the alarm on 11/27/2015, the defendant proceeded to the pertinent verification
confirmation of the same by attempting to access the system's speech/listening module. To the
not be possible, and disconnection was not received by the user, the mechanism was activated
of contact with the people and telephone numbers established in the document "PLAN OF
ACTION", informing "contact four" of what has happened up to that moment. Of is-
These facts are reflected in the logs with personal data provided to the claimant.



23) The defendant also has logs that it does not consider personal data generated
on 11/27/2015 at 20:09:47, as well as all those of the previous day, 26. The first log that was
generates the claimant as personal data is that of 11/27/2015 20:09:47. At the same time,
Two logs appear as non-personal data, in red, with different codes that
that appear in the claimant's log with a note: "intrusion seismic volumetric garage door-
panel coverage level and coverage, volumetric intrusion description radius, and the second “se-

informative signal”. There are also different red logs of the same 27 and all of the
28 to 12/4/2015, 1104:50. Between 28 and 12/4, except for 29, se-
according to the comment that appears test of Logs that report the loss of communication
with the device) up to 4, one per day.


The defendant stated that the logs of 11/27/2015, 20:09:47, begin by means of the
detection of a volumetric alarm alert at 20:09:47, generating a code
random (1155) that is generated with any alarm jump, so that if it is sent to a
watchman, he can disconnect it (in this case, it was not used to send any
vigilante, since it was determined that it was not necessary). From that moment on, there are

system verification logs for the transfer of information to an operator, who
From that moment, make the relevant calls to those who appear as contacts
designated in the contract by the claimant. These attempts are unsuccessful with respect to
the first three contacts, when the voicemail is sent, being able to carry out the
communication with the room of contacts which, however, does not provide the word that
allows establishing communication, concluding the processing of the alert on 11/27/2015

at 20:17:07 hours, last log of personal data that is recorded and
delivered to the claimant.

The defendant stated that "all actions related to the alarm and
contact attempts have been considered personal data and provided to the

claimant, not having such consideration the logs exclusively related to the
the way in which the SECURITAS DIRECT systems manage and channel the
actions to be carried out in these cases or those that refer exclusively to the operator
intervener. The justifying explanation of the consideration or not of the information as
personal data is contained in the report provided as Document No. 1 in the

allegations to the Commencement Agreement.“

The defendant indicated that the logs generated from the moment the jump occurred
alarm of 11/27/2015, 8:09 p.m., and once those related to the
attempts to communicate with the contacts designated by the Complainant, refer to
successive communication attempts between SECURITAS DIRECT and the system installed in

the Claimant's address, which were unsuccessful and being machine interactions to
technical machine.
 C/ Jorge Juan, 6 www.aepd.es
 28001 – Madrid sedeagpd.gob.es 76/102








Likewise, there are different logs related to alarm jumps later
deactivated on 12/5/2015 from 18:56:37, provided to the claimant by

considered to incorporate personal data related to it, given that it is
actions aimed at different tests on the operation of the installed system
in your home, carrying out different alarm tests (volumetric, seismic, for
duress or magnetic). There is also an alarm jump on 12/6/2015 at
01:15:04 hours, being able to check the logs generated by the system, and that concludes
with the communication with the owner that indicates at 01:17:22 hours that the jump of the

alarm may have been generated by the fireplace.

24) For the purpose of initiating the action protocol, the alarm signals are considered to be
received at the Alarm Receiving Center from the capture of the elements
intrusion detection, SOS button, anti-robbery button, and duress code

tion. In the contract there is a protocol in this regard that distinguishes if it jumps, "without disconnecting"
user connection", in which case SD verifies "by accessing the speech-listening module"
system tab and/or call to the landline of the property, provided that there is
the latter. If through these means:

 - An answer is obtained: the person will be identified with the keyword

teacher or contact If the keyword is correct, the user will be provided with the
precise technical instructions for you to disconnect the system.

 - If the keyword is not correct or no response is obtained: SECURITAS DIRECT
proceed to comply with the verification procedures provided for in the

current Private Security regulations as well as to use the complementary means
verification such as proceeding to the verification call to the CONTACTS
PRINCIPAL and/or OPERATORS established, and/or the Security Guard and/or F.C.S. Yeah
it was a confirmed real alarm. In any case, the decision to issue the notice
will correspond exclusively to SECURITAS DIRECT.


In the event that "user disconnection" occurs, it is the case in which the alarm goes off,
and in less than 20 seconds (since the alarm jump), an alarm signal is received.
disconnection in the CRA. In this case, "an announcement will be automatically issued
recorded through the speech listening module of the system, in which the client will be informed
of the signal received as well as the execution of the disconnection by the user or person

authorized and the cancellation of the incident”
"In the event that the disconnection signal is received in a time greater than the
indicated in the previous paragraph, SECURITAS DIRECT will proceed to verify the jump of
alarm by accessing the system's speech-listening module and/or calling the telephone
of the property, provided that the latter is available, to carry out the

verifications that it deems appropriate according to its diligence as a Company of
Security and that are adjusted to the applicable Private Security regulations.”

The one claimed in tests, to the question of Verification mode/s of the applicable alarm/
s in this case, and which logs are generated and indicate those with this description that appear in the

period requested by the claimant, responded that they can be classified as:

(i) those that are generated as a consequence of an interaction of the holder of the contra-
to or an authorized by the same with the alarm system;

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(ii) those derived from a human interaction produced from the CRA; and


(iii) those that are generated automatically, without human intervention of any kind.


It considers that "only the logs listed in points (i) and (ii) imply a
processing of personal data, and of these, only the one listed in point (i) supposes the
data processing of the claimant or the persons authorized by the claimant, in the
Document No. 1 (report of 01/29/2021, provided by the defendant in allegations)

provided by the defendant together with her pleadings, it was clarified that the
right of access by the interested party to their own data, only affected the
contained in the aforementioned point (i) and not to those related in points (ii) and (iii), which do not
incorporate personal data of the Claimant. “

Specifically, and with regard to all the logs contributed to the Agency, they would fit into

As described in this answer the following logs that represent verifications of
alarm:

 • Logs from 11/27/2015 from 20:09:47 to 20:17:07,
moment in which an action plan is contacted. These are 21 logs in which

description they are all related to the action of the CRA, with additions such as call,
communicating, skips voicemail, leaves message on voicemail, operator gets
talk to contact 4, wrong word, or other mentions to contact 1, 2, 3, call to
H/E, H/E audio is not sent to FCS and other keys in the various frames, which as already
mentioned are not understandable without an understandable key and explanation and

Brief of its meaning.

• Logs from 12/06/2015 from 01:15:04 to 01:17:40. In the
that several logs appear, "indicates that it may be the chimney", and in the same sense with
keys in the different tables, which are not understandable without a key and explanation
understandable and brief of its meaning.


The defendant reported in evidence that, in the case of the data period requested by the
complainant, there was no confirmed alarm notification record that was
notify the Police.


25) The defendant states that "the internal memory of the switchboard (Control Panel)
initially installed and destroyed in the events that occurred on 11/27/2015, not
incorporates, within the time period for which the right of access was exercised,
no log referring to (...) or des(...) of the alarm system, this being, and no other, the reason
for which the information provided to the Claimant does not incorporate any record of this

nature in relation to the disabled device.

Regarding the logs that were recorded in the internal memory of the system installed on the date
12/5/2015, the defendant indicates that she could not access the information at any time,
Therefore, it was not possible for him to provide it to the interested party. As for the reason, he points out that
the CRA, can only access the logs that are transmitted to it from the

internal memory of the device, but not those of a merely technical nature that are
generated in said internal memory, since SECURITAS DIRECT can only
access the content of said device in the event of a
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incident requiring forensic analysis. In this case, given that said incident had no
Instead, the device remained in the Claimant's home until the end of the
Contract, without at any time SECURITAS DIRECT being able to access said

internal memory nor was it necessary to carry out any forensic analysis of its
content, in the absence of an incident that required it. how can
verified, these answers do contain information referring to the period
mentioned in the question posed.

26) The defendant stated in evidence that after accessing the records contained in

the memory of the alarm, it has been verified that it was connected from the
day 11/22/2015 at 11:56 and that it did not present any anomaly.

27) Regarding access to personal data contained in the internal memory of the panel
of control, after the placement of the new one on 5/12/2015, do not appear in the access

provided from 12/14/2021 nor in the precedent of 02/23/2021.

28) In document 2 of allegations, -total logs- Excel table of all logs,
differentiated in red-considered as non-personal data by the defendant-, and
in green, considered as personal data by the defendant, figure yes:


With different keys of the "(...) of the event" distinguished in red those considered non-data
personal, example, there are two in red, from 11/27/2016 20:09:47, and another with the same date and
time, in green. The defendant stated that the logs refer to different events: the
first it involves the detection of an alarm jump detected by a volumetric sensor;
the second involves the generation of a deactivation code in case it is

necessary to go to the house once the corresponding verifications have been carried out, which
they also appear in the log table; and the third refers to coverage (...).” Add
that dates and times can also coincide in the logs that have personal data,
providing the example of 12/5/2015 18:38:10 in which there are five different, related
with on-site maintenance of alarm change.


29) The defendant reported in evidence that the periodic reviews of the fund system
operation of alarms provided for in article 43 of RD 2364/1994 approving
under the Private Security Regulations and article 5 of Order INT/316/2011, are
carried out from your CRA remotely, normally every three months. In addition, rea-
Conducts daily communication tests and correct transmission of the alarm system with the CRA

automatically. Give some examples from 5/12/2015 that are included in the
logs provided to the claimant and from 12/6/2015, 18:45:42, which is not considered a log of
Personal data of the claimant, appearing in red.

On-site reviews are recorded in the log of the management system of the

CRA alarms, since the technician must check a series of parameters of the
system and carrying out the various functional checks.

If remote reviews were carried out, these would be reflected in the event memory
of the alarm system.



On the other hand, maintenance tasks are corrective, aimed at resolving
specific incidents that do not allow the proper functioning of the system of the

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alarm, and are intended to rectify said incidents, and can be carried out
according to the nature or need, in person or remotely.


                          FUNDAMENTALS OF LAW

                                          Yo

In accordance with the powers that article 58.2 of Regulation (EU) 2016/679
(General Data Protection Regulation, hereinafter GDPR) recognizes each
Control Authority, and as established in articles 47, 48.1, 64.2 and 68.1 of the

LOPDGDD, is competent to initiate and resolve this procedure the Director of the
Spanish Data Protection Agency.

Likewise, article 63.2 of the LOPDGDD determines that: "The procedures
processed by the Spanish Data Protection Agency will be governed by the provisions
in Regulation (EU) 2016/679, in this organic law, by the provisions

regulations dictated in its development and, insofar as they do not contradict them, with character
subsidiary, by the general rules on administrative procedures."

                                         II

Article 4 of the GDPR, under the heading "Definitions", provides the following:


1) “personal data: any information about an identified natural person or
identifiable (“the data subject”); An identifiable natural person shall be considered any person
whose identity can be determined, directly or indirectly, in particular by means of a

identifier, such as a name, an identification number, data of
location, an online identifier or one or more elements of identity
physical, physiological, genetic, mental, economic, cultural or social of said person;”

"7) "responsible for the treatment" or "responsible": the natural or legal person, authority

public authority, service or other body that, alone or jointly with others, determines the purposes and
means of treatment; if the law of the Union or of the Member States determines
the purposes and means of the treatment, the person in charge of the treatment or the criteria
for their appointment may be established by the Law of the Union or of the
Member states"



In the present case, in accordance with the provisions of article 4.1 of the GDPR, the
processing of personal data, since SECURITAS DIRECT
carries out, among other treatments, the collection, conservation, consultation, use, access
of the personal data of the clients-users, such as: name, surname, email
electronics, credentials…, etc.

SECURITAS DIRECT carries out this activity in its capacity as the person responsible for the

treatment, since it is who determines the purposes and means of such activity, by virtue of the
article 4.7 of the GDPR.

This disciplinary procedure is initiated because the complaining party considers
that their right of access derived from TD/00167/2021 has not been met, alleging
that not all your personal data (logs) have been provided and that those that have been

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sent are unintelligible to you, in the terms established in the background of this
resolution proposal.

Thus, in this sanctioning procedure, it is a question of elucidating, through the instruction of the
itself and taking into account the allegations and documentation provided by the claimed party,

whether the right of access has been fully met, and how it has been carried out
carried out, in the terms established in the GDPR, and, therefore, if there has been an infringement
of the data protection regulations.


                                         II


As highlighted in the Statement of Motives of Law 5/2014, of 4/04, on Private Security
vada, security is one of the fundamental pillars of society, it is found in the
basis of freedom and equality and contributes to the full development of individuals. Bliss

law considers private security as an activity with its own entity, but at the same time
as an integral part of public security.

The activity of operating a security system through a CRA is that
exclusive, complementary service or activity of a commercial nature and prevention of
crime, subordinated to public security, developed and provided by companies of

Security approved by the Ministry of the Interior, subject to the regulations of
Private security, which use means, technical measures, protection elements,
regulated and approved, through electronic security systems against
risks of theft or intrusion with the functional characteristics described in the Standards
UNE for its commercialization, sale, installation in a private area demanding
Private security. This is materialized through the signing of a contract of

leasing of maintenance services and connection of said system to a Center
Control integrated in the Alarm Center also authorized, for the reception,
treatment, verification of alarm signals emitted by said security systems
installed, through the technical and human procedures provided for in the Order
316/2011 of 1/02 on the operation of alarm systems in the field of

private security, in such a way that its reality can be determined or not, and its
communication in case of being confirmed as real to the Police.
The purpose of this contract is the provision or material delivery by the Company of

Security of a Security System and its installation with a service purpose of
Alarm Receiving Center, and later the maintenance of the system in
proper functioning for the provision of contracted services at home
(home) of the contracting user.

Upon finding the installation of the device and security elements linked to the
maintenance of the same as a system or product that is linked to a service of

exploitation through an alarm receiving center, it is a contract of
service linked to the maintenance service of the installed system, dedicated
exclusively for reception of alarm signals emitted by the security system
installed and to the treatment of said signals for the determination of their real origin or
false by complying with established regulatory procedures.


The mentioned order of operation of the alarm systems establishes that the CRA
I carried out verifications through rules contained in technical procedures described
and complementarily human. After completing these formal requirements and
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materials required, said alarm signal confirmed by the CRA can be communicated
as real to the Police.

The judgment of the Provincial Court of Madrid, section 11, 98/2014, of 03/11/2014,
analyzes the nature of the security contract in its mode of provision of

central alarm services by a company dedicated to it, indicating in its
second legal basis:

“As this same Chamber already stated in its Judgment of June 30, 2011,

which refers to the one of April 29, 2010, which in turn refers to the one issued on
June 2007, citing the Judgment of the A.P. of Barcelona of December 30, 2004,
"...the contract signed by the parties is a service lease contract and not a
work, and this based on doctrinal criteria accepted in the jurisprudence of the Court
Supreme Court (S. 4.2.1950, among others), which are supported to establish the difference, in the

immediate object of the lease obligation, so that if the lease agrees to the
provision of a service or work of an activity itself, not the result that
that provision produces, which is the case at hand, the lease is of
service. And on the other hand, if the provision of a result is obligated, without considering the
work that creates it, the lease is work. Well, the obligation of the

defendant, appealed today, is an obligation of activity, and not of results.

It is evident that the purpose of the contract was to provide the commercial premises with
security measures aimed at preventing the commission of criminal acts and the
Defendant's fundamental obligation was to provide the services necessary for the
the installed security mechanisms work correctly.


Pursuant to the security services lease contract, the entity
defendant, undertook, not to avoid the possible commission of robberies in the farm, nor to
ensure in any case the restitution (in kind or in cash equivalent) of what
third parties could steal, but exclusively to respond as normal
operation of a security system, consisting of a burglar alarm with

telephone connection with the alarm center, making the detection by
sensors located at various points throughout the offices, so that the system
had to transmit -via telephone- a signal to the Alarm Center, which in turn had to
give notice of the possible crime to the security forces, so that they prevent their
consummation, therefore, had an essentially preventive and protective purpose, therefore,

as has been exposed, the object is in the activity, and in these terms, they are the only
possible to demand responsibility".

The sending and receiving of signals by the device and the CRA occurs in a home
particular, understanding as such, a suitable space to develop private life in it,
on which its inviolable nature will affect, as provided for by the EC in its article 18.2
infringement that can occur regardless of whether, at the time of the
entry, whether the holder of the right is inside or outside his domicile. In addition, there is
a close relationship between the inviolability of the home and the right to privacy

enshrined in art. 18.1, as STC 22/1984 rightly pointed out, "the inviolable domicile is
a space in which the individual lives without necessarily being subject to the uses and
social conventions and exercises his most intimate freedom".

The inviolability of the home therefore guarantees that intimate sphere of personal privacy and
family (within the limited space that the person himself chooses), in front of all kinds of

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invasions or attacks by other people or public authorities not consented to by
the right holder. The constitutional protection of the domicile thus has an institutional character.
instrumental.


                                          IV.


The defendant provided some details about the operation and components of a
alarm system.

Basically, a control panel is installed at home, which is usually accompanied by
an alarm kit (additional items such as motion detectors/camera and that
may allow viewing via a mobile device connected via a

installed application, together with other means such as remote control, sirens, reader of
keys, smart keys that allow the alarm to be disconnected simply by bringing the
key to reader, magnetic detectors etc.)

The control panel that is usually installed inside the home, in a place that is not
be very visible, it is connected to the CRA, where notifications and warnings arrive

like alarm jumps.

In turn, the CRA must carry out operations to verify and analyze the anomalies that
can occur, control of power outages, alarm triggering for different
Reasons to give some examples. At the same time, in remote mode, the ARC can
activate, configure and verify the functions of the alarm system, perform diagnostics of
connection, and control the alarm detectors.


The control panel allows to activate the system, arm, disarm the alarm, connects with the
additional elements such as sensors and receives signals from detectors
installed peripherals. For example:

-if a door contact or a movement sensor is activated, the panel will give the signal, if
the alarm is not deactivated with a valid user code, the system assumes that there is a
intrusion and will give an audible or light signal, at the same time as communicating with the CRA.


-If the panic, SOS or anti-robbery button is activated, it directly communicates with the CRA
It also allows bidirectional communication with the CRA via microphone and speaker.
integrated (listening speech module).

The CRA is in charge of analyzing and interpreting the alarm jumps, it is the headquarters of control of
alarm systems.

When the alarm jump is attended, the CRA has to analyze the information

thoroughly to determine what type of emergency it is or if it is a
false alarm.

In any case, the CRA will contact the owner or contacts
designated to inform you of what happened.

The communication between the control panel and the CRA can occur by various means and
method. In general, the communication between the alarm systems and the CRA, is

given through two different communication paths to allow communication
is continuous, even if one of the ways fails or is sabotaged.
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Bidirectional communication with the alarm system is allowed from the CRA,
being able to access the system through the software for remote control of the system, this
also regardless of whether the system has lost mains power

installation.

Systems in general, record the activity of authorized users (customer and
contact persons designated by him), as well as operators of the claimed,
including machine-to-machine operations generating access traces: -log in-,
origin, uptime, actions, and connections.

The information in these records is essential for preparing management reports and for

monitoring. Among the events that the different systems record, are for example
the start, end of session, access, modification of files and directories, change in the
main configurations, program launches, etc.

The activity records of the different systems and equipment are the data from the
which it is possible not only to detect performance failures or malfunctions, but
also detect errors and intrusions. With them, systems of

monitoring that properly configured can generate alerts in time
real. On the other hand, they facilitate forensic analysis for the diagnosis of the causes that
cause the incidents. Finally, they are necessary to verify compliance with
certain legal or contractual requirements during audits.

                                         V


Putting things this way, the claimed party considers that the "technical" or
"internal", are not personal data of the complaining party, not having, for
therefore, obligation to provide said data as part of the right of access
exercised by the latter.

The question excepted by the claimed regarding the data of
personal nature of those named by the defendant: “technical” or “internal” logs, which

are characterized, as he defends, by not referring to any person, specifically or
even the claimant and for not containing information about any person, or
even the claimant. Adding also that it considers them confidential, worthy
of the protection of business secrets.

It must be based on article 1 of the RGPD in which it is established as an object


"1. This Regulation establishes the rules relating to the protection of
natural persons with regard to the processing of personal data and the rules

relating to the free movement of such data.

2. This Regulation protects the fundamental rights and freedoms of
natural persons and, in particular, their right to the protection of personal data.

The exercise of the right of access is carried out both within the framework of the legislation in

data protection, in accordance with the objectives of the legislation in
data protection, such as, more specifically, in the framework of the "rights
and fundamental freedoms of natural persons” and, in particular, their right to “the
protection of personal data”, as established in article 1, paragraph 2, of the

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GDPR.

It is essential to understand that it is about determining how to apply the
provisions to certain situations in which individual rights are at stake

game for the processing of your personal data.
Article 8.1 of the Charter of Fundamental Rights of the European Union states: “1.
Everyone has the right to the protection of personal data that

concern.

Recital (26) indicates: "The principles of data protection must be applied to
all information relating to an identified or identifiable natural person. The data
pseudonymous personal data, which could be attributed to a natural person through the
use of additional information, should be considered information about a person

identifiable physics. In order to determine if a natural person is identifiable, the
into account all means, such as singling out, that you can reasonably use
the data controller or any other person to directly or
indirectly to the natural person. To determine whether there is a reasonable probability
that means are used to identify a natural person, must be taken into account

all objective factors, such as costs and time required for identification,
taking into account both the technology available at the time of treatment and the
technological advances. Therefore the principles of data protection should not
apply to anonymous information, that is, information that is not related to a
identified or identifiable natural person, nor to the data converted into anonymous of

so that the interested party is not identifiable, or ceases to be. Consequently, the
This Regulation does not affect the treatment of said anonymous information, including
for statistical or research purposes.”


Opinion 4/2007 of the Article 29 Working Group on the concept of data
personal, indicates that it is: all information about an identified physical person or
identifiable.



The definition reflects the intention of the legislator to maintain a broad concept of "data
personal", which requires a broad interpretation that includes all information that
can be linked to a person, or refer to an identifiable person, in order to
to protect the freedoms and fundamental rights of natural persons, among others,
particularly your right to privacy in regards to data processing
personal.


This breadth in terms of the extension of the term "personal data", such as the
diversity of fields in which it can be manifested, is confirmed in various
judgments of the CJUE, by way of example in that of 12/20/2017, case C-434/16, paragraphs
33 to 35:


“33. As the Court of Justice has already pointed out, the scope of application of the Directive
95/46 is very broad, and the personal data to which it refers are
heterogeneous (judgment of May 7, 2009, Rijkeboer, C-553/07, EU:C:2009:293,
paragraph 59 and cited jurisprudence).



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34 Indeed, the use of the expression "all information" in the definition of the
concept of "personal data", which appears in Article 2(a) of the Directive
95/46, evidences the objective of the Union legislator to attribute to this concept a
very broad meaning, which is not limited to confidential data or data related to the
privacy, but can cover all kinds of information, both objective and

subjective, in the form of opinions or appreciations, as long as they are "about" the person
in question.

35 This last requirement is met when, due to its content, purpose or effects,
the information is related to a specific person...” (The underlining is ours).


The doctrine elaborated by the CJEU regarding the breadth with which the
concept of personal data has been adapted, taking into account the various advances
technological. Thus, in the judgment of 11/24/2011, case C-70/10, in its
paragraph 51 considered that IP addresses are protected data of a personal nature, since
that make it possible to specifically identify such users. This criterion is maintained and

extends to the cases in which it is even dynamic IP addresses,
those temporarily assigned by network access providers to their
clients, considering that they continued to constitute personal data when the person in charge
to store them, in this case the owner of a website, did not have the data
necessary for the identification of the specific user, but that they were in
possession of a third party, picking up this criterion, again favorable to an interpretation

of the concept of personal data, in the STJUE of 10/19/2016, in case C-
582/14, Patrick Breyer and Bundesrepublik Deutschland, when asserting that IP is data
of a personal nature for the service provider: "article 2, letter a), of the
Directive 95/46 must be interpreted in the sense that a dynamic IP address
recorded by an online media service provider on the occasion of the query
by a person from an Internet site that that provider makes accessible to the public

constitutes personal data with respect to said provider, within the meaning of the aforementioned
provision, when he has the legal means that allow him to identify the
person concerned thanks to the additional information available to the service provider
Internet access of said person” (paragraph 49).

More recently, in its judgment of 06/17/2021 (Case C-597/19), analyzing a

load assumption, from the terminal equipment of a user of a network between peers (peer-
to-peer) and towards the equipment of other users of said network, of parts, previously
downloaded by the aforementioned user, from a multimedia file that contains a work
protected, even if those parts are only usable by themselves from a
certain download volume and in which it is the software itself that
automatically gives rise to the aforementioned charge, in its paragraph 97 it recalls that "With

preliminary nature, it is necessary to point out that in the main matter there are two
different personal data processing; namely, one that you already initially performed
Media Protector on behalf of Mircom, in the context of peer-to-peer networks.
peer ), consisting of registering the IP addresses of users whose peer connections
The Internet was supposedly used, at one point, to upload works

protected in the aforementioned networks, and another that, according to Mircom, should be carried out by Telenet
in a later phase, consisting, on the one hand, of identifying those users by comparing
the aforementioned IP addresses with which, at that very moment, Telenet had assigned
to the aforementioned users to carry out said charge and, on the other hand, to notify
Mircom the names and addresses of those same users”.

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In light of the broad scope of the definition of personal data, a restrictive assessment
of such a definition by the data controller would lead to a

misdetermination of what is personal data and, ultimately, to a
violation of the contents by the RGPD to the interested parties, among which is the
Right of access.


The AEPD, as part of its function of supervising the application of the legislation on
data protection, must interpret the exceptions to the application of the concept of
personal data such as the one defended by the defendant, since if her theory were validated

on a part the logs of the alarm system, perhaps they would be outside the scope of
application of the GDPR.

The aforementioned breadth in the definition of personal data is defined by:

-"all information", including all data that provides information,

whatever the class of this that is to have a broad interpretation, encompassing
subjective or objective information, including evaluations, diagnoses or opinions.

-“about” a natural person, thus relating any type of information about a
Physical person. Here it is essential to connect the purpose of the information with the

"on" whom it is treated and the effects it may have for that person.

-"identified" or "identifiable". Refers to any person whose identity can be determined,

directly or indirectly, in the sense that, to qualify data information
personal, it is not necessary that such information by itself allow the identification of the
interested. In this case, the information that makes it identifiable are the logs, which both
the so-called technicians by the defendant, such as those considered to be personal data
claimant's staff, appear in relation to a device, structured in a single and
unitary compact block set chronologically ordered to reflect the

events from the device referred to said claimant that is identifiable.

Opinion 4/2007 adds: "In cases where, at first sight, the identifiers
available do not make it possible to single out a specific person, this person can still be
"identifiable", because that information combined with other data (whether the

responsible for their treatment is aware of them as if not) will allow to distinguish
to that person from others”. In this case, not everyone can identify you, but the
Securitas personnel yes, and if there is someone who can do it, it would be enough,


-regardless of the content or nature of the origin of the information.


-As the defendant has already reproduced in his report of 01/29/2021, provided by the
claimed in allegations, regarding information "about" a person, the Opinion
4/2007, exemplifies its meaning with: "the data included in the personal file of a
person saved in the personnel department of your company, who are

clearly related to your status as an employee of said company. But not
It is always so obvious to establish that the information is "about" a person
concrete. On some occasions, the information provided by the data refers not to

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both people and objects. These objects usually belong to someone, or can
be under the influence of a person or their authorized, or exert an influence on
it or may have a certain physical or geographical proximity to persons or other

objects. In such cases, the information can only be considered indirectly
refers to those people or objects. A similar analysis can be applied when the data
refer in the first instance to processes or facts, such as the
operation of a machine when human intervention is necessary. Low
In certain circumstances, this information may also be considered information
"about" a person.


- "We are before a third category of «envelope» when there is an element of
"result". Despite the absence of an element of "content" or "purpose"

data can be considered to be "about" a particular person because,
taking into account all the circumstances surrounding the specific case, it is likely
that its use affects the rights and interests of a certain person. Enough with
that the person may be treated differently by other people as
consequence of the processing of such data.”



It should be noted that the scope of the concept of personal data and, therefore, the
differentiation between personal data and other data, would form an integral part of the
evaluation carried out by the data controller to determine the scope of the
data to which the interested party has the right to obtain access, elements that would be

to include in the “privacy by design” configuration. In this case, the
The defendant indicates that it was not until 2020, when it began to analyze the treatment of
the logs, of the alarm devices connected to the CRA, serving the report of
01/29/2021 also as a management tool, of the requests to exercise
rights.


In this case, it is the installation of an alarm, a device that controls
24 hours a day, every day of the year, the security of the
housing in a private address, which is implemented through a security contract and
that has a device installed in the claimant's home connected with elements
additional verification, and that, for its correct functioning, it also requires

maintenance and monitoring, and must be connected. From system settings
It is correlated that, from its use, interactions and alarm jumps, logs are generated that are
correspond unequivocally with personal data of identified persons,
identifiable and information about each other, those identified and those who
may be identifiable.


Focusing on the refusal of the defendant to classify as logs that are data from
of a personal nature, to the so-called technical logs, that is, because they do not collect information

about an interested party, nor does it pretend to know information, and their
rights and freedoms, it must be remembered that these logs that are discarded from the scope of
application of the GDPR, the claimed party classifies them into categories, which would consist of
briefly, in:

-technical communication signals between devices in order to verify the correct

operation or failure records.

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-gather information through informative signs,

-Internal records before a specific event.



It is observed in the report of 01/29/2021, provided by the defendant in allegations, in the
Table I, which appear as descriptions of this type of technical logs, and which are
would therefore find in one of the three categories explained above, assumptions
such as: "information on alarm jumps", "alarm jump on sensors", or

“periods in which there is a loss of connection between SD servers and the
device installed in the home of the interested party", the "cancellation of the incident",
“relevant signal that is transmitted to an operator to start the management process”,
”issuance of periodic technical signals to confirm that it is indeed
connection and willingness to carry out the activity”. All of them, according to the defendant, respond to

internal communication-verification protocols, without explaining how it considers that these
logs, both for their content and for their effects, does not estimate that they can affect the
rights and interests of the interested party or how he considers that they are not referred to him, if,
In addition, when extracting them from the system they appear grouped and related to the person in the
claimant and his home to use them for the purposes of security control of events and
correct functioning of the system, and that would constitute information that concerns you.



The consideration of personal data that "concerns" you should not be interpreted
way too restrictive. This is how Directives 1/2022 interpret it, on the

rights of the interested parties, right of access, version 1.0, adopted on 01/18/2022,
by the European Committee for Data Protection and that appears on its website, although in consultation
public from 01/28 to 03/11/2022. In its numeral 103, it indicates that "the classification of the
data such as personal data relating to the data subject does not depend on the fact that such
personal data also refer to another person. Therefore, it is possible that the
personal data refers to more than one person at the same time and in its numeral

104, that "The words "personal data concerning you" should not be interpreted
in an "overly restrictive" manner by data controllers, as already
declared the Working Group of Article 29 in relation to the right to portability of
the data. Transposed to the right of access, the CEPD considers, for example, that the
recordings of telephone conversations (and their transcription) between the interested party

included in the right of access, provided that the latter are data
personal”.

The aforementioned Directive 4/2007 establishes, as already mentioned, that: "in some
Sometimes, the information provided by the data refers not so much to people
like objects. These objects usually belong to someone or are under the influence of
a person or exert an influence on it”, and that in those cases, there is the

possibility that the information refers to those people, albeit indirectly.


Well, in the case that we are examining, all the logs, including those
generated and stored in which the owner-users do not intervene, is operated by
SD employees in processes in which the owner does not interact, be it in operations
internal techniques that reveal information about the effectiveness and operation, by
be the alarm installed in your home, linked to the contract for the provision of
subscribed services, establish a connection between the object (the alarm) and the affected,

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since the alarm is identified with a unique identifier (a numbering
specific for each alarm device) for that service that inevitably links
the interested party with the device and everything that is generated and recorded in relation to the

same. If we take any of the submitted logs in isolation, they would identify the
that person.

According to SAN 3091/2019, of July 23, 2019, "On the one hand, it is a
natural person, and therefore fully identifiable, who signs an installation contract and
maintenance of an alarm for the protection of your home with the company

actor security. Signature of the contract from which a series of
rights regarding custody and security of said home. On the other hand, and this
It is important to highlight it, the right of access is exercised with respect to records and
signals captured and sent by the alarm equipment installed in a private home,
being exercised precisely by the person who owns said domicile.”


Thus, in this case, with this link between the alarm and the interested party, through the
unique identifier that links the alarm to the contract and to the interested party, alarm system that
put into operation or programmed, generates information about that person, so
that all the logs discussed are considered personal data.


Apart from the fact that the information may relate directly to the claimant, for
be identified or be able to be identifiable as it is in active interactions or
passive, it is also identified indirectly because the information of the
logs, all, including the technicians, associated with the object or device, which would indicate that the
information will be about the claimant because they are affected by their right to

security of your own home and in your own home, affecting those logs.

Both the technical logs named after the defendant, as well as the rest, remain
stored and guarded by the defendant, document and contain information
directly or indirectly on the safe operation of your contracted system, is its object,

as regards the claimant or concerns him, at least. His interpretation does not
would be complete if it is considered to separate this information that the defendant calls
"technical logs" that he considers should not remain but stored in his possession, without
that have to be used as an instrument provided to the claimant for his knowledge.

In addition, all logs and event records, both the so-called

technical by the claimed party as well as those that are not, are included in the same
"raw" or "online" format, because they appear interrelated and conditioned, so
chronologically, with the difficulty of its understanding if not completely, and
advising their protection in terms of integrity in their security jointly.
It should not be forgotten that one of the functions of the logs can be to avoid the

modifications or their follow-up to know the events. On the other hand, for
For example, an access due to a security breach would obtain full information by
appear ordered according to a single purpose. On the other hand, that the software
used or its options configure the logs as "technical" cannot be used to
extend the total and automatic exclusion of the entire log, but exclusive and

exceptionally, of the data that, based on the descriptive or key qualities that
hold, have a substantial impact on the trade secret.

Consider, for example, the technical logs collected on the day of the intrusion and the

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subsequent days, which relate to internal operations for which the defendant can
deduce what happened, and the consequences drawn from the connection of the days
later, days of lack of connection, all of them affect the right of the claimant

because they are related to the right to security of their goods and property that the
tries to protect by permanent operation of the device and warranty
by signing a contract with obligations and rights for both parties.
In this way, only the defendant could understand what happened to the system
contracted by the claimant, when the technical logs, which are linked to the
person of the claimant, are also considered to affect directly or not the

claimant's rights. In addition, it must be added that in the face of the same events,
events that occurred at the same moments, such as alarm jumps, or
power cuts, that other type of logs are generated that the defendant considers must be
have a differentiated treatment for being technical.


In short, the processing of log data is for the purpose of executing the
security contract, resulting in one of its objects being the log record,
which are all related to home security. The relationship between the
system, signals and owner of the alarm system given the purpose of the treatment
of the logs and the object on which it falls is evident, since the technical logs that
identify the claimant also concern his right that he holds as owner and

responsible for the correct use of the contracted system, in front of which said
registration of events, fundamental means for the affected right of the claimant.

These log record data, which in this case the defendant denies are of a
personnel, defining them as technicians, grouped by responding to internal protocols of

communication-verification, registration of signals or internal procedures, can
actually be used for example also for forensic purposes in a case of
responsibility for the operation of the system of which the owner is the claimant.

Undoubtedly, the system with all its records is identified with the claimant,

affecting their rights and interests. It cannot be deduced that these data are not
information about an identified or identifiable person and also part of their
rights affected, such as the theft suffered, are related to the logs,
including those that the defendant considers technical and that actually identify the
claimant and directly affect their rights.


In conclusion:

1. The GDPR determines what personal data is in its article 4: “data
personal: any information about an identified or identifiable natural person ("the
interested"); An identifiable natural person shall be considered any person whose identity

can be determined, directly or indirectly, in particular by means of an identifier,
such as a name, an identification number, location data, a
online identifier or one or several elements of physical, physiological,
genetic, psychological, economic, cultural or social of said person;”


2. The complaining party has entered into a security contract with the complaining party. For
For this, an alarm device is installed at the home of the claimant.

3. The alarm device located in the claimant's home is identified with a

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unique and permanent identifier (a specific numbering for each device of
alarm) for that specific contract for the provision of services.


4. Through the alarm system, logs linked to the alarm device are generated
installed in the domicile of the complaining party, attached in turn to the contract signed by
the latter with Securitas Direct. The SAN 3091/2019, of July 23, 2019, defines the
logs as "records and signals captured and sent by the alarm equipment installed in
a private residence."


5. Each one of the logs without distinction inevitably links, therefore, the interested party with
the device, with everything that is generated and recorded in relation to it, and with the
signed contract. Each of the logs uniquely identifies the interested party.

6. In addition, all logs concern the interested party in relation to his rights, since

that the logs are connected to the security of the home, affecting the
claimant regarding his right to the safety of his home and security in his
own home.

7. The logs identify the claimant, as it is information about a natural person
identified.



Therefore, in this specific case and considering the context, and having examined all the
concurrent circumstances, the access content must include all logs
generated by the alarm system, including what the claimed party calls

as “technical” logs, as they are considered personal data under the terms of the
Article 4 of the GDPR, including those that have not been delivered because they are classified as
technicians for the claimant.


It is concluded, in this specific case, that all the logs are personal data,

including those called technicians by the defendant, who identify the claimant and
affect the claimant in one way or another, so they would enter into the right of access
that should be provided.

                                          SAW

Regarding the statement by the defendant that the "logs that do not imply treatment-
data processing”, that is, the “technical” logs, could contain information about procedures
internal technical data, whose disclosure to third parties would imply the assignment to third parties of your
"know how" or trade secrets, recital 63 of the GDPR states:


Interested parties must have the right to access the personal data collected that
concerned and to exercise that right with ease and at reasonable intervals, in order to

know and verify the legality of the treatment. This includes the right of data subjects to
access data related to health, for example the data of your medical records that
contain information such as diagnoses, test results, evaluations of
physicians and any treatments or interventions performed. all interested
must, therefore, have the right to know and to be communicated, in particular, the
purposes for which the personal data is processed, its processing period, its

recipients, the implicit logic in any automatic processing of personal data and, therefore,
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at least when it is based on profiling, the consequences of said
treatment. If possible, the data controller should be empowered to
provide remote access to a secure system that offers the interested party direct access to

your personal information. This right must not adversely affect the rights and
liberties of third parties, including trade secrets or intellectual property and, in
In particular, intellectual property rights that protect computer programs. No
However, these considerations must not result in a refusal to provide all
the information to the interested party. If you process a large amount of information relating to the
data subject, the data controller should be empowered to request that, before

If the information is provided, the interested party specifies the information or activities of
treatment referred to in the request.” (The underlining is ours).

Reference is made to the limits in terms of the modality of obtaining the right of access that
It is contained in article 15.3 and 4 of the GDPR, which indicates:


"3. The person responsible for the treatment will provide a copy of the personal data object of
treatment...

4. The right to obtain a copy mentioned in section 3 will not negatively affect
the rights and liberties of others.”

Thus, the right to obtain a copy regarding the right of access "must not infringe
the rights or freedoms of third parties, including business or proprietary secrecy
intellectual property, including copyright protection software. However, it
reiterates, these considerations should not lead to the denial of all information

to the interested party

Directive (EU) 2016/943 of the European Parliament and of the Council of 06/08/2016 on
to the protection of undisclosed know-how and business information
(trade secrets) against their unlawful collection, use and disclosure, which has been
transposed into our legal system by the Business Secrets Law 1/2019 of
02/20, indicates in its recitals 34 and 35:

“(34) This Directive respects fundamental rights and observes the principles
recognized, in particular, in the Charter, especially the right to respect for private life.

da and familiar, the right to the protection of personal data, the freedom of
expression and information, professional freedom and the right to work, freedom of
company, the right to property, the right to good administration, in particular
access to the files, while respecting the commercial secret, the de-
right to effective judicial protection and an impartial judge and the right to defense.

 (35) It is important that the right to respect for private and family life and to
the protection of personal data of any person whose personal data may

be processed by the holder of a trade secret when steps are taken for the
protection of trade secrets, or of any person involved in a legal proceeding related to
against the unlawful acquisition, use or disclosure of trade secrets, in accordance with
this Directive, and whose personal data are processed. Directive
95/46/CE of the European Parliament and of the Council regulates the processing of personal data

procedures carried out in the Member States in the context of this Directive and under
the supervision of the competent authorities of the Member States, in particular the
independent public authorities designated by them. Therefore, this Directive
should not affect the rights and obligations provided for in Directive 95/46/EC, in

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particular the rights of the interested party to access those of their personal data that
are subject to treatment and to obtain the rectification, deletion or blocking of the data
due to its incomplete or inaccurate nature and, where appropriate, the obligation to process the data

of a sensitive nature in accordance with article 8, paragraph 5, of the same Directive
goes."

A similar limitation to that provided for in article 15.4 of the GDPR applies to the right to

portability that is developed in article 20 of the GDPR, establishing its number 4 that
“The right mentioned in paragraph 1 shall not adversely affect the rights and
freedoms of others”. Bearing in mind that the right of access to the copy, such as the
right to data portability are among the components
fundamentals of the GDPR, the reasoning that for this
limitation indicated by Working Group 29 in the guidelines on the right to

data portability, adopted on 12/13/2016 determine that: "It can be understood,
although they are not directly related to portability, that mention includes
also "commercial secrets or intellectual property and, in particular, the rights
intellectual property rights that protect computer programs. However, although
These rights must be taken into consideration before responding to a request for

data portability, “these considerations should not result in the refusal
to provide all the information to the interested party”.
As a conclusion to the allegations of the defendant, considering the right of access

of the interested party and the rights of the claimed party, attention must be paid to the conciliation of
rights of both parties in accordance with paragraph 4 of article 15 of the GDPR in the
execution the execution of part of the content of the copy of the logs that make up the de-
right of access

In this way, the condition provided for in article 15.4 of the GDPR would be restricted not to the copy
of the logs, which are all the logs as it has been motivated, but to the part of the copy of
log data that may denote information affected by the trade secret in the terms

Minos that in the following foundation of law we will explain.

                                         VII


Any person enjoys, by virtue of article 15 of the GDPR, the right of access
to the personal data that concern you and are subject to treatment, which establishes:



"1. The interested party shall have the right to obtain confirmation from the data controller
of whether or not personal data concerning you are being processed and, in such a case, right
of access to personal data…”


"3. The person responsible for the treatment will provide a copy of the personal data object of
treatment. The person in charge may receive for any other copy requested by the
interested party a reasonable fee based on administrative costs. when the
The interested party submits the application by electronic means, and unless he requests that

otherwise provided, the information will be provided in a user-friendly electronic format.
common.

4. The right to obtain a copy mentioned in section 3 will not negatively affect

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the rights and liberties of others.”

The right of access called habeas data or "habeas scriptum" constitutes the core
essential of the right regulated in art.18.4 of the Constitution -STC 292/2000 and consists
in which the affected party can demand that the person in charge make a provision. The scope of the
right of access is determined by the scope of the concept of personal data
defined in article 4, paragraph 1, of the GDPR.

The right of access should not be considered in isolation, as it is closely

related to other provisions of the GDPR, in particular the principles of
data protection, including fairness and lawfulness of processing, the obligation to
transparency of the data controller and other rights of the interested parties
provided for in chapter III of the GDPR. Special importance in this procedure
Articles 5.1 b) to d), which recall:

1. Personal data will be:


b) collected for specific, explicit and legitimate purposes, and will not be processed
subsequently in a manner incompatible with said purposes; according to article 89,
section 1, the further processing of personal data for archiving purposes in the interest
public, scientific and historical research purposes or statistical purposes shall not be considered
incompatible with the initial purposes ("purpose limitation");

c) adequate, pertinent and limited to what is necessary in relation to the purposes for which

are processed ("data minimization");

d) accurate and, if necessary, up-to-date; all measures will be taken
Reasonable reasons to delete or rectify without delay the personal data that is
inaccurate with respect to the purposes for which they are processed ("accuracy");

The protection of the fundamental right to the respect of Data Protection of character
This implies, in particular, that any natural person can ensure that the data

information about you are accurate and used lawfully. The aforementioned right
of access may be essential, in particular, to enable the data subject to obtain, in
where appropriate, of the data controller, a rectification, deletion or the
blocking of such data and, consequently, exercise other rights that are related to
the purposes for which they were collected.

In this sense, although alluding to the then current Directive 95/46 of Parliament

European Union and of the Council, of 24/10/1995, regarding the protection of natural persons in
with regard to the processing of personal data and the free movement of such data,
The Court of Justice of the European Union ruled in the "Rijkeboer" case,
C/553/07, of 05/07/2009:

51“The aforementioned right of access is essential for the interested party to be able to exercise

the rights provided for in Article 12(b) and (c) of the Directive, namely,
In your case, when the treatment does not conform to the provisions of the same, obtain
of the data controller, rectification, deletion or blocking
of the data [letter b)], or that proceeds to notify the third parties to whom
communicated the data, any rectification, deletion or blocking carried out, if it is not
impossible or involves a disproportionate effort [letter c)].



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52 The right of access is also a necessary condition for the exercise by the
interested party of the right to oppose the processing of their personal data, contemplated
in Article 14 of the Directive, as it is for the right to appeal for damages

suffered, provided for in articles 22 and 23 of this.”

The general objective of the right of access is to provide individuals with information
sufficient, transparent and easily accessible information about the processing of your data
personal so that they can know and verify the legality of the treatment and the accuracy
of the processed data.

Unless expressly indicated otherwise, the request must be understood in the

sense that it refers to all personal data relating to the interested party.

"Thus, if full access is not given, the data subject must be informed of the reasons and

specific circumstances that allow knowing the reasons in case the claimant wishes to
take measures against that consideration", as indicated in point 172 of the
aforementioned Directives 1/2022. The data controller must search for personal data
in all computer systems and in non-computer files on the basis of
search criteria that reflect the way the information is structured.


In the event that the person in charge is going to apply exceptions or restrictions to the right of
access should carefully check which parts of the information the information refers to.
exception and provide all information that is not excluded by the exception. This

forecast would be part of the data processing from the design, having established
previously said aspect sufficiently developed, explicit and documented.

The communication of data and other complementary information about the treatment must
be provided in a concise, transparent, intelligible and easily accessible form, using a
clear and simple language. The more precise requirements in this regard depend on the
circumstances of data processing, as well as the ability of the interested party to

understand communication.

In this sense, in addition, the access provided on 02/23/2021 is not adequate, for
incomplete, it is not the original format, but a summary, with little information and
chronologically disordered in the content of the account of the events that appear
registered, limiting itself in an unordered way to the grouping of dates and

naming of logs, adding an own explanation that given the diversity and the
The nature of the situations that may arise does not even minimally satisfy the
content of the right of access.

Differs from the one provided on 12/14/2021 in that the latter is the original format
and containing all the features of the log. However, the claimed party has not included
all the logs, since what he calls “technical” logs are missing, also resulting in

that are incomprehensible in attention to the keys and abbreviations that appear in
document whose meaning is unknown.

Thus, and notwithstanding the foregoing, if the data consists of "codes" as in this
case, or other “raw data” from the service, must be explained to make sense to
the interested. No such explanation has been supplied in the disclosure provided on
12/14/2021.


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Access to personal data means access to actual personal data, not
only a general description of the data nor a mere reference to the categories of
personal data processed by the data controller.

Raw data could be explained as unanalyzed data underlying a

treatment. Raw data can exist at different levels, where the highest level is
data base can only be machine readable (as "bits"). It should be noted that the
Information provided to the interested party must always be in a format readable by the user.
human.

Because all the logs appear in a single block referring to the claiming device,

both the so-called technical logs and those that were considered personal data
by the claimed party, have for their complete understanding various columns with
various descriptors that need to be deciphered, the translation of the keys to
all logs.

When providing data in a raw format, it is important that the data controller
adopt the necessary measures to ensure that the data subject understands the data,
for example, by providing an explanatory document that translates the raw format into a format

easy to use slider. In addition, it could be explained in such a document what the
abbreviations and other acronyms.

Regarding the application of article 15.4 of the GDPR, reference is made to the condition as
to the modality of care of the right of access in order to reconcile the rights in
conflicts with the claimed party, given that it should not affect the right of access itself
as we have indicated previously.

It should be taken into account that the GDPR has established that the right of access includes
provide complete information.

The condition provided for in article 15.4 of the GDPR, would be restricted only to the delivery of a copy
to the party claiming the data that may be affected by the trade secret,

that is to say to part of its content. Thus, the claimant can receive the response of the exercise
use of the right of access in another modality that is not the copy, or even combining
several modalities if the circumstances require it, as in this case of rights that
They can converge in divergences of interests.

It follows that since the content of all the logs is completed with the keys,
table descriptions, comments, events, etc., the secret can be revealed

all the logs according to the thesis of the defendant. Security-sensitive content to the
When dealing with the circumstances that arise with the devices can affect both
log types.

There is a key for “(...) of the signal”, a description, and another somewhat broader one in the field.
type “***COLUMN.2 (...)”, “***COLUMN.1”, “event” etc common elements with the data
personal data, but it is not appreciated what would be such a trade secret, or "know how" in
awareness of the performance of events that could jeopardize safety.

of the measures of the claimed. In any case, this must be subject to interpretation.
restrictive. Thus, the risk to trade secrets, or more specifically, the risk that
log the way of acting of the complaining party is revealed, it must be sufficiently
shown case by case that it affects, or can affect. There may be times when a
only indicative of indications of such knowledge or it may be that even with several keys they do not

any secret is revealed.
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As a way of respecting the "know how" of the defendant, you can, exceptionally, if
If applicable, justify the reason why additional joint information complementary to
each log that forms the access table, or the joint keys of the same must not

be provided in copy mode. This is in relation to considering that if
certify that a specific way of acting in the face of an event that could
repercussions that the "know how" could be known unjustifiably.



In conclusion,

1. The complaining party has the right to access all the logs, which are their data
personal.


2. Two combined and complementary access modalities are established. and it in
attention to the consideration of the rights and interests concerned, taking into account
Consider also the right of the claimed party to trade secret.

3. A modality of access is the copy.

Taking into account the right of the claimed party to trade secret, in
virtue of art. 15.4 of the GDPR, the content of the copy containing all the

logs.

The limitation to the modality of the right of access to the copy, implies, in this case, not
provide the claimant with data on the content of the logs in those cases in which
may be affected by trade secret. The claimed party must justify such
affectation.

4. In the other modality, and complementary, to the previous one, the claimed party will have to

enable a form of access to all the personal data of the claimant, affected or
not for commercial secret, without prejudice to what is established for copying.

5. In both modes of access, personal data must be provided in
original format, understandable and intelligible, with complementary information for its
comprehension.

                                        VIII


From the analysis of the specific case examined and taking into account the circumstances
specific facts revealed throughout the administrative file, of what is
delivered to the claimant, of its content and scope, Securitas has provided under
of what was previously resolved by the AEPD, the "logs" raw, untreated, but having
previously filtering the "logs" and excluding the information that it considers to be not

personal data "since it is exclusively technical information" and abiding by
trade secret.

Likewise, of the logs that it considers contain personal data of the claimant
did not provide the indicatives and keys that would make it possible to fully know their
meaning.

It is considered that the claimed party has breached the resolution of the Spanish Agency

of Data Protection in relation to the measures imposed on it.
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The facts are considered to constitute an infringement, attributable to the claimed party,
for violation of article 58.2.c) of the GDPR, which provides the following:

"2. Each control authority will have all the following corrective powers
indicated below:


"c) order the person in charge or person in charge of the treatment to attend to the requests for
exercise of the rights of the interested party under this Regulation

This infringement is typified in article 83.6 of the GDPR, which stipulates the following:

"Failure to comply with the resolutions of the control authority under article 58,
section 2, will be penalized in accordance with section 2 of this article with fines
administrative costs of a maximum of EUR 20,000,000 or, in the case of a company, a

amount equivalent to a maximum of 4% of the total global annual turnover of the
previous financial year, opting for the one with the highest amount.”

That empowers the AEPD to proceed in accordance with the power granted by article 58.2

“i) impose an administrative fine in accordance with article 83, in addition to or instead of the
measures mentioned in this section, according to the circumstances of each case
particular;"

In this case, it proceeds due to the lack of attention to comply with its terms, scope and

content the essential content of the right of access, and for the impediment that
deprive of the data that is the object of treatment, an administrative fine.

Article 71 of the LOPDGDD indicates:

"Infractions are the acts and conducts referred to in sections 4, 5 and
6 of article 83 of Regulation (EU) 2016/679, as well as those that are contrary to
the present organic law.”


For the purposes of the limitation period for infringements, the alleged infringement prescribes
three years, in accordance with article 72.1 of the LOPDGDD, states:

"1. Based on what is established in article 83.5 of Regulation (EU) 2016/679,
are considered very serious and will prescribe after three years the infractions that suppose a
substantial violation of the articles mentioned therein and, in particular, the
following:”


"m) Failure to comply with the resolutions issued by the authority for the protection of
competent data in exercise of the powers conferred by article 58.2 of the
Regulation (EU) 2016/679.”

                                          IX

The fine imposed must be, in each individual case, effective, proportionate and

dissuasive, in accordance with the provisions of article 83.1 of the GDPR. Consequently, it
must graduate the sanction to be imposed in accordance with the criteria established by the
Article 83.2 of the GDPR, and with the provisions of Article 76 of the LOPDGDD, regarding the
section k) of the aforementioned article 83.2 of the GDPR.


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The following circumstances are taken into consideration:

-Article 83.2.a) "the nature, seriousness and duration of the infringement, taking into account
the nature, scope or purpose of the processing operation in question
such as the number of interested parties affected and the level of damages that have

suffered;”

On the occasions that access was provided, the first two with the same content,
and a third after the resolution of the procedure for the exercise of rights was
incomplete, not partial, since neither all of its content is reflected nor is its content provided.
comprehension. These are data processing operations, in a matter such as

related to home security. Such elements would operate as
aggravating factors. Failure to comply with the obligation to attend to the right cannot have the
same consequences depending on the duration, persistence of the negative reasons or
repeated responses, accrediting in this case a greater seriousness that qualifies the
sanctioning response.

-Article 83.2.b) of the GDPR, "intentionality or negligence in the infringement" that is

states that on 09/17/2021 the procedure on the exercise of rights was resolved,
TD/00167/2021, although appealed in replacement, on 10/27/2021 confirms the resolution of the
TD, notified the day after the claim. There is no record that he complied with the attention of the
right within the term granted in the resolution, which exceeds widely, and which
only after the claimant makes the mandatory declaration of not having received anything at the
In this regard, the AEPD had to contact the defendant who, only then, agreed to

send you the last letter of 12/14/2021, which continues without satisfying the content of the
right. The action denotes a clear negligence in the fulfillment of the duty that
corresponds.

The defendant states that she acts diligently when hiring an entity to study
the logs in their relationship with personal data in order to meet the request of the

claimant

Regarding this statement, it seems to contradict another that the defendant pointed out in
allegations to the same initiation agreement, that the contracting of the legal service that was
embodied in the report of document 1, it was done mainly for the purpose of compliance
normative that foresees assessing what data is being processed. Being the logs common data
to all products derived from an alarm, which manages the claimed, from the

entry into force of the GDPR should have implemented the treatment from the design
that has been mentioned in the resolution, in order for the person in charge to put into
technical and organizational measures to implement the principles and
safeguards of individual rights. In essence, this means that you must integrate the
data protection in its processing activities and commercial practices, from the

design stage and throughout the life cycle. Helps make sure you meet
fundamental principles and requirements of the GDPR, and is part of the approach of
responsibility. This supposed diligence is neither more nor less than the fulfillment that
the regulations establish.

-Article 76.2 b) of the LOPDGDD: "The link between the offender's activity and the
processing of personal data”. The defendant has products

What offer for those who are essential their usual management of data processing that
they appear listed in contracts next to their devices.

 C/ Jorge Juan, 6 www.aepd.es
 28001 – Madrid sedeagpd.gob.es 100/102







Regarding the allegations with which the defendant intends to mitigate the penalty for
state that he attended, although partially the right, on three occasions, it must be
indicate that the access of 02/23/2021, reproduced on 05/18/2021 are mere accesses

repeated formals, own elaborations with a log description with explanation
generic, attention that is incomplete, not partial. Not only is it not from the original, it's a
elaboration of the claimed, it lacks the keys for its understanding and the description of
the events, but also does not include the logs that the defendant calls
improperly “technical”. In addition, deducing that it has been a partial compliance,
tries to tie the consequence that access is a minor non-compliance to the

effects of the prescription of article 74.c) of the LOPDGD. On the contrary, the offense
in such a way, both as a result of accesses with the same content, as the one that has
place with the one provided on 12/14/2021, it must be qualified as substantial, ruling out its
even formal character, at least "merely formal", having an impact on the fact that it had no
nor has he had access to all the information and the repercussions it has for the affected party.

Regarding the alleged good faith, "it has been complied with up to three times", it is considered

that it is not important the times in which compliance is given, because with one it would be
sufficient, estimating that the occasions in which it has been provided have been with
incomplete content, not partial as claimed. On the other hand, good faith does not
certifies the absence of guilt and illegality.

It is considered that based on the aforementioned factors, due to the infringement of article

58.2 of the GDPR, it is agreed to impose a fine of 50,000 euros.

                                          x


As corrective power, it corresponds to this AEPD: "order the person in charge or in charge
of the treatment that meet the requests for the exercise of the rights of the interested party in
under this Regulation”. (Article 58.2.c) of the GDPR)

The defendant must complete the requested access, providing all the logs it has
excepted to date, including all the logs contained by
chronological order in document 2 of the table provided in the allegations to the agreement
beginning, which were marked in red, in which they complement each other and succeed each other.
logically the device registers.


The information must contain the keys that allow clarifying the aforementioned table and its
sections that make the data tables understandable in line format or in
gross as obtained by the defendant.

The specificities of the foundation of law VI and VII will be taken into account as
mode of compliance with the measure imposed.

The imposition of this measure is compatible with the sanction consisting of a fine

administration, according to the provisions of art. 83.2 of the GDPR.

It is noted that not meeting the requirements of this body may be
considered as an administrative offense in accordance with the provisions of the GDPR,
classified as an infraction in its article 83.5 and 83.6, being able to motivate such conduct the
opening of a subsequent administrative sanctioning procedure.



 C/ Jorge Juan, 6 www.aepd.es
 28001 – Madrid sedeagpd.gob.es 101/102







Therefore, in accordance with the applicable legislation and assessed the criteria of
graduation of sanctions whose existence has been accredited,


the Director of the Spanish Data Protection Agency RESOLVES:

FIRST: IMPOSE SECURITAS DIRECT ESPAÑA, S.A., with NIF A26106013, for
an infringement of article 58.2 c) of the GDPR, typified in article 83.6 of the aforementioned
GDPR, and qualified, for the purposes of prescription as serious in article 72.m) of the
LOPDGDD, an administrative sanction of 50,000 euros.


SECOND: Pursuant to article 58.2.c) of the GDPR, which authorizes to “order the
person in charge or person in charge of the treatment that attends to the requests for the exercise of the
rights of the interested party under this Regulation;” you are required to in the
within fifteen days attends to the right that is the subject of this claim in the manner indicated.


Failure to comply with the provisions could lead to the exercise of the power
sanctioning in accordance with the provisions of article 83.6 of the GDPR.

THIRD: NOTIFY this resolution to SECURITAS DIRECT ESPAÑA, S.A.


FOURTH: Warn the penalized person that they must make the imposed sanction effective once
that this resolution be enforceable, in accordance with the provisions of art.
98.1.b) of the LPACAP within the voluntary payment period established in art. 68 of the
General Collection Regulations, approved by Royal Decree 939/2005, of 07/29, in
relation to art. 62 of Law 58/2003, of 12/17, by entering it, indicating the NIF

of the sanctioned party and the number of the procedure that appears in the heading of this
document, in the restricted account IBAN number: ES00-0000-0000-0000-0000-0000, open
in the name of the Spanish Data Protection Agency in the bank
CAIXABANK, S.A. Otherwise, it will be collected in the period
executive.


Once the notification has been received and once executed, if the execution date is between
on the 1st and 15th of each month, both inclusive, the period for making the voluntary payment
It will be until the 20th day of the following or immediately following business month, and if it is between
on the 16th and last day of each month, both inclusive, the payment period will be until the 5th of
second following or immediately following business month.


Against this resolution, which puts an end to the administrative process in accordance with art. 48.6 of the
LOPDGDD, and in accordance with the provisions of article 123 of the LPACAP, the
Interested parties may optionally file an appeal for replacement before the Director
of the Spanish Agency for Data Protection within a period of one month from the

day following the notification of this resolution or directly contentious appeal
before the Contentious-Administrative Chamber of the National Court,
in accordance with the provisions of article 25 and section 5 of the additional provision
fourth of Law 29/1998, of 13707, regulating the Contentious Jurisdiction-
administration, within a period of two months from the day following the notification

of this act, as provided in article 46.1 of the aforementioned Law.

Finally, it is noted that in accordance with the provisions of art. 90.3 a) of the LPACAP,
may provisionally suspend the firm resolution in administrative proceedings if the interested party

 C/ Jorge Juan, 6 www.aepd.es
 28001 – Madrid sedeagpd.gob.es 102/102








expresses its intention to file a contentious-administrative appeal. If this is the one
case, the interested party must formally communicate this fact by writing to
the Spanish Data Protection Agency, presenting it through the Registry

Email from the Agency [https://sedeagpd.gob.es/sede-electronica-web/], or through
any of the other records provided for in art. 16.4 of the aforementioned LPCAP. Also
must transfer to the Agency the documentation that proves the effective filing of the
Sponsored links. If the Agency were not aware of the

filing of the contentious-administrative appeal within a period of two months from the
day following the notification of this resolution, would terminate the suspension
precautionary



                                                                                938-181022
Mar Spain Marti
Director of the Spanish Data Protection Agency














































 C/ Jorge Juan, 6 www.aepd.es
 28001 – Madrid sedeagpd.gob.es
@@ Line 28: / Line 28: @@
 |Currency=EUR
-|GDPR_Article_1=Article 1 GDPR
+|GDPR_Article_1=4(1)GDPR
-|GDPR_Article_Link_1=Article 1 GDPR
+|GDPR_Article_Link_1=Article 4 GDPR#1
-|GDPR_Article_2=Article 4(1) GDPR
+|GDPR_Article_2=Article 58(2)(c) GDPR
-|GDPR_Article_Link_2=Article 4 GDPR#1
+|GDPR_Article_Link_2=Article 58 GDPR#2c
-|GDPR_Article_3=Article 4(7) GDPR
+|GDPR_Article_3=Article 15 GDPR
-|GDPR_Article_Link_3=Article 4 GDPR#7
+|GDPR_Article_Link_3=Article 15
-|GDPR_Article_4=Article 5(1) GDPR
-|GDPR_Article_Link_4=Article 5 GDPR#1
-|GDPR_Article_5=Article 15(3) GDPR
-|GDPR_Article_Link_5=Article 15 GDPR#3
-|GDPR_Article_6=Article 15(4) GDPR
-|GDPR_Article_Link_6=Article 15 GDPR#4
-|GDPR_Article_7=Article 58(2)(c) GDPR
-|GDPR_Article_Link_7=Article 58 GDPR#2c
-|GDPR_Article_8=Article 83(1) GDPR
-|GDPR_Article_Link_8=Article 83 GDPR#1
-|GDPR_Article_9=Article 83(2) GDPR
-|GDPR_Article_Link_9=Article 83 GDPR#2
-|GDPR_Article_10=Article 83(5) GDPR
-|GDPR_Article_Link_10=Article 83 GDPR#5
-|GDPR_Article_11=Article 83(6) GDPR
-|GDPR_Article_Link_11=Article 83 GDPR#6
-|GDPR_Article_12=
-|GDPR_Article_Link_12=
-|GDPR_Article_13=
-|GDPR_Article_Link_13=
 |EU_Law_Name_1=Article 8(1) European Charter of Human Rights
@@ Line 99: / Line 80: @@
 }}
-Spanish DPA (AEPD) held that logging information of a security instrument connected to a specific individual is personal data and part of the right to access, even if it is technical data.
+After acknowledging that technical log generated by a security device installed in the data subject's house is personal data, the Spanish DPA fined a security company for failing to comply with an order to provide this information to the data subject and imposed a fine of €50,000.
 == English Summary ==
 === Facts ===
-The data subject had contracted the controller to install security device in their house. It turns out that the house was robbed and the security device destroyed, without them ever having been notified. For this reason, the data subject made an access request to the controller, asking for their personal data. However, the controller denied the request.
+The data subject had contracted the controller to install security device in their house. This device was equipped with motion detectors/camera that allowed monitoring of the location through a mobile application, along with other features such as remote control, sirens, key reader, smart keys, etc. It turns out that the house was robbed and the security device destroyed, without them ever having been notified. For this reason, the data subject made an access request to the controller, asking for their personal data. However, the controller denied the request.
-The data subject filed a complaint with the Spanish DPA, which confirmed that the controller had to facilitate their access to the data. After this decision, the controller provided a file with some of the requested data, but the data subject considered that the information was incomplete and incomprehensible and filed a new complaint. According to the data subject, the information data did not include, for instance, the images captured by the device on the date of the invasion of their house. On the other hand, the controller claimed that technical logs do not constitute personal data and, therefore, are not covered by the right of access.
+The data subject filed a complaint with the Spanish DPA, which confirmed that the controller had to facilitate their access to the data and oredered it to to comply with the request pursuant to [[Article 58 GDPR#2c|Article 58(2)(c)]]. After this decision, the controller provided a file with some of the requested data, but the data subject considered that the information was incomplete and incomprehensible and filed a new complaint. According to the data subject, the data did not include, for instance, the images captured by the device on the date of the invasion of their house. On the other hand, the controller claimed that technical logs do not constitute personal data and, therefore, are not covered by the right of access.
 === Holding ===
-The DPA highlighted the new Guideline 01/2022 from the EDPB about the right to access, reaffirming that personal data can be related to more than one subject. Considering that the requested data is fully connected to instruments that identify the data subject, all the logging information should be considered personal data and part of the right to access.
+The DPA highlighted that the definition of personal data provided for by [[Article 4 GDPR#1|Article 4(1) GDPR]] should not be interpreted in a restrictive manner. In the present case, it considered that all technical logs generated by the device, including those exclusively operated by employees of the controller to monitor the functioning of the device, constitute data related to the data subject. According to the DPA, the device was installed at the data subject's house, based on a contract signed by them, and contained a unique numerical identifier, which allowed the identification of the data subject. As a result, the DPA stated that all data generated by the device is personal and is covered by the right of access provided for by [[Article 15 GDPR]].
+Given that the controller failed to comply with the previous order to grant the data subject full access to their data, the DPA found a violation of [[Article 58 GDPR#2c|Article 58(2)(c) GDPR]] and issued a fine of €50,000.
 == Comment ==