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Inscription of a biobank in the Register of the Catalan Authority of Protection of Data and about formalities of adaptation in the Type Code
CNS 52/2010
The Register of Data Protection of Catalonia it is competent to register the biobanks created by the included entities in the area of performance of the Authority of Data Protection of Catalonia, in accordance with the forms and the software established, once the creation of the biobank in accordance with the established procedure has been approved by the Law 14/2007. The adhesion to a Code type has to be made in accordance with the requirements that he establishes the Code itself. WARNING: It is necessary to take into account that, later in l’elaboració d’aquest Judgement, Royal decree 1716/2011 has come into force, of 18 November, according to which the inscription of the file of data in question in the Register of Protection of Data is a requirement necessary for the concession of l’autorització for the constitution and the functioning of the biobank (article 5.e).
04/01/2011
Cession of medical data of a service of prevention foreign to another service of prevention foreign
CNS 51/2010
The cession of personal character data requires the express and unambiguous consent of the one affected (article 11 of the LOPD). The lender companies of the foreign service of prevention and responsibles for the treatment, cannot give in- him data without the express consent of the affected person. However, this Authority has come understanding, with respect to the entities subjected to its area of performance, that the order of the treatment on the part of the public administration (responsible for the treatment) in a company that carries out the foreign service of prevention, it empowers the responsible to dictate instructions to the person in charge for which he gives the information for personal character to a new person in charge of the treatment (article 22.1 of the RLOPD).
21/12/2010
Inscription and control of the files of a municipal society
CNS 4/2010
The competence of the Generalitat about the files of a trading company of a Town Council of Catalonia, is in article 156 to) of the Statute of Autonomy of Catalonia. The control of the files of this society, the titularity of which it belongs To a Town Council, that the unique partner is, corresponds to the Catalan Agency of Protection of Data (article 3.1 of the Law 5/2002, of 19 April, of creation of the Catalan Agency of Protection of Data) and its files will have to be set in the Register of Data Protection of Catalonia (article 15.2 to) of Law 5/2002), through the forms approved by Resolution of 16 December of 2008, of the director of the Agency.
01/01/2010
Area of performance of the Apdcat in relation to a trading company told about by public entities
CNS 19/2009
Consultation of a trading company told about by public entities of Catalonia, among others, about if it is in the area of performance of the Catalan Agency of Protection of Data and if has to notify its files To the Catalan Agency. The society that the consultation refers to, in so far as, according to the information brought by the company itself, it is told about by Catalan public entities in more than one 50% of its share capital, is in the area of performance of the Catalan Agency of Protection of Data included and has to notify its files to the Register of Data Protection of Catalonia.
01/01/2009
He consults from a notary's office with respect to the applicable regime the installed cameras where its activity being displayed
CNS 25/2009
The Instruction 1/2009, of 10 of February, of the Catalan Agency of Protection of Data, about the data processing of personal character through cameras with until of videovigilància it does not work out of application to the treatments with until of videovigilància carried out by the notary's offices that exercise its activity in Catalonia, since they are not in the competence area of the Generalitat included in this matter.
01/01/2009
Creation and modification of files of a private University linked to the exercise of public functions
CNS 7/2009
Creation and modification of the files of a private University linked to the exercise of public functions. All the created files by the titular Foundation of a private university that is part of the university system of Catalonia are considered private files, ex article 5.1.l) of the RLOPD, for which the applicable juridical regime is the foreseen one in the chapter II of the LOPD (arts. 25 to 32), as well as, regarding the notification and inscription of the files, in the chapter II of the title V of the RLOPD. The creation, modification or suppression of files will have to be made in accordance with the rules of organization and functioning of the University itself -the articles 20.1 LOPD and 52 RLOPD- not being applicable, and the files will have to be set in the Register of Data Protection of Catalonia.
01/01/2009
Creation and modification of files of private University linked to the exercise of public functions
CNS 8/2009
Creation and modification of the files of a private University linked to the exercise of public functions. All the created files by the titular Foundation of a private university that is part of the university system of Catalonia are considered private files, ex article 5.1.l) of the RLOPD, for which the applicable juridical regime is the foreseen one in the chapter II of the LOPD (arts. 25 to 32), as well as, regarding the notification and inscription of the files, in the chapter II of the title V of the RLOPD. The creation, modification or suppression of files will have to be made in accordance with the rules of organization and functioning of the University itself -the articles 20.1 LOPD and 52 RLOPD- not being applicable, and the files will have to be set in the Register of Data Protection of Catalonia.
01/01/2009
Request of information about the nature of the file "pre-registered in the professional association" of a professional school
PET 3/2009
The Inscription of the files of titularity of the professional schools that have its area of performance in Catalonia corresponds to the Catalan Agency of Protection of Data, with independence of the public or private nature of the same ones. The file "preregistered" in the professional association of the professional School that formulates the consultation, it does not gather the necessary requirements to be able to be qualified as public nature since it is not in the exercise of public authorities linked.
01/01/2009
Request of information about the nature of the file of "Individuals" of a Bar Association
PET 4/2009
The Inscription of the files of titularity of the professional schools that have its area of performance in Catalonia corresponds to the Catalan Agency of Protection of Data, with independence of the public or private nature of the same ones. The file "individuals" of the School that formulates the consultation, in order to collect curricula and manage activities of formation to persons that they can be or no members of the school, it does not gather the necessary requirements to be able to be qualified as public nature since it is not in the exercise of public authorities linked.
01/01/2009
Request of information about the nature of a file of the AMPA of a public school placed in Catalonia
PET 5/2009
The competent authority for the inscription and control of the file Data associates, created by the Association of Mothers and Pares of Pupils of the Public School (...), it is the Catalan Agency of Protection of Data, ex article 156.b of the EAC, since it is a file that it is created for the exercise of the educational public functions that the AMPA has assigned; these functions are related with Education, which a matter is about the what the Generalitat has competences (article 131 EAC); and the treatment is made in Catalonia. The analyzed file is a private file, since the entity that has created it, the Association of Mothers and Pares of Pupils of the Public School (...), it has juridical-private nature. Consequently, it is necessary to the Register of Data Protection of Catalonia to inscribe it as a private file.
01/01/2009
Total number of pages: 5