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61 results were found for your search terms Public services
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
Data processing personal carried out by the instrumental entities of a Town Council
CNS 17/2010
The communication of data between a Town Council and an instrumental entity has to undergo the general regime established in the LOPD (articles 11 and 21). In the suppositions in which it is not ordered of habilitation in accordance with these articles, the access to particulars that are treated under the responsibility of the Town Council on the part of an instrumental entity, through the formalization of an order of the treatment (article 12 of the LOPD), can be legitimated. It is insufficient to the effects of formalizing an order of the treatment, the substitution of the foreseen contract in the article 12 quoted by other types of instructions and orders given to the instrumental entity by the responsible, since these do not fit to the demands of the foreseen regime in the LOPD for the figure of the person in charge of the treatment, that an agreement of wills requires.
01/01/2010
Several questions related to the figure of the person in charge of the treatment
CNS 23/2010
A Town Council can sign a contract of person in charge of the treatment (article 12 of the LOPD) with a company to carry out the provision of a municipal service, whenever the provision of the service has a file of public titularity that he foresees as a purpose and collects the particulars that are necessary, and the treatment of these data on the part of the company is on account of the Town Council. The person in charge (the company) will be able to access the data on being able of the Town Council that they are necessary to loan the service and the Town Council will be able to access all the personal information that has treated the company in the provision of the service. The communication of data from the private files of the company in the Town Council can find habilitation in the article 11.2.c) of the LOPD. The communication of data between the Town Council and its autonomous organizations can find habilitation in the article 21 of the LOPD.
01/01/2010
Consultation of an Association about the responsibility of the data linked to the provision of the municipal service of dance on the part of the Association, and about the data of the service that the Association can communicate to the Town Council
CNS 25/2010
Given the lack of formalization of a contract of person in charge of the treatment in the terms of the article 12 LOPD, responsible for the information collected on the occasion of the provision of the municipal service of dance so much has to be considered the Town Council, headline of the service, how the lender entity of the same. The data collected by the lender entity of the service with occasion of this, they can be communicated to the Town Council with the consent of the persons affected, if these were duly informed about the municipal titularity of the service in the moment of the collection of the data, or in accordance with what establishes the article 11.2.c) of the LOPD, in so far as it is a matter of information that has to be communicated to the municipal entity for the exercise of the functions of control about the service that it has attributed.
01/01/2010
Responsibility of the data linked to the provision by an association of the municipal service of dance
CNS 28/2010
Communication of data on the part of the lender entity of a municipal service in the titular Town Council of the service. Given the lack of formalization of a contract of person in charge of the treatment in the terms of the article 12 LOPD, responsible for the information collected on the occasion of the provision of the municipal service of dance so much has to be considered the Town Council, headline of the service, how the lender entity of the same. The data collected by the lender entity of the service with occasion of this, they can be communicated to the Town Council with the consent of the persons affected, if these were duly informed about the municipal titularity of the service in the moment of the collection of the data, or in accordance with what establishes the article 11.2.c) of the LOPD, in so far as it is a matter of information that has to be communicated to the municipal entity for the exercise of the functions of control about the service that it has attributed.
01/01/2010
Communication of subscribers data of a municipal company to an entity of public law
CNS 20/2009
Communication of a municipal society to a public entity of another Public Administration of determinate data of the subscribers in the service of supply of water loaned by the municipal society. In order to subscribe the concert with the municipal company and collect the economic amounts of the bails the communication of the municipal company towards the public entity is considered legitimate, without the need for requiring the consent from the subscribed persons, of its particulars related to the name and surnames, the address (street, number and population), the DNI or CIF and the amount of the bail. The communication of the consistent data is considered illegitimate in if the subscribers are owners or tenants of the place where they are supplied with the water, since, on not to be necessary data to manage the deposit of the bails that the article 4 of Law 13/1996 establishes, they consider themselves excessive.
01/01/2009
Consideration of a private foundation, adjudicator of a public service, as a person in charge of the treatment
CNS 12/2009
Possible consideration of a private foundation, adjudicator of the rendering of services social, as a person in charge of the treatment and fulfillment of the duty of information. The private foundation would have the condition of person in charge of the treatment whenever it does not decide about the purpose, contents and use of the treatment and it is indicated in the administrative contract that it is formalized for the provision of the welfare services, and in the same contract the forecasts of the article 12.2 of the LOPD are collected. Otherwise, she will be considered responsible for the treatment. The fulfillment of the duty of information foreseen in the article 5 of the LOPD corresponds to the entity that collects the data of personal character and with character previous to the collection.
01/01/2009
Communication of subscribers data in the service of supply of water of the part segregated from a town
CNS 33/2009
The communication of data of personal character related to the subscribers in the service of supply of water of the part segregated from the town that formulates the consultation, in the new town of which they have gone to being part, so that it can loan the mentioned service, it finds habilitation in the legislation of local regime as well as in the article 21 of the LOPD, for which it is necessary to the regulations of data protection to conclude that it is not contrary
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
Access to files of a company dealer on the part of a town council
CNS 10/2006
L’ajuntament as a lender d’un public service is the responsible for the corresponding files d’usuaris with the duties that this entails. L’empresa dealer has the consideration d’encarregat of the treatment. D’acord with this, l’ajuntament can access the particulars that are necessary for the management of the service and make the studies that they are necessary always and when either a new destination or use of the particulars do not implicate a change in the purpose, incompatible with those that legitimated the initial collection.
01/01/2006
Total number of pages: 7