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499 results were found for your search terms Public administration
Supposition of communication of particulars of a public employee
CNS 30/2010
Since the valid juridical ordering foresees the advertising of determinate data associated with a job, any person can access the salary, to the specific complement and the complement of destination corresponding to the place of a public worker, but not like this to the payroll it specifies of the municipal worker, unless its consent is had. If the data corresponding to the salary, to the specific complement and to the complement of destination have not been published by the public administration, he can request to access this information that has character of public by virtue of the right of access to archives and administrative registers.
01/01/2010
Communication to a citizen of the listings of school pre-inscriptions
CNS 31/2010
The father of a pupil excluded in the process of registration of a school sustained with public funds, as a part interested in the procedure, has the right to accessing the data of the address taken into account for the admission of the pupils in the center. Even though in this type of report intimate data, the data contained in the reports of school pre-inscriptions, related to name, surnames, can appear and to the census of the pupils who have accessed in a school for the course P3, reserved data of the life of the persons, related to an intimate sphere, cannot be considered own and reserved area of the knowledge of the others, not enjoying therefore the consideration of intimate data. In the case brought up, the access can be conceded to the requested data without the need for introducing other data that appear in the administrative report and that could be considered intimate data.
01/01/2010
- SECTORIAL AREA
- Education
- Administrative procedure
- Data subject
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- Education centre
- TRANSPARENCY
- Right of access to information
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
Request of access to consultations formulated to the Register of Companies Accredited from Catalonia
CNS 18/2009
The possibility of a Unit of Executive Collection rising is brought up to access the consultations that are made in the Register of Companies Accredited of Catalonia to intervene in the process of recruitment in the sector of the construction. The cession in the Executive Collection would be legitimated by a rule with rank of law but, so that it can be considered proportional to the recaptatòria purpose, the other less invasive means through which rises have to have been exhausted to have knowledge of the orders that they are made in indebted companies and in any case would remain limited to the concrete suppositions in which the money and current accounts of the subcontractor company are not sufficient to attend to the debt in the face of the Unit of Collection Executive.
01/01/2009
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
Data processing of plans of selfprotection and of the service of emergency calls
CNS 21/2009
The particulars contained in the plans of selfprotection and in the general Register of plans of civil protection, find proteges for the LOPD. They consider themselves the accesses to the data for the operating bodies adjusted to the principles of quality and purpose of the LOPD, among others, in so far as these have to intervene in a concrete situation of emergency, which generates the activation of a plan of selfprotection. The communication of data in the town councils where the author companies of plans of selfprotection are found placed, its competences attended to, fits to the forecasts of the article 21 of the LOPD. In relation to other accesses, it would be necessary to appraise the legitimate and direct interest, to the effects of the Law 30/1992. It is necessary to subject equally to the regulations of data protection the accesses and utilization of the particulars treated in the service of management of urgency calls.
01/01/2009
- SECTORIAL AREA
- SECTORIAL AREA
- Civil protection
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- Others
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
Right of access to reports of procedure of complaints, complaints and requests
CNS 23/2009
The persons and entities who have the condition of persons interested in the procedure have the right to accessing the data that are part of the report of procedure of the complaints, complaints and requests, in accordance with the article 35.a) of the LRJPAC. This has to be understood without harm of the possibility of exercise upward of opposition on the part of the titular persons of the data, in the foreseen terms in the article 6.4 of the LOPD.
01/01/2009
Communication of information on the part of a union to its government organs and affiliates
CNS 26/2009
The possibility of the general secretary of a union as a member of an organ registered in the professional association of one of the competent public entities on the subject of health being able to communicate the government organs and the affiliates to the union the agreements and its interventions in that organ registered in the professional association is brought up. The communication of data to the government organs that govern the union, in accordance with what foresees the article 11.2.c) of the LOPD, is legitimate for the purpose that he justifies it. The communication of data to the affiliates to the union is considered cession of data and would only be it legitimates in the supposition in which it was fitted out by a rule with rank of law, in accordance with what orders article 11.2 to) of the LOPD.
01/01/2009
Incorporation of disabled persons data in the Catalog of data and electronic documents
CNS 32/2009
The incorporation of particulars about disabled in the Catalog of Data and Electronic Documents for his put at the disposal of the interested public administrations it constitutes a communication of data. Consequently, so that the communication of data is legitimate it will be necessary to analyze if the express consent is counted on, habilitation is counted in accordance with the article 21 LOPD, or if there is a law that fits out the cession. In case the consent is necessary, this will have to be conceded expressly, in accordance with the article 7.3 LOPD. In any case, the determination of the particulars that can be an object of communication and of posterior treatments will have to respect the principle of quality of the data, ex article 4 LOPD and to guarantee the confidentiality of the data through the application of the suitable safety measures, which in this case will be of high level.
01/01/2009
- SECTORIAL AREA
- E-administration
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- PERSONAL DATA
- Sensitive data
- Health data
- ENTITIES
- Public administration
- Autonomous community administration
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
Cession of data of the relatives of minors given in a hospital, to requirement for the public administration
CNS 1/2009
The possibility of a hospital being able to hand over, requirement for the competent public administration on the subject of protection of minors, data of the relatives of the given minors is brought up. The regulations about protection of the minors allow all the information that is pertinent, including the one related to the environment family of the minor, to consider that the competent public administration has legal habilitation to access. Even so, the indiscriminate or generalized access to all data of the relative of the minor of which he orders the hospital, contrary at the beginning of quality (article 4 of the LOPD) could work out, since any access to the data has to be proportionate. Therefore, it is advisable that the hospital carries out a previous exercise of ponderation, and values, out of all the information which it has about the relative of the minor, which of this information can be relevant for the fulfillment of the legitimate purpose of informing about the situation of risk of the minor.
01/01/2009
Total number of pages: 50