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111 results were found for your search terms Autonomous community administration
Legitimacy of a communication of data with a Town Council and application of the figure of the person in charge of the treatment
CNS 50/2010
Taking into account the Law 11/2007 (articles 6.2.b) and 9), that he remits to the regime of communication of the LOPD (art.11), and to lack of rule with legal rank that fits out the communication of particulars of the files of l’Ajuntament related to the management of l’IAE in l’Administració that formulates the consultation, the cession requires the consent from the titular physical persons of the data. This consent is, also, necessary for application of what orders the tributary regulations (article 95.1.k) of the Law 58/2003, of 17 December, general tributary). It is necessary to discard the possibility of an order of the treatment being able to be established -l’Administració being the responsible and l’Ajuntament (IMI) l’encarregat of the treatment-, since this does not treat the information “per compte” of consulting l’Administració, but that it is the responsible for the concrete information that it is necessary to deal in the object system of consultation.
19/01/2011
- SECTORIAL AREA
- E-administration
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- DATA PROCESSOR
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- PRINCIPLES
- Lawfulness principle
- Consent
- DATA CONTROLLER
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
Appraisal of several questions related to the file "Victims of the civil war and represaliades persons for the Franco's regime"
CNS 33/2010
In application of the regime of data cession (article 11 LOPD), the analyzed regulations do not contain a legal habilitation legitimadora of the diffusion generalized of particulars of any person "victim of the Civil War or represaliada during the Franco's regime", or of related third parties, that it includes data especially protected. Therefore, it is necessary to have the consent of the affected physical persons. Apart from this, in the judgement the demands derived from the principle of quality and of the proportionality, especially in relation to sensitive data (article 7 of the LOPD), as well as the exceptions to the duty of informing are analyzed (article 5.4 LOPD) and the limits of the habilitation to treat data without the consent of the headlines, founded in the collection of data for the exercise of functions typical of the public administrations (article 6.2 LOPD).
17/11/2010
- SECTORIAL AREA
- Files and documents
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- PERSONAL DATA
- Data of deceased persons
- Sensitive data
- Sensitive data
- Union membership data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Autonomous community administration
- PRINCIPLES
- Purpose limitation principle
- Historical, scientific or statistical purposes
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
Access to information about the distribution of union times among the affiliates to a Union
CNS 1/2010
The information referring to the distribution of the recognized union times to the affiliates is protected by the regulations of protection of particulars. The communication of the data, according to the article 11 of the LOPD, has to have the previous consent of the affected ones or, as an exception, the habilitation clear and specific to a rule with rank of law. The sectorial rules with rank of law do not foresee expressly the access of a union affiliate to the file of the Administration that contains the information about the distribution of union times among the affiliates of the same union that they enjoy. Consequently, in spite of that in accordance with the article 37.3 LRJPAC could be considered that the consulting one has a legitimate interest and direct, in so far as the pursued purpose could be attained equally without knowing the identity of the affected persons, in accordance with the articles 37.4 LRJPAC and 4 of the LOPD, it is considered that the communication of the information can be sufficient in an anonymized way.
01/01/2010
- SECTORIAL AREA
- Administrative procedure
- Data subject
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- PERSONAL DATA
- Anonymised data
- FUNDAMENTAL RIGHTS
- Right of trade union freedom
- ENTITIES
- Public administration
- Autonomous community administration
- PRINCIPLES
- Purpose limitation principle
- Quality principle
- TRANSPARENCY
- Right of access to information
- Workers' representatives
Communication of data on the part of an Association bound for third countries
CNS 16/2010
Any communication of data of the Association bound for the territory of other countries, out of the frame of the EU and the European Economic Space, has to take into account the regime applicable to the international transfers from data (TID), foreseen in articles 33 and 34 LOPD, especially, if it is proper, the previous authorization of the Spanish Agency of Protection of Data. The communication of data in relation to the awarding of scholarships and helps, if there is previous and unambiguous consent of the headline of the data (article 34.e) of the LOPD), or if it is proper, if the TID is necessary for the achievement of contracts among the Association and the headline of the data or between the Association and third (article 34, f sections) and g), respectively), it could be produced without requiring previous authorization.
01/01/2010
Communication of owners data of pets to the competent Administration
CNS 19/2010
The general Register of pets is constituted by the data set of identification of the municipal censuses of pets in which only the cats are registered, dogs and the polecats. The regulations fit out the communication of data, previous requirement for the Administration, on the part of the veterinarians with respect to the animals that they vaccinate or treat with compulsory character. In case the activity of a Council of professional Schools is configured like private activity, the communication of data on the part of the Council to the Administration has to have the consent of the affected ones or the corresponding legal habilitation.
01/01/2010
- SECTORIAL AREA
- Environment
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Corporate administration
- Professional associations
- Data processor
- DATA PROCESSOR
- ENTITIES
- Public administration
- Autonomous community administration
- Corporate administration
- Professional associations
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
Total number of pages: 12