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711 results were found for your search terms TRANSFER OR DISCLOSURE OF DATA
Private use of the electronic mail of the job
CNS 49/2009
The Town Council can exercise a control of the tools of work, among which the electronic mail is found, when this control has the maintenance of the computer and telematic infrastructure of which he orders the Town Council as a purpose, to verify the fulfillment on the part of the workers of its work duties, or to coordinate and to guarantee the continuity of the work activity in the suppositions of absence of the workers. In application of the principle of quality (article 4 LOPD) it is necessary to determine the performances of control depending on the purpose that is pursued in each case and to choose the less intrusiu system for the particulars. It also becomes necessary to inform clear and previously to the workers about its duties, the implanted safety measures, as well as the scope of the control about the tools of work.
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
Legality of giving advertising to the contents of the cards of the Register of Interests
CNS 16/2008
The data of the municipal Register of Interests can constitute data of personal character and the principles and guarantees of the legislation of data protection therefore result from application. Taking into account the general regime of communication of data of the LOPD (article 11), it does not seem that there is a rule with rank of law that he fits out with general character a publication of the data of the Register of Interests in a bulletin municipal, without having the consent of the headline of the data, out of the expressly foreseen suppositions of access to the data in favor of the members of the corporation and of the persons that prove an interest legitimate and direct, and therefore to spread the data of form generalized it would work out contrary to the forecasts of the LOPD.
01/01/2008
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
Cession of university teachers data at a professional school to control the fulfillment of the regime of incompatibilities.
CNS 20/2008
The university can access the particulars of the school where the teachers ascribed to the university are registered in the professional association, related to the name and surnames of the ones registered in the professional association and its situation of professional exercise, since the listing of professionals registered in the professional association where these are published is a source accessible to the public. The school can communicate to the university the consistent datum in if requests of visa of certain professional works on the part of teachers with dedication in time complete have been formulated, without the need for requiring the previous consent of these teachers, if it is necessary for the control of the fulfillment of the regulations about incompatibilities.
01/01/2008
Possibility to publish the minutes of the Plenum and of the Executive Council on the municipal web
CNS 3/2008
The publication of sessions events on the web that data of personal character do not contain, or when these limit themselves to the data of the town councilors and the civil servants who intervene in it due to its charge people do not see limited by the regulations of data protection. However, when the minutes include data of personal character, its publication constitutes a data processing personal and therefore he undergoes the LOPD. Events of the Executive Council: the sessions are not public and the access to the minutes is only possible for persons legitimated in accordance with the LRJPAC; events of the plenum: the sessions are public but of this it cannot become detached that the minutes of the sessions can be spread on the web. It will be necessary that a law fits it out (art. 11 LOPD).
01/01/2008
Publication on municipal web of the minutes of sessions of the Plenum and of the agreement signed with a company
CNS 4/2008
The publication of sessions events on the web that data of personal character do not contain or when the particulars limit themselves to the data of the town councilors and the civil servants who intervene in it due to its charge, does not see limited by the regulations of data protection. However, when the minutes include data of personal character, its publication constitutes a data processing personal and therefore he has to undergo the principles and guarantees of the LOPD. Regarding the diffusion of the agreement with particulars different to those of the persons who sign it, it can only be published if there is specific legal coverage and whenever there is not another more respectful means with the protection of data.
01/01/2008
Cession of data in the Ministry of Education of another Autonomous Community in order to inform about an educational offer in Catalan
CNS 5/2008
A cession of a data base is brought up, on the whole, that it contains data of personal character, in a Ministry of Education of another Autonomous Community, in order to give information about an educational offer in Catalan. The Catalan autonomic Administration related with the consultation does not exercise competences in the educational area, but of representation of the Government and of cultural diffusion. Therefore, the requirements of identity of competences or matters that the article 21 of the LOPD requires to be able to carry out the cession without the consent of the headlines of the data are not given. It would be necessary to ask for the corresponding consents of the headlines of the particulars, or to use other informative mechanisms.
01/01/2008
Request of access to data carried out on the part of a university in relation to a study
CNS 6/2008
Analysis of the cession of particulars among a Public Administration and a university for the realization of a scientific study (articles 11.2 e) and 21 LOPD and 9 RLOPD). Necessary application of the principles of quality of the data and of incompatibility of the purpose prestresses (art. 4 LOPD). Analysis of the necessary concept of scientific study and requirements to determine that we are in the face of a scientific purpose. Impossibility about handing over the data anonymized for the realization of the study, and need to respect the duty of secret during its realization and in the publication of the results.
01/01/2008
Access of a town councilor to determinate data of the workers of the town council
CNS 7/2008
Confrontation of the right to the protection of personal character data and the right of recognized access to municipal information to the town councilors of a Town Council for the fulfillment of determinate functions. Whole of analyzed particulars: name, surnames, antique, professional category and date of completion of the contract. Recognition of the law of access towards determinate data of the described whole; with respect to the antique and the duration of the contract is concluded that its communication is made through previous dissociation.
01/01/2008
Total number of pages: 72