Privacidad y seguridad en el binomio territorios/administraciones inteligentes. Trazabilidad a través de la contratación pública

Abstract

Connected to the deployment of Smart Territories, the purchase and deployment of «Digital Enabling Technologies» by means of innovative public procurement poses different risks for privacy and security which can be traced through a comprehensive analysis of procurement procedures and their corresponding administrative documents. To that end, it will be examined privacy and security clauses of procurement documents in relation to the amendments operated by the Royal Legislative Decree 14/2019 within the public procurement framework, in order to ensure that bidders, contractors and sub-contractors fully comply with the European data protection legal framework throughout the whole life-cycle of public procurement. Some of the privacy and security risks identified are related to the effect of transitional provisions, the necessity of ex ante and ex post PIAs connected to the procurement procedure or how the complexity of some data processing specifically designed in the context of Pre-commercial Procurements may qualified the contractor as a joint controller.