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The area of performance of the Catalan Authority of Protection of Data includes, between of others, the files and treatments that the entities of private law that public services loan through any form of management carry out direct or indirect, if it is a matter of files and treatments linked to the provision of these services (article 3.f) of the Law 32/2010, of the 1 October, of the Authority Catalan of Protection of Data). Therefore, the files linked to the provision of the service of education regarding the concerted levels can be inscribed in the Register of Data Protection.

The communication to the Intervention of the Generalitat of included data of personal character in work contracts of the staff of the consortium that it formulates the consultation, and even also the delivery of a copy of the contracts necessary for the elaboration of the auditing finds habilitation in the article 11.2.a) of the LOPD in relation to the forecasts of the Law of Public Finances of Catalonia, regarding the realization of the financial auditing and of regularity

The segregation of the territorial Demarcation Catalan d’un professional School state d’àmbit to constitute a Catalan independent School will entail only the cession, without consent of the ones affected, of the particulars of the persons registered in the professional association with only or main professional address in Catalonia who are suitable, pertinent and non excessive so that they can register in the professional association in the Catalan School, without d’aplicació in this concrete case being the forecasts of l’article 19 of the RLOPD. Consequently, the School will have to give fulfillment to the duty d’informació, as well as the rest of principles and foreseen duties in the regulations in protection of particulars.

The communication of the particulars of the ones registered in the professional association in a professional School of state area that have only or main professional address in Catalonia at the Catalan professional School, can be carried out without having the consent of the ones affected, in so far as the cession has sufficient legal habilitation, although it does not exempt the affected ones from the fulfillment of the duty of information. The regulations do not establish any procedure in particular to carry out the transmission of the data, but in any case it is necessary to adopt the suitable safety measures.

The competence of the Generalitat about the files of a trading company of a Town Council of Catalonia, is in article 156 to) of the Statute of Autonomy of Catalonia. The control of the files of this society, the titularity of which it belongs To a Town Council, that the unique partner is, corresponds to the Catalan Agency of Protection of Data (article 3.1 of the Law 5/2002, of 19 April, of creation of the Catalan Agency of Protection of Data) and its files will have to be set in the Register of Data Protection of Catalonia (article 15.2 to) of Law 5/2002), through the forms approved by Resolution of 16 December of 2008, of the director of the Agency.

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.

Consultation of a trading company told about by public entities of Catalonia, among others, about if it is in the area of performance of the Catalan Agency of Protection of Data and if has to notify its files To the Catalan Agency. The society that the consultation refers to, in so far as, according to the information brought by the company itself, it is told about by Catalan public entities in more than one 50% of its share capital, is in the area of performance of the Catalan Agency of Protection of Data included and has to notify its files to the Register of Data Protection of Catalonia.

Implantation of a system of hourly control through the digital imprint on the part of a provincial Regional Government. The digital imprint has consideration of personal datum (art. 3 to) LOPD and 5.1 f) RLOPD). Its treatment is considered in agreement with the principles of proportionality and quality of the data (art. 4 LOPD), to be a suitable, pertinent and non excessive treatment in relation to the purpose of to control the fulfillment of the timetable of the workers, without necessary being to have its consent (art. 6.2 LOPD). However, it will be necessary to comply with the rest of principles and duties to the LOPD, especially, the duty of informing (art. 5 LOPD), the modification of the file of "staff" or, the creation and inscription of a specific file for this treatment (article 20 of the LOPD) and the adoption of exigible safety measures, and if, the application of additional measures in attention to the nature of the treated information and the predictable risks, is proper.