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Possibility of publication of determinate particulars in the board of advertisements
CNS 39/2010
The publication of the data FULL number and calculation of extraordinary hours carried out and/or pending of compensation in the board of the dependences police to control its correct award constitutes a cession of particulars. In so far as the valid juridical ordering does not foresee its advertising, the diffusion of this information will only be possible if the consent of the affected ones is counted or if it is carried out in a dissociated way. The dissociation, in this case, would entail only publishing a listing with the extraordinary times together with a numeric code assigned randomly to each local policeman. This code should keep in each publication to allow the control of the assigned times.
01/01/2010
Consultation related to an Instruction about use of systems and information technologies and the communication
CNS 17/2009
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.
01/01/2009
Communication of information on the part of a union to its government organs and affiliates
CNS 26/2009
The possibility of the general secretary of a union as a member of an organ registered in the professional association of one of the competent public entities on the subject of health being able to communicate the government organs and the affiliates to the union the agreements and its interventions in that organ registered in the professional association is brought up. The communication of data to the government organs that govern the union, in accordance with what foresees the article 11.2.c) of the LOPD, is legitimate for the purpose that he justifies it. The communication of data to the affiliates to the union is considered cession of data and would only be it legitimates in the supposition in which it was fitted out by a rule with rank of law, in accordance with what orders article 11.2 to) of the LOPD.
01/01/2009
Communication of data about retributius concepts of the workers of a University
CNS 27/2009
The communication of particulars has to be carried out with the previous consent of the affected one or if there is specific habilitation in a rule with rank of law. Without harm of the data of the civil servants or work workers who can indirectly be obtained and know, the applicable regulations do not foresee expressly that the organs of union representation have to know the whole of the retributius concepts that are perceived another rule of legal rank that can authorize it, corresponding to the payroll of a month, in a periodic way, to lack of any. It is recommended to appraise the possibility of the delivery of personal information being able to be made in a dissociated way.
01/01/2009
Communication to the Works Committee of a public company of data of the candidates of the employment exchange
CNS 29/2009
The communication of particulars of the included candidates to the employment exchange of a company to the Works Committee, has to be carried out according to article 11 LOPD. The previous consent of the headline of the data or, as an exception, with a habilitation legal specific has to be counted on. To lack of other forecasts contained in rules of legal rank, the Statute of the Workers does not foresee that the information that has to receive the Works Committee for the fulfillment of its functions has to include the data set personal of the candidates, so that it is necessary to have the consent of the candidate to be able to communicate its data.
01/01/2009
Communication of data of workers to the Works Committee, Committee of direction and stockholders of a public company
CNS 30/2009
The communication of data to the Works Committee has to be carried out in agreement the regime established in the article 11 of the LOPD; with general character the Statute of the Workers does not recognize expressly the representatives of the workers the right to access the whole of all the information about economic and work conditions associated with each concrete worker. The Committee of Direction can only have the right of access to the data in so far as this is necessary for the achievement of the functions that they have assigned, respecting in principle of quality (article 4 LOPD). With general character, the law of information in favor of the stockholders, it does not include a general communication of the data of all workers, and it can only be considered that there can be habilitation for the access of the stockholders in concrete suppositions and with respect to the data of determinate workers.
01/01/2009
Communication to the Works Committee of the data of a mercantile contract of autonomous worker
CNS 31/2009
The communication of particulars included in the mercantile contract formalized with an autonomous worker to the Works Committee has to be carried out according to the regime of article 11 LOPD. Neither the Statute of the Workers nor the Statute of the autonomous work contain general forecasts that fit out the communication of particulars included in the mercantile contract with the exception of the supposition related to the economically dependent autonomous workers. Out of this exception, with general character, it is necessary to have the consent of the person concerned in order to communicate its data.
01/01/2009
Application of the LOPD to the data processing personal of the workers of a University
CNS 14/2009
The identificatives data of names and surnames, DNI and other identification numbers, are particulars protected by the LOPD. The information about the antique of a worker or about the job that it identifies direct or indirectly a worker, personal datum has to be considered. The communication of particulars has to be carried out in agreement the foreseen regime in the article 11 of the LOPD. The applicable normative frame foresees concrete suppositions of access to data of the workers on the part of the representatives of these, as the access to the basic copy of the contract, or the access to identificatives data and of the job occupied in the case of the civil servants, for demand of the principle of advertising. The representatives of the workers have access to the data of contact of the workers, once the one that orders the article 2.2 of the RLOPD has been attended to. A cession of all the particulars included in the listings of staff of the University that carries out the consultation is not foreseen, with general character.
01/01/2009
Access to data of handicapped persons on the part of a competent Administration on the subject of work
CNS 39/2009
In the examined case the assignor and the assign, who are part of the autonomic public administration, have differentiated legal status. It is necessary to apply then the regime of data communication foreseen in the article 21 of the LOPD. Consequently, the access founded in the purpose of creating a System of indicators about the situation and evolution in the work world of persons with disability, it is legitimate, from the prospect of the protection of data, because object of the competence of the entity responsible for the file refers to matters coincident with those that they are. In any case, it is necessary to foresee the suitable fulfillment of the duty of information (article 5 of the LOPD); creating the file or files that are necessary to preserve and to treat the personal information of form suitable, and to apply the high level of safety measures to the data processing, as well as to give fulfillment to the duty of secret (article 10 of the LOPD).
01/01/2009
Elaboration and publication of the particulars of the electoral roll corresponding to union elections
CNS 18/2008
It is legitimate that the competent organ collects the particulars consistent in the name and surnames, the DNI (or NIF), the date since birth and the antique of the workers of an electoral unit for the celebration of elections in the organs of representation of the workers to the Public Administrations. However, from the point of view of the regulations of data protection, is considered that the publication of the data consistent in the DNI (or NIF), the date since birth and the antique of these workers in the board of advertisements of the corresponding electoral unit can harm the right to the protection of particulars of the voters, since these data are not necessary for the fulfillment of the first purpose of the publication of the lists of voters, that it is not another than knowledge if a civil servant considers himself or not voter.
01/01/2008
Total number of pages: 15