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26 results were found for your search terms Data of deceased persons
Access to determinate information of a municipal historical archive
CNS 19/2011
The access of a company to determinate information of a municipal archive that refers to alive persons, in order to digitize it, constitutes a cession of particulars that, for being legitimate and to lack of consent, it has to have sufficient legal habiitació. Once the valid regulations have been examined on the subject of archives and documents, it is considered that, in this case, in so far as in the information intimate or "sensitive" particulars are not evident, the Town Council can facilitate the past access the legal deadline of thirty years of the production of the document, deadline in which, in a general way, the exclusions to the public consultation from documents remain without effects.
17/05/2011
- SECTORIAL AREA
- Files and documents
- DATA PROTECTION AUTHORITIES
- Catalan Data Protection Authority
- Scope of action
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- Data of deceased persons
- ENTITIES
- Public administration
- Local administration
- Council
- PRINCIPLES
- Quality principle
Communication of particulars of reports of purification of staff and other reports that contain particulars
CNS 42/2010
The communication of particulars to investigators, relatives or citizens in general has to undergo the foreseen regime in the LOPD (articles 11 and 21). Especially the access on the part of investigators to determinate archives that contain particulars is analyzed, that it can be produced with determinate required conditions by the applicable regulations, mainly, to prove the condition of investigators and the nature of the study to carry out, scientific or cultural relevant, justifying the historical purpose and whenever the privacy of affected alive physical persons remains duly guaranteed. If it is proper, the signature of clauses of responsible confidentiality or declaration can be suitable in determinate suppositions. It is necessary to take the forecasts of the state and Catalan regulations into account from archives and the deadlines that they are foreseen there.
21/12/2010
- SECTORIAL AREA
- Files and documents
- TRANSFER OR DISCLOSURE OF DATA
- PERSONAL DATA
- Data of deceased persons
- Sensitive data
- Health data
- Administrative criminal offences
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of information
- PRINCIPLES
- Storage
- Purpose limitation principle
- Historical, scientific or statistical purposes
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
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
Communication to the relatives of a deceased lawyer of the key codes of an electronic mail account facilitated by the School to the lawyer
CNS 35/2010
Access to the electronic mail account of a deceased lawyer lodged in the server of a professional School, where data subjected to professional secrecy can figure. To lack of any forecast about the fate of the data, is recommended that the persons implicated, unanimously, or the same professional School, office and the rest of the information designate a person, subjected to the professional secrecy and under a commitment to confidentiality, so that it sorts out the information that is part from the professional activity of the deceased, who should be given to the partners that it has to be given to the heirs. Case that this is not possible, the remittent persons is recommended to return the Post Office received from the last access to the electronic mail account.
01/01/2010
Right of access to data of deceased relatives health
CNS 28/2009
The fundamental right to the protection of personal character data, as a very personal law, has to be exercised necessarily by the headline of the data, or, in the terms that he foresees the LOPD and the RLOPD, for third parties in name and representation of the person concerned. The regulations of protection of particulars do not apply to the data of deceased persons, except in the suppositions indicated in article 2.4 of the RLOPD. The request of access to determinate medical information of a dead relative does not constitute a demonstration of the law of foreseen access in the article 15 of the LOPD, but it has to be solved with regard to the applicable sectorial regulations (Law 41/2002). The medical center has to check out the fulfillment of this article, especially, the principle of proportionality.
01/01/2009
Diffusion of information of a data base of historical character
CNS 3/2006
The protection of data is a law fundamental and of very personal character, the consent of the person affected for dealing therefore needs the data, previous information of the purpose that is pursued. The information related to the deceased persons is not subjected to the regulations of data protection however, according to sectorial regulations and, with general character, if treats itself like documents that they can affect the rights to l’honor, the privacy or the image itself, the diffusion will be possible when they have gone by the deadlines established to the applicable regulations.
01/01/2006
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