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Access to a municipal aplicatiu of procedure of administrative reports
CNS 40/2018
The municipal syndic of offenses has habilitation to ask the Town Council for the information necessary for the fulfillment of its functions. However, by virtue of the principle of minimization (article 5.1 c) RGPD) it only seems suitable the possibility to be able to access the concrete reports, or parts of reports, which the researches of the municipal syndic of offenses (considering 31 RGPD) refer to. From the perspective of the regulations of data protection and for the information of which he is about, to facilitate to the municipal syndic of offenses the direct access in the municipal aplicatiu it would not adapt at the beginning of minimization of data and podría to mean a risk for the suitable protection of the personal information of the citizens.
25/07/2018
the discourtesy of a law I ARCO it does not entail for yes same the commission of an offense of the LOPD.
IP 164/2017
Although Aqualia neglected the request of cancellation formulated by the denouncer due to not having given the Town Council immediate transfer from the request, as he should have made to act as person in charge of the treatment and not have the resolution of the requests of exercise of the rights ordered I ARCO. But this in yes same does not constitute an offense of the LOPD. And in so far as the denial of the cancellation abides by law for the fact that Aqualia treats the data necessary for the provision of the service of supply of potable water to the here denouncing, evidence that it lead to considering that the silence or aquietament of this entity in the face of the request of cancellation has prevented or hindered is not observed the exercise of the law of cancellation. Equally, the order of the treatment made by the Town Council in favor of Aqualia for the provision of the related service fits out to this entity to treat the data of the denouncer necessary for the fulfillment of the functions ordered, without its consent being necessary.
26/04/2018
the discourtesy of a law I ARCO it does not mean necessarily that an offense of the LOPD has been committed.
IP 163/2017
Although the Town Council neglected the request of cancellation formulated by the denouncer, due to not having given answer in the legally foreseen deadline, this in yes same does not constitute an offense of the LOPD. And in so far as the denial of the cancellation abides by law for the fact that the town council treats the data necessary for the provision of determinate public services, evidence that it lead to considering that the silence or aquietament of the Town Council in the face of the request of cancellation has prevented or hindered is not observed the exercise of the law of cancellation. Equally, the orders of the treatment made by the Town Council in favor of several entities for the provision of these services he authorizes them to treat data of the denouncer, without its consent being necessary.
26/04/2018
Presumed communication of data of the person who a complaint formulated to the denounced person.
IP 148/2017
The complaint is filed not to exist evidence enough that allows to impute the communication of data denounced and drowned by the town council. The one denounced, if the complaint derived in a procedure (previous ponderation among the rights and affected interests), has evidence about the town council not informing the denouncer about the possible communication of its data accredited, but the responsibility for these facts would have become extinct by prescription.
08/02/2018
Communication to an estate promoter of information about determinate owners
CNS 51/2017
The right to the data protection does not prevent from the urbanistic promoters being able to have access to the name data, surnames and he addresses of the rest of owners of allotments, in order to comply with the necessary requirements to constitute the board of compensation and be able to communicate it to the rest of owners with the purpose who if they consider it, can adhere to the same one. This without harm that if the Town Council has this information can incorporate it directly into the report, in accordance with the article 28.3 LPAC.
09/11/2017
Denial of access to determinate reports of municipal public works
The regulations of data protection of personal character do not block the access to the merely identificatives data of the public employees who have intervened in the reports of works promoted by the Town Council in exercise of the respective functions. Neither the access to the identity of the designers, builders|constructors or directors of work prevents adjudicators of the respective contracts not formalized for the execution of the works, or the access to the identity of the owners and headlines|holders of rights about the lambs that they have been able to be affected for the different projects, without harm of omitting with previous character, the rest of data (NIF, addresses, telephones, etc), like this like any other data that they can be evident there and are unnecessary to attain the purpose of transparency pursued. The information that can figure on the allegations presented to the respective projects by third parties and that figures in the reports will be necessary to facilitate it|her in an anonymized way. Case that in the reports data are evident especially protected, these will have to be omitted with character previous to the access.
24/07/2017
Access of several urbanistic promoters to particulars of the owners of terrains
CNS 25/2017
The right to the data protection does not prevent from the urbanistic promoters being able in this case to have access to the name data, surnames and he addresses of the rest of owners, in order to get itself in touch among them, to the effects of formulating the derivative urbanistic planing in a joint way or of taking validly the initiative in the urbanistic management.
06/07/2017
Publication of determinate personal information in the Portal of transparency and in the municipal web
CNS 6/2017
When the legislation of transparency foresees the duty to publish information to the portal of transparency or the web corporative (subsidies and public helps, authorization of accountings, formation of workers, retributiva information, administrative concessions, among others), the regulations of data protection do not prevent the publication of personal information, although it is necessary to avoid the publication of unnecessary information. When the publication derives from other rules with rank of law, he will have to be to the terms that this legislation establishes, without harm which it is necessary to respect what derives from the LOPD. The advertising of information related to "any matter of public interest (...)" (art. 8.1.m) LTC), he does not authorize to publish particulars related with this, without consent or without specific legal habilitation, and therefore in principle it will be necessary to anonymize or to dissociate the particulars.
27/02/2017
Denial of information related with reports of urbanistic licenses
IAI 5/2017
With respect to claim 506/2016, the regulations of protection of particulars it does not prevent to give to the complaining person the copies of the documents related with the reports of planning permission and construction that they are necessary for the purpose of control of the urbanistic legality in the same terms than those that exposed themselves in the reports (IAI 30/2016 and 31/2016). With respect to the rest of claims, there is inconvenience neither on giving the person claiming the copies of the reports of licenses, without harm of omitting with previous character, the identificatives data of the applicants or headlines of the licenses that are not the name and surnames (DNI, telephone, address, etc.). There is not inconvenience either in that the claimant can take photographs with the mobile device of the mentioned documents, once the unnecessary particulars omitted.
17/02/2017
Access to municipal reports of licenses of work
IAI 30/2016
The regulations of protection of particulars do not prevent from giving the person claiming the relative information to the administrative titles habilitants of the constructions with respect to which he asks for itself the access, as well as the technical project and the rest of necessary documentation for the purpose of control of the urbanistic legality, without harm of omitting those particulars of the applicants or headlines of the licenses that they are not necessary to attain the pursued purpose.
24/11/2016
Total number of pages: 5