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75 results were found for your search terms Municipal Population Register
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
Cession of particulars in a company lender of the service of supply of potable water
CNS 37/2010
The Town Council is legitimated for communicating the datum NIF of the persons subscribed by the municipal service of supply of water in the service of supply of water contained in the Census of Inhabitants, in the supplying company, so that this manages the payment of the rate, just in the case that the consent is counted of the the affected persons (art. 11 LOPD). On the other hand, the Town Council is legitimated for communicating the datum NIF of the persons subscribed in the service of supply of water contained in the file of the Tax about Real Estate, in the supplying company, so that this manages the payment of nature income tributary, in accordance with what establishes the article 95 of the LGT, whenever the Town Council has established a contract of order of the treatment with the dealer company (art. 12 LOPD).
01/01/2010
- SECTORIAL AREA
- Water supply
- Municipal Population Register
- Public services
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Data processor
- PERSONAL DATA
- PERSONAL DATA
- Identification data
- National Identity Document
- DATA PROCESSOR
- ENTITIES
- Public administration
- Local administration
- Council
- Concessionaires
Consultation related to the access to data of the municipal Census of inhabitants and of procedure of the IAE
CNS 16/2009
The communication of data of the municipal census of inhabitants (PMH) and of the IAE, of the town councils to a public entity of another Administration, is brought up. Article 16.3 LBRL he does not fit out the communication of the datum related to the existence of a contract for rent, for which, and to lack of another rule fitting out, the communication of the town councils to this public entity of the data of the contract for rent brought with occasion of the inscription in the PMH requires the consent of the affected ones. Regarding the data of the IAE, following the consideration that the deposit of bail cannot be considered a non tributary public resource, the communication of the data that are for the management of the tax, requires the previous consent from the affected persons. Consequently, to lack of consent this communication of data is not allowed. In any case, it is necessary to take into account the principle of quality of the data, ex article 4 LOPD.
01/01/2009
Utilization of particulars on the part of a municipal town councilor
CNS 3/2009
Doubts are brought up about the possible utilization on the part of a town councilor of identificatives data of determinate persons who have been given of casualty of the municipal census of inhabitants. The right of access to the information exercised by the town councilors has limitations, but a limitation a priori and with general character, with respect to the particulars in those that can access, does not fit to the regulations about law of access nor is exigible from the prospect of the protection of data. The posterior utilization of the particulars, obtained legitimately by the town councilor, has to found in a determinate, explicit and legitimate purpose. The legitimate access does not fit out another purpose that differs to use the data for any or cannot be considered subsumible in the first purpose and legitimate that founds the treatment. A change of purpose will require to have the consent of the persons concerned or with a habilitation legal.
01/01/2009
Access to data of the municipal census of inhabitants on the part of the department of staff management of the Town Council itself
CNS 10/2009
Access to the data of the municipal census of inhabitants of a Town Council on the part of the department of staff management of the same Town Council. The municipal census of inhabitants is a register that is configured like a data base of personal character, and the LOPD is for him of application. It will be necessary to take the principles and disposals that restrain themselves in this rule into account. The department of staff of the Town Council, in exercise of its functions, it is legitimated for accessing the data of the municipal census with the purpose that motivates the consultation that it is that of accessing the datum of the address of a municipal worker in order to practice communications derived from the relation of services that it links it to the Town Council.
01/01/2009
Cession of data of the municipal census of inhabitants in the dealer company of the supply of water
CNS 37/2009
The Town Council will only be able to facilitate the particulars of the municipal census of inhabitants to a company, if this acts as person in charge of the treatment of the particulars that are necessary for him to carry out the service of supply of potable water in this town, in the terms established in the article 12 of the LOPD and to the Additional Disposal 31ª of the LCSP, since the communication of the mentioned data will not have consideration of cession of particulars. In case the file created for the management of the service of supply of potable water is a titularity of the company of private titularity, that is, the Town Council will only be able to hand over these data to the company if it has the consent of the affected ones, since any legal habilitation has been able to be ascertained either in the legislation of local regime or in the LOPD itself that it authorizes to making this cession.
01/01/2009
Right of access to municipal information for a town councilor of the opposition
CNS 51/2009
The access to the information contained in the census of inhabitants, the minutes of the sessions of the local Executive Council and in the general account of the Town Council on the part of a municipal town councilor it can agree protected by the right of the town councilors to consult the documentation of what orders the Town Council necessary for the exercise of its functions, including the data of personal character contained in the information that they request, independently of its condition of members of the government or of the opposition. This without harm of the fulfillment of the principle of quality of the data (article 4 of the LOPD) and the duty of secret of the town councilors who have access (article 10 of the LOPD) there, and the rest of applicable regulations.
01/01/2009
- SECTORIAL AREA
- Files and documents
- Municipal Population Register
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Duty of secrecy
- Purpose limitation principle
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Access to the data of the municipal census on the part of a Department of a Town Council to spread a program of formation.
CNS 19/2008
The municipal census of inhabitants is a register that is configured like a data base of personal character, and therefore the organic Law 15/1999, of 13 December, is to him of application of Protection of personal character data, and therefore it will be necessary to take into account the principles and disposals that restrain themselves in this rule, besides what orders the applicable sectorial regulations. The Department of the Town Council, in exercise of its functions, is legitimated to access data of the municipal census. In the writings through which it spreads the formative program has to give fulfillment to the duty of information of the article 5 of the LOPD to itself.
01/01/2008
Installation of electronic cashiers to carry out some administrative formalities, among others the obtaining of steering wheels of census
CNS 21/2008
The utilization of electronic terminals that allow to obtain steering wheels from census directly for the citizens constitutes a service of electronic administration the admissibility of which in principle would not bring up problems from the point of view of the regulations of data protection, whenever the measures adapted to their using this service to guarantee the identification and authentication of the persons are adopted. In this sense the utilization of systems based on the electronic DNI or other systems of advanced electronic signature is recommended. The nature of the treated data attended to, an identification system based on an identificatiu user and a password previously could also be admissible conceded by the Town Council.
01/01/2008
Concept of datum of personal character and communication to a political party
CNS 3/2007
It is proposed if the data of the registered and not registered persons have the consideration of personal character data and the possibility on the part of l’Ajuntament to communicate them to a political party with informative purpose. The municipal census d’habitants is configured like a data base of personal character and therefore, is subjected to the LOPD. The communication of particulars requires the consent from the ones affected, both if they are registered as if they are not it, unless it is authorized by law, which it does not seem to meet at the present supposition for the purpose that he considers.
01/01/2007
Total number of pages: 8