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The councilors' access to personal data included in the Municipal Register of Inhabitants may be enabled when, taking into account the specific purposes of the Register, access is necessary and provided for the development of the control functions of the activities of the municipal corporation, or other functions that may be attributed to the councilor, in the terms provided for in the LRBRL. It is not justified for the councilor to access the municipal register of inhabitants to configure the electoral program of the municipal group in relation to the tax ordinances, to perform the relevant calculations, identifying the people who are registered there.

The municipal policy for the use of digital information systems and devices must cover clear rules on the management to be made of the personalised corporate email account, and on the access to the information contained in it, both for the purpose of ceasing the employment relationship and in the event of temporary absence of the worker. It must also include specific provisions regarding the proper use of information systems by its staff and the control that the City Council can make of them to ensure their safety and good functioning. With regard to requests for access to and copying of e-mails by ex-workers, the observations made in this opinion must be taken into account.

The recording of the conversation with the doctors of the ICAM, for the person subjected to medical inspection and/or its escorts, constitutes a data processing personal (art. 3 c) LOPD), that he will have to undergo the principles and duties to the regulations of data protection. The recording of the conversation in question can require, normally, the previous consent of the doctor. If the consent is not conceded, and there is not another juridical basis that can fit out the treatment, in principle this will not be legitimate, even though it cannot be discarded that in some suppositions a legitimate interest coincides that could fit out the treatment, the fulfillment of the principles and duties regrets necessary, in this case, that it imposes the regulations of data protection.

The examined manual establishes a series of rules and recommendations about the correct functioning of the tools of work put at the disposal of the workers of the public administration, informs for them about the mechanisms of control that this can make in relation to this use, as well as of the consequences of an undue use of these tools, for which he considers itself, in general terms, in agreement with the regulations of data protection.

The information about the utilization of the computer resources that a Town Council gives to its workers through a Manual of Good Practices has to be clear and understandable, so many regarding the utilization of these tools on the part of the workers as well as so that these know the control that can make the Town Council about its systems of information.

From the aspect of the protection of data of personal character, the use of a community mailbox in a building of houses to receive the correspondence when the door of access to the building keeps closed could be considered in agreement with the regulations of data protection in so far as he counted out with the free, unambiguous, specific consent and informed of the titular persons of these data or, in its fault, with a law or rule with rank of law, without harm of the forecasts of other sectorial regulations applicable, especially, the regulations regulatory of the provision of the service postal universal, according to which its use would only be possible if the mailbox gathered determinate conditions or had the authorization of the competent authority.

Access to the electronic mail account of a deceased lawyer lodged in the server of a professional School, where data subjected to professional secrecy can figure. To lack of any forecast about the fate of the data, is recommended that the persons implicated, unanimously, or the same professional School, office and the rest of the information designate a person, subjected to the professional secrecy and under a commitment to confidentiality, so that it sorts out the information that is part from the professional activity of the deceased, who should be given to the partners that it has to be given to the heirs. Case that this is not possible, the remittent persons is recommended to return the Post Office received from the last access to the electronic mail account.

The fulfillment of the principles and duties to the LOPD, especially the regime applicable to the sensitive data, has to govern the management and the procedure of the particulars on the part of the OAC, independently of whom the physical person is addressee. The OAC having access is legitimate to the data that identify the emitter and the addressee of a document or writing, as well as to the particulars included in the documentation, in order to proceed to its register and procedure, in the terms of Law 30/1992. However, the Judgement makes nuances with respect to the mail that could qualify itself as "private", especially regarding the writings addressed to the mayor, to the town councilors or to the municipal groups. Among others, the consistent option in which the OAC does not open the mayor or the town councilors the addressed mail, leaves it in the corresponding mailbox and the addressee is the one that, in case the document has relation with municipal performances of competence, sends it to the OAC for its register, it adapts to the regulations of protection of particulars. These considerations can be extensible in the mail addressed to the municipal Groups.

He consults itself about the contents of an Instruction of a Town Council, about the use of systems and information technologies and the communication on the part of the staff of the Town Council. The data of the workers undergo the protection of the LOPD. The forecast related to the property of the information contained policewomen to the systems of information has to be interpreted taking into account, especially, the principle of consent and the exercise, of rights I ARCO. The maintenance and check of the good use of the tools of work, have to be for guaranteeing the normal functioning of the system. The control about these tools, has to respect the applicable normative frame and the jurisprudence. The maintenance of determinate traces that entail data processing personal entails the creation of the corresponding file.