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Cession of data in the reversion of an administrative concession of a municipal service
CNS 14/2011
The communication of data between a private company and a Town Council cannot be protected in a contract of treatment order when its formalization is not proved with the forecasts of the article 12.2 of the LOPD. The communication of particulars linked to the provision of the local service of field of golf among an entity dealer and a Town Council would find habilitation legal in what orders the article 11.2.a) of the LOPD if the citizens was informed duly of the information retiring for the provision of a municipal service. Otherwise, the communication could also find habilitation in the article 11.2.c) of the LOPD in so far as it is a matter of information that has to be communicated to the municipal entity for the exercise of the functions that correspond to him as a headline of the service.
28/04/2011
Diffusion of information across internet
CNS 13/2011
The diffusion of information related to a Town Council through internet, when this includes particulars and addresses itself to an indeterminate plurality of addressees, constitutes a cession and, as such, has to be carried out in accordance with the foreseen regime for the communications of particulars. The diffusion of accusing and/or pejorative comments towards the workers of the Town Council can mean, besides, an illegitimate interference in its fundamental right to the honor. In the examined case, the Authority would only be competent to know the data processing personal made by a town councilor of the town council if this took place in exercise of its public functions or, at least, through obtained personal information in exercise of its functions.
15/04/2011
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
Communication of data of the Municipal Census of Inhabitants to two decentralized municipal Entities
CNS 48/2010
The communication of the particulars that figure in the historical one of the Municipal Census of Inhabitants from a Town Council to some Entities municipal decentralized, without having the consent of the affected ones, it finds sufficient legal habilitation in the TRLMC, in the measure in which it takes place for the exercise of the competence that these entities, subrogated in the position of the town, have attributed to a historical purpose on the subject of linked institutional relations and the knowledge of the address is relevant to be able to identify to the collective of persons who lived there during a period of time concrete.
21/12/2010
Communication of information to a town councilor about debts acquired by the town councilors
CNS 5/2010
The access on the part of the town councilor to a certification issued by the Town Council, positive or negative, in relation to the existence of debts of town councilors with the local Corporation itself who can be a cause of ineligibility or of posterior incompatibility, is adjusted to the demands of the LOPD. In relation in order to contrast the concurrence of causes of ineligibility or of incompatibility, the access to other information, as the ones related to debts not related with the Corporation itself it is not foreseen in the rule with legal rank (LOREG). Therefore, it would be necessary to require the consent from the headline, to lack of another rule with legal rank that gives the sufficient coverage in the access. A possible legitimate access to the data related to debts acquired with other Public Administrations by the town councilors, if it fits to the demands of the LOPD, cannot be discarded which the Town Council should consider in each case.
01/01/2010
- SECTORIAL AREA
- Electoral system
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Possibility to spread images of the development of a full session across Internet in the page "Youtube"
CNS 6/2010
The diffusion of the images of the sessions of the municipal plenum that have public character, or of the parts of the same ones that have this character, it can be conceded on the part of the municipal plenum in accordance with the foreseen habilitation to the article 70 of the Law of Bases of Regime Local and in article 156 of the Text revised of the municipal Law and of local regime of Catalonia. With respect to the possibility that this diffusion is carried out through "Youtube", although the utilization of a tool like "Youtube" facilitates the diffusion all over the world of the images, he does not have to forget that the purpose of the diffusion is the participation of the community local, or or the neighbors of the town. Is recommended to carry out the diffusion through the municipal web in basis at the beginning of proportionality.
01/01/2010
Access to data of personal character contained in administrative reports
CNS 15/2010
The access on the part of a citizen to administrative reports that contain particulars constitutes a communication of data. The communication of particulars of an administrative report to the person concerned or potential interested, in the formality of audience, finds its habilitation legal in the article 84 of the LRJPAC. In case the communication is carried out during the period of public information, this will be able to be made to any physical or juridical person who in accordance with the article 86 of the LRJPAC, will be able to have access to all the report or a part of this. The data related to name, surnames, address, telephone number or electronic mail of a person, cannot be considered reserved data of the life of the persons, related to an intimate sphere, own and reserved area of the knowledge of the others, not enjoying therefore the consideration of intimate data. In the case of the maps of housings, these do not have because in principle to contain intimate data of a person. For the what it makes to the obtained qualifications in selective processes, has to be discarded that they are part of the intimate sphere of the person, although, its divulging will be subjected to the regulations of data protection.
01/01/2010
- SECTORIAL AREA
- Administrative procedure
- Data subject
- Urbanism
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- Identification data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- ENTITIES
- Public administration
- Local administration
- Council
- PRINCIPLES
- Quality principle
- TRANSPARENCY
- Right of access to information
Cession of particulars in a company lender of the service of supply of potable water
CNS 37/2010
The Town Council is legitimated for communicating the datum NIF of the persons subscribed by the municipal service of supply of water in the service of supply of water contained in the Census of Inhabitants, in the supplying company, so that this manages the payment of the rate, just in the case that the consent is counted of the the affected persons (art. 11 LOPD). On the other hand, the Town Council is legitimated for communicating the datum NIF of the persons subscribed in the service of supply of water contained in the file of the Tax about Real Estate, in the supplying company, so that this manages the payment of nature income tributary, in accordance with what establishes the article 95 of the LGT, whenever the Town Council has established a contract of order of the treatment with the dealer company (art. 12 LOPD).
01/01/2010
- SECTORIAL AREA
- Water supply
- Municipal Population Register
- Public services
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Data processor
- PERSONAL DATA
- PERSONAL DATA
- Identification data
- National Identity Document
- DATA PROCESSOR
- ENTITIES
- Public administration
- Local administration
- Council
- Concessionaires
Possibility of publication of determinate particulars in the board of advertisements
CNS 39/2010
The publication of the data FULL number and calculation of extraordinary hours carried out and/or pending of compensation in the board of the dependences police to control its correct award constitutes a cession of particulars. In so far as the valid juridical ordering does not foresee its advertising, the diffusion of this information will only be possible if the consent of the affected ones is counted or if it is carried out in a dissociated way. The dissociation, in this case, would entail only publishing a listing with the extraordinary times together with a numeric code assigned randomly to each local policeman. This code should keep in each publication to allow the control of the assigned times.
01/01/2010
Communication to a citizen of determinate documents that are part of an administrative report
CNS 41/2010
From the prospect of the protection of data it is considered that the access to the environmental information that contains particulars will have to be seen restricted or limited, in any case, when an affectation for the data implies that they have to require confidentiality or for those in which the juridical ordering already establishes a special reservation. To concede the access to the documentation previously it will be necessary to analyze the typology of the included data, the purpose for which they treat themselves, the regime of applicable protection, like this how to consider the public interest given with its divulging with the interest given with its denial. If it is inferred that it is possible to attain the purpose pursued with the access without facilitating particulars it will be necessary to the report to anonymize the acting documentation.
01/01/2010
Total number of pages: 28