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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
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
Legitimation of a town council to access particulars of its workers and that they find on being able of another administration
CNS 2/2009
Access on the part of a town council to relative particulars to the coverage of the provision of sanitary assistance through the General Regime of the Social Security of its workers and of the beneficiaries for these. The managing public entity of the benefits of the public sanitary system in Catalonia jar, in exercise of its functions of business agent of these benefits, to communicate or to hand over to a town council the consistent particulars in the membership or not to the General Regime of the Social Security of the civil servant persons of this town council or of the persons that are from it beneficiaries, in order to fight against the fraud in the perception of incompatible benefits in the different regimes of the system of the Social Security. The town council can communicate this managing entity the mentioned particulars in order to comply with its duties on the subject of Social Security.
01/01/2009
Adequacy to the protection of data of a project about violence domestic and of genre
CNS 35/2009
In the project of victims Register of domestic violence and of examined genre, several principles and duties to the LOPD have to be taken into account. The law requires that the purposes and the uses to which it is wanted fulfillment to be given, which are conditioned to be able to be made personal of the information by the treatment, are defined. It is necessary to specify and to specify the particulars that will be treated, especially the qualified ones as sensitive, and to foresee, in relation to the applicable sectorial regulations, in which cases it is necessary to collect the consent of the persons concerned. It is necessary to specify the informative flows that will be produced, as well as to create and to inscribe the corresponding files and to apply the safety measures of high level.
01/01/2009
- SECTORIAL AREA
- SECTORIAL AREA
- Social services
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- PERSONAL DATA
- Sensitive data
- Health data
- Administrative criminal offences
- Gender violence
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- SECURITY MEASURES
- PRINCIPLES
- CATALAN DATA PROTECTION REGISTER
Cession of data of the municipal census of inhabitants in the dealer company of the supply of water
CNS 37/2009
The Town Council will only be able to facilitate the particulars of the municipal census of inhabitants to a company, if this acts as person in charge of the treatment of the particulars that are necessary for him to carry out the service of supply of potable water in this town, in the terms established in the article 12 of the LOPD and to the Additional Disposal 31ª of the LCSP, since the communication of the mentioned data will not have consideration of cession of particulars. In case the file created for the management of the service of supply of potable water is a titularity of the company of private titularity, that is, the Town Council will only be able to hand over these data to the company if it has the consent of the affected ones, since any legal habilitation has been able to be ascertained either in the legislation of local regime or in the LOPD itself that it authorizes to making this cession.
01/01/2009
Possibility to broadcast live the municipal plenums through Internet and to leave the accessible engravings to the network
CNS 40/2009
The retransmission live of the sessions of the municipal plenum that have public character, or of the parts of the same ones that have this character, as well as the one put at the disposal of the engravings of these in the web municipal, it is fitted out by the established forecasts in the article 156 of the Text revised of the Municipal Law and of Local Regime of Catalonia, in accordance with what settles in the municipal organic Regulations.
01/01/2009
Communication to a citizen of the technical project of reform and enlargement of a foreign house
CNS 42/2009
The delivery to a citizen of copy of the technical project of reform of a house of what is to title another person constitutes a communication of data. The access to the particulars that are part of an administrative report corresponding to an administrative procedure in progress will require that the person requesting of the information has the condition of interested person (art. 31 LRJPAC). In case the administrative report corresponds to a finished administrative procedure, the communication remains protected by the recognition of the public action whenever it does not contain intimate data, the rest of requirements of the article fulfills 37.3 LRJPAC and none of the suppositions of article 37.4 prevail LRJPAC. In the rest of cases, the previous consent of the affected persons will be necessary.
01/01/2009
Possibility to give a municipal group information related to helps conceded for the area of social services
CNS 43/2009
The access to the information about the name and surnames and neighborhood where they live of the beneficiaries for municipal helps on the part of municipal town councilors can remain protected by the right of the town councilors to consult the documentation of which she 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. The possibility of access to the information related to the name and surnames of the beneficiary persons would be fitted out also for the regulations regulatory of the public subsidies, which the advertising of the same ones foresees, in so far as it is a matter of subjected helps to those regulations. This without harm of the fulfillment of the principle of quality and the duty of secret of the town councilors who have access (articles 4 and 10 of the LOPD) there, and the rest of applicable regulations.
01/01/2009
- SECTORIAL AREA
- Administrative procedure
- Social services
- Subsidies
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Duty of secrecy
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Possibility to give town councilors of the copy opposition of the report of the selection process for covering a square of inspector of the local police
CNS 44/2009
The access to the information contained in a report of staff selection on the part of municipal town councilors can agree 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 protected by the right of the town councilors to consult the documentation. 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
- Administrative procedure
- Administrative file
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Duty of secrecy
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Total number of pages: 28