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1,635 results were found for your search terms SECTORIAL AREA
Appraisal of several questions related to the file "Victims of the civil war and represaliades persons for the Franco's regime"
CNS 33/2010
In application of the regime of data cession (article 11 LOPD), the analyzed regulations do not contain a legal habilitation legitimadora of the diffusion generalized of particulars of any person "victim of the Civil War or represaliada during the Franco's regime", or of related third parties, that it includes data especially protected. Therefore, it is necessary to have the consent of the affected physical persons. Apart from this, in the judgement the demands derived from the principle of quality and of the proportionality, especially in relation to sensitive data (article 7 of the LOPD), as well as the exceptions to the duty of informing are analyzed (article 5.4 LOPD) and the limits of the habilitation to treat data without the consent of the headlines, founded in the collection of data for the exercise of functions typical of the public administrations (article 6.2 LOPD).
17/11/2010
- SECTORIAL AREA
- Files and documents
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- PERSONAL DATA
- Data of deceased persons
- Sensitive data
- Sensitive data
- Union membership data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Autonomous community administration
- PRINCIPLES
- Purpose limitation principle
- Historical, scientific or statistical purposes
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
Report in relation to the Project of Order for which the file of persons mentioned in the area of the private security in Catalonia of the Department of Inside is created, Institutional Relations and Participation
PD 40/2010
03/11/2010
Access to information about the distribution of union times among the affiliates to a Union
CNS 1/2010
The information referring to the distribution of the recognized union times to the affiliates is protected by the regulations of protection of particulars. The communication of the data, according to the article 11 of the LOPD, has to have the previous consent of the affected ones or, as an exception, the habilitation clear and specific to a rule with rank of law. The sectorial rules with rank of law do not foresee expressly the access of a union affiliate to the file of the Administration that contains the information about the distribution of union times among the affiliates of the same union that they enjoy. Consequently, in spite of that in accordance with the article 37.3 LRJPAC could be considered that the consulting one has a legitimate interest and direct, in so far as the pursued purpose could be attained equally without knowing the identity of the affected persons, in accordance with the articles 37.4 LRJPAC and 4 of the LOPD, it is considered that the communication of the information can be sufficient in an anonymized way.
01/01/2010
- SECTORIAL AREA
- Administrative procedure
- Data subject
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- PERSONAL DATA
- Anonymised data
- FUNDAMENTAL RIGHTS
- Right of trade union freedom
- ENTITIES
- Public administration
- Autonomous community administration
- PRINCIPLES
- Purpose limitation principle
- Quality principle
- TRANSPARENCY
- Right of access to information
- Workers' representatives
Possibility to access determinate particulars of the Property Register
CNS 2/2010
An autonomous organization of a provincial Regional Government will be able to access the particulars of the forced tributaries who figure in the Property Register in order to update them, if this access is necessary for the exercise of the public functions that it has assigned. This communication, in accordance with what orders the article 11.2.a) of the LOPD, it will find legitimation in the Law of the Property Register (approved by the Royal legislative decree 1/2004, of 5 March), which it allows to access the cadastral data proteges without the need for the consent of the headlines to the Public Administrations for the exercise of its pubic functions, always with the limitations derived from the beginning of competence, suitability and proportionality (article 53.2) and of the principle of quality of the particulars (article 4 of the LOPD).
01/01/2010
The systems of electronic vote
CNS 3/2010
In this judgement the advantages, disadvantages and inherent risks of the systems of electronic vote, are analyzed as much of the presencials systems how those of electronic vote remote. It is considered that even though from the strict point of view of the protection of data the implantation of electronic vote systems does not bring significant advantages, it is not contrary to the right to the protection of the particulars if they are implanted with the due guarantees. However, regarding the systems of remote vote, since the current state of the technique does not allow to ensure the security of these systems in a sufficient way, a specially careful utilization of this canal of vote is recommended.
01/01/2010
Communication of information to a town councilor about debts acquired by the town councilors
CNS 5/2010
The access on the part of the town councilor to a certification issued by the Town Council, positive or negative, in relation to the existence of debts of town councilors with the local Corporation itself who can be a cause of ineligibility or of posterior incompatibility, is adjusted to the demands of the LOPD. In relation in order to contrast the concurrence of causes of ineligibility or of incompatibility, the access to other information, as the ones related to debts not related with the Corporation itself it is not foreseen in the rule with legal rank (LOREG). Therefore, it would be necessary to require the consent from the headline, to lack of another rule with legal rank that gives the sufficient coverage in the access. A possible legitimate access to the data related to debts acquired with other Public Administrations by the town councilors, if it fits to the demands of the LOPD, cannot be discarded which the Town Council should consider in each case.
01/01/2010
- SECTORIAL AREA
- Electoral system
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Possibility to spread images of the development of a full session across Internet in the page "Youtube"
CNS 6/2010
The diffusion of the images of the sessions of the municipal plenum that have public character, or of the parts of the same ones that have this character, it can be conceded on the part of the municipal plenum in accordance with the foreseen habilitation to the article 70 of the Law of Bases of Regime Local and in article 156 of the Text revised of the municipal Law and of local regime of Catalonia. With respect to the possibility that this diffusion is carried out through "Youtube", although the utilization of a tool like "Youtube" facilitates the diffusion all over the world of the images, he does not have to forget that the purpose of the diffusion is the participation of the community local, or or the neighbors of the town. Is recommended to carry out the diffusion through the municipal web in basis at the beginning of proportionality.
01/01/2010
Access to particulars contained in reports of subsidies concession
CNS 8/2010
The data processing that they are responsibility of the Local Council he has to undergo to the whole of duties and principles of the LOPD, in particular, to the general regime of cession foreseen in the articles 11 and 21 of the LOPD. For application of the principle of quality, the communication has to refer only to the data that result from the town councils, in this case, suitable, pertinent and non excessive for the fulfillment of the legitimate purpose to proceed to the payment of the subsidies and, if it is proper, to give fulfillment to the functions of taxation that foresees the applicable regulations. It corresponds to the responsible for the treatment to do an exercise of ponderation, especially in relation to the sensitive data, in order to value which data can be an object of communication. It is recommended to the assignors public administrations and assigns of personal information that, in the measure of the possible one, the exchange of data of the affected ones is protocol·litzi.
01/01/2010
Communication of data of patients given in a hospital in the Agency of Public Health
CNS 9/2010
Several communications of identificatives data and of health of the patients of a hospital, being the assign the Agency of Public Health, and taking the LOPD and the sectorial regulations into account, are analyzed. In a concrete case brought up, and within the framework of functions eminently epidemiological and statistical, the communication feels fitted out for the sectorial regulations, but requires the anonimització of the data; this, without harm that the regulations can concede to the assign emmarcables functions in the provision of sanitary assistance, or that the consent of the patients is counted. Also the communication of data in relation to notifiable diseases, and the communication of patients data in risk of social exclusion are analyzed. In general thermal baths, the hospital can request to the assign suitable and sufficient information with respect to its request of access to data, and the assign has to specify or justify enough the purpose and the legal habilitation of the communication.
01/01/2010
Made possible that the town councils facilitate data of foreign persons of the municipal Census of inhabitants
CNS 10/2010
In spite of that the access on the part of the General Direction of Police, for the exercise of its competences on the subject of control and permanence of the foreigners in Spain, to the data of personal character of the municipal Census of inhabitants related to persons foreign that they are in situation irregular, he can find habilitation to the Disposal Additional seventh of the Law of Bases of the Regime Local, it is not necessary or justified from the point of view of the regulations of data protection, that the town councils communicate of profession To the General Direction of Police the data of the foreign persons who register in the Census. In the rest of suppositions, in accordance with what orders the additional fifth Disposal of the L.O. 4/2000, about rights and freedoms of the foreigners in Spain and its social integration, the obtaining of the data of the municipal Census on the part of the competent administrations that are necessary for the procedure of the foreseen procedures for the mentioned organic Law, has a way specific to access through the data of the Census which the National Institute of Statistics has. In any case, the Agency has also pointed out that, in spite of what has just exposed itself, which constitutes the valid legal regime, the implementation of effective policies of control of the permanence of the foreign persons in Spain considers convenient to attempt to look for a solution which it allows to make compatible in better measure, with the essential contents of the fundamental right to the protection of data.
01/01/2010
Total number of pages: 164