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54 results were found for your search terms Files and documents
Access of the town councilors to personal information acting in municipal reports and diffusion of this information through Internet
CNS 53/2012
The access of a town councilor in the reports of the persons hired within the framework of a Plan of support to the municipal social policies can agree protected by the law of the town councilors on consulting determinate documentation of which he orders the Town Council for the exercise of its functions, independently of its condition or not of member of the team of government. The diffusion in the municipal web of the identificatives data of these persons, although it can have legal habilitation, has to observe the principle of quality, according to which it has to be avoided to give determinate information about these persons, as, the social situation in which they are.
14/12/2012
Access to the municipal archives in order to carry to term a project of historical research
CNS 49/2012
Could be accessed in historical documents of municipal l’arxiu that they refer to dead persons, and also to alive physical persons, in so far as it is overcome the deadline of thirty years of the production of the document (article 36.1 of Law 10/2001), and the documents do not contain data that affect the privacy d’aquestes persons, without the need for consent of the affected ones. Regarding the data contained in the rest of documents, it does not seem that the LRJPAC can serve as habilitadora rule, for which the consent would be necessary. It does not seem to the data of the fiscal censuses managed by l’Ajuntament, in the terms that the consultation formulates, that there is sufficient legal habilitation to access without consent. L’autorització d’accés to the particulars that can restrain themselves in the municipal Register Offices, the applicable regulations attended to, does not correspond to l’Ajuntament.
22/11/2012
Access of the town councilors to information acting in municipal reports
CNS 37/2012
The access of the town councilors to the information of reports of helps that can contain sensitive data, requires to take the purpose of the access into account in order to evaluate the proportionality, without discarding the possibility to give the information in an anonymized way. Regarding the access to the "municipal register of entries and exits", it does not seem that the forecast of article 164.3 a) of the TRLMRLC it can found a generalized access of the town councilors in this Register.
27/07/2012
Access to the data of the accusing person
CNS 30/2012
Since the person who requests the information is the holder of the denounced commercial establishment, it is necessary to recognize the condition of person interested in the procedure in progress for him; this condition gives the sufficient legal coverage to access to the report (article 35.a) LRJPAC), without the consent of the denouncer. In relation to closed reports, the denounced one has a legitimate and direct interest, for which there is habilitation for the communication of the data, without the consent of the denouncer (article 37.3 LRJPAC). All this, without harm of the exercise of the rights I ARCO on the part of the denouncer, specifically, upward of opposition.
26/06/2012
Access to the data of the accusing person
CNS 23/2012
In attention to the regime of cession of the LOPD (article 11), since the person who requests the information is the owner of the terrains where the facts would have been produced, it seems that it is necessary to recognize the condition of interested person of this owner. This condition gives the sufficient legal coverage for the communication of the data, for application of the article 35.a) of the LRJPAC, without the consent of the headline being necessary. In case it is about a closed report, the applicant as interested person, it has a legitimate and direct interest in relation to the report, for which the article 37.3 of the LRJPAC gives the sufficient habilitation for the communication of the data without the consent of the headline being necessary. The Town Council has to ensure to the headline of the data the possibility to exercise the rights I ARCO, and to give fulfillment to the duty of information (article 5 of the LOPD).
21/05/2012
Access to the archive of the minutes of the municipal plenums
CNS 30/2011
The regulations of archives and documents examined, an association can access in the minutes of the municipal plenums understood between the years 1975 to 1981 that contain particulars that do not affect the privacy of persons, or the security, the honor or the image of the persons, without consent, in so far as the deadline is overcome legal of 30 years of the production of the document. Also he will be able to access, without consent, the minutes understood between years 1982 to 2004, in so far as in these particulars the divulging of which can be contrary to the right to the honor are not evident, the privacy or the principles and the guarantees that he establishes the regulations of data protection, the legal habilitation of Law 29/2010 attended to, of the 3 August, of the use of means electronic of the public sector.
12/09/2011
- SECTORIAL AREA
- Files and documents
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- Anonymised data
- ENTITIES
- Public administration
- Local administration
- Council
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- TRANSPARENCY
- Right of access to information
Access to determinate information of a municipal historical archive
CNS 19/2011
The access of a company to determinate information of a municipal archive that refers to alive persons, in order to digitize it, constitutes a cession of particulars that, for being legitimate and to lack of consent, it has to have sufficient legal habiitació. Once the valid regulations have been examined on the subject of archives and documents, it is considered that, in this case, in so far as in the information intimate or "sensitive" particulars are not evident, the Town Council can facilitate the past access the legal deadline of thirty years of the production of the document, deadline in which, in a general way, the exclusions to the public consultation from documents remain without effects.
17/05/2011
- SECTORIAL AREA
- Files and documents
- DATA PROTECTION AUTHORITIES
- Catalan Data Protection Authority
- Scope of action
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- Data of deceased persons
- ENTITIES
- Public administration
- Local administration
- Council
- PRINCIPLES
- Quality principle
Communication of particulars of reports of purification of staff and other reports that contain particulars
CNS 42/2010
The communication of particulars to investigators, relatives or citizens in general has to undergo the foreseen regime in the LOPD (articles 11 and 21). Especially the access on the part of investigators to determinate archives that contain particulars is analyzed, that it can be produced with determinate required conditions by the applicable regulations, mainly, to prove the condition of investigators and the nature of the study to carry out, scientific or cultural relevant, justifying the historical purpose and whenever the privacy of affected alive physical persons remains duly guaranteed. If it is proper, the signature of clauses of responsible confidentiality or declaration can be suitable in determinate suppositions. It is necessary to take the forecasts of the state and Catalan regulations into account from archives and the deadlines that they are foreseen there.
21/12/2010
- SECTORIAL AREA
- Files and documents
- TRANSFER OR DISCLOSURE OF DATA
- PERSONAL DATA
- Data of deceased persons
- Sensitive data
- Health data
- Administrative criminal offences
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of information
- PRINCIPLES
- Storage
- Purpose limitation principle
- Historical, scientific or statistical purposes
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
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
Access of the town councilors to the register of entries and exits of the Town Council and other documents, and limits to the utilization of the data
CNS 38/2010
The access to the data of personal character contained in the register of entry and exit of documents of a Town Council, on the part of town councilors of the corporation, will be legitimate if he limits itself to the data necessary for the exercise of the functions that attributed and they can only use themselves for the fulfillment of the determinate, explicit and legitimate purpose that has generated the access to the data, in this case, the necessary development of the functions that correspond to the town councilors who make the request of information.
01/01/2010
Total number of pages: 6