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41 results were found for your search terms Legal obligation
Referral of particular instances to another Administration.
PS 14/2023
A City Council is reprimanded as being responsible for an infraction due to violation of the principle of legality, for having sent to an inspector of the Generalitat-Mossos d'Esquadra police force two instances with personal data without legal basis, specifically, before the opening of confidential information against the reporting agent, and without there being a real danger to public safety or the investigation and prosecution of a crime.
27/07/2023
- SECTORIAL AREA
- Criminal court
- Police
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Law enforcement authorities
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- PRINCIPLES
- Lawfulness principle
- In the public interest or in the exercise of official authority
- Legal obligation
Access to information on the provision of drinking water supply service
CNS 8/2023
In this case, for the information available, access by the applicant to a copy of the users' register of the drinking water supply service in a town planning, supply contracts and receipts liquidated between May 2022 and February 2023 cannot be considered as justified, nor can it be considered to be the personal data that may appear in the accounting register system established during the replacement in the provision of this service. However, there would be no problem, if necessary, in providing him with economic information, broken down and aggregated on the cost arising from the provision of the service, in the terms indicated in the opinion.
11/04/2023
Identification of positive persons by Covid-19.
IP 501/2021
The FCF made available to football sports clubs a form through which clubs had to identify members with a federal license who were positive of Covid-19 and the federated persons with whom they had been close contact. They also had to report the start date of symptoms and their vaccination state. In this regard, the FCF has argued that the collection of data was carried out in compliance with the Action Plan for Sports Deconfinement of the Government of Catalonia, within which the FCF drew up its Protocol to minimize COVID-19 infections. That being the case, it should be noted that Resolution SLT/3652/2021 of 7 December, which was in force at the time of the reported facts, referred to the content of the action plan for sports deconfinement in anything that did not contradict it. In relation to the above, it must be made on the basis that, knowing which people were positive from COVID-19, the date of symptom presentation, and their vaccination state, was information necessary for the adoption of decisions relating to the organisation of the sports competition. In the light of the above, it should be concluded that the reported processing was disabled by Article 6.1c) GDPR, with the exceptions provided for in Article 9.2g) and i), in connection with the current public health regulations and the prevention of COVID-19 infection.
16/03/2023
Access to a worker's HC3 to check COVID vaccination status.
IP 332/2021
A person, who has requested leave as a nurse at the Terrassa Mutual Hospital, reports two accesses to his HC once he requested leave. It is not proven that these are improper accesses. The organization justifies the access by saying that according to the Department of Health of the Generalitat, it could access to check the vaccination status of its workers.
16/03/2023
Access to pay information for public company staff
CNS 4/2023
In view of the rules governing Equality Plans in companies, it can be said that the members of the Committee of Workers of the entity that are part of the negotiating Commission for the Equality Plan must be able to access information from the Tax Register, which must be in accordance with the terms of Article 28.2 of the ET, despite having professional categories with a small number of workers, while remaining those obliged to respect the confidentiality of this information.
09/03/2023
Communication of writings to top hierarchical and test in disciplinary procedure.
IP 304/2021
The complaint is archived, referring to the communication by an MMEE inspector to his superior of an instance and an e-mail presented to the City Council, as well as his incorporation into a disciplinary file, since that communication is framed in the functions of monitoring the inspector's police activity, which include making known his superior any statutory infringements detected in his area of competence.
02/03/2023
- SECTORIAL AREA
- Police
- Administrative procedure
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- PRINCIPLES
- Lawfulness principle
- In the public interest or in the exercise of official authority
- Legal obligation
- VIDEO SURVEILLANCE
Communication of writings to top hierarchical and test in disciplinary procedure.
IP 53/2023
The complaint is archived, referring to the communication by an MMEE inspector to his superior of an instance and an e-mail presented to the City Council, as well as his incorporation into a disciplinary file, since that communication is framed in the functions of monitoring the inspector's police activity, which include making known his superior any statutory infringements detected in his area of competence.
02/03/2023
- SECTORIAL AREA
- Police
- Administrative procedure
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- ENTITIES
- Public administration
- Local administration
- Council
- PRINCIPLES
- Lawfulness principle
- In the public interest or in the exercise of official authority
- Legal obligation
- VIDEO SURVEILLANCE
Collection of data without fulfilling the duty of information, and processing for unlawful purposes.
PS 52/2022
The right to information of the users of the entity, due to lack of documentary accreditation at the time of collection (Articles 12, 13, and 14 GDPR); and due to violation of the principle of application, due to the improper use of the data, which consists of subjective and negative comments on a group of members who wish to submit their candidature.
02/03/2023
Access to information on a worker's covid-19 vaccination status.
IP 329/2021
The Human Resources unit of a City Council ended up accessing, through its Occupational Risk Prevention Service, information on whether one of its workers had been inoculated with the 2nd dose of covid19.
16/12/2022
Successfully use the address for the notification as it is the one recorded in the public DGT log.
IP 291/2021
File resolution dictated. The whistleblower argues that the SCT uses an obsolete and unauthorized postal address. There is no violation since that address was the one recorded in the DGT database and in accordance with traffic regulations, the obligation to update the address rests with the complainant himself. The STC, on the other hand, acted appropriately because, in accordance with the rules, it first consulted the registration of the DGT and, as the notification proved unsuccessful, it turned to the data on the Padrón.
14/06/2022
Total number of pages: 5