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284 results were found for your search terms Sensitive data
Several questions related with the implantation of a project that foresees the use of defibrillators devices in public places
CNS 1/2011
La starting of a project that foresees the use of defibrillators in public spaces allows the collection of personal information that can be associated with the given person and, therefore, manage to identify it without requiring disproportionate efforts. The cession of the data of health recorded in the devices in the health centre so that they incorporate into the clinical history of the patient is considered legitimate in this case (article 11.2.f) of laLOPD). The installation of a camera in the booths in which the defibrillators will be placed will have to fulfill the forecasts of the Instruction 1/2009 in order to be able to consider its treatment legitimate.
24/01/2011
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
Scope of the exercise of the law of opposition within the framework of the Shared Clinical History
CNS 40/2010
In the context and model of the Shared Clinical History (HCC) full room has to have the exercise upward of opposition, since the consent is not required for the treatment of the data (article 6.4 of the LOPD and articles 34 to 36 of the RLOPD). The law of opposition, that it is necessary to differentiate from other rights I ARCO, it can translate into a limitation of determinate accesses, which would bring a determinate treatment of the information in modular, as it has been configured like this in the model of HCC. The applicable normative frame can condition the scope and the consequences upward of opposition. The casuístic approach of the article 6.4 of the LOPD makes that it cannot give a closed list of which the "motives" that could be considered legitimate to exercise are the law of opposition, or of it are the personal circumstances that which can fit out the exercise upward. The medical criterion results determining in order to evaluate the belonging from giving course to a request of opposition on the part of a patient.
02/12/2010
Report in relation to the Project of Order for which the files that contain data of personal character managed are regulated by the Department of Social Action and Citizenship
PD 31/2010
24/11/2010
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 particulars contained in reports of subsidies concession
CNS 8/2010
The data processing that they are responsibility of the Local Council he has to undergo to the whole of duties and principles of the LOPD, in particular, to the general regime of cession foreseen in the articles 11 and 21 of the LOPD. For application of the principle of quality, the communication has to refer only to the data that result from the town councils, in this case, suitable, pertinent and non excessive for the fulfillment of the legitimate purpose to proceed to the payment of the subsidies and, if it is proper, to give fulfillment to the functions of taxation that foresees the applicable regulations. It corresponds to the responsible for the treatment to do an exercise of ponderation, especially in relation to the sensitive data, in order to value which data can be an object of communication. It is recommended to the assignors public administrations and assigns of personal information that, in the measure of the possible one, the exchange of data of the affected ones is protocol·litzi.
01/01/2010
Communication of data of patients given in a hospital in the Agency of Public Health
CNS 9/2010
Several communications of identificatives data and of health of the patients of a hospital, being the assign the Agency of Public Health, and taking the LOPD and the sectorial regulations into account, are analyzed. In a concrete case brought up, and within the framework of functions eminently epidemiological and statistical, the communication feels fitted out for the sectorial regulations, but requires the anonimització of the data; this, without harm that the regulations can concede to the assign emmarcables functions in the provision of sanitary assistance, or that the consent of the patients is counted. Also the communication of data in relation to notifiable diseases, and the communication of patients data in risk of social exclusion are analyzed. In general thermal baths, the hospital can request to the assign suitable and sufficient information with respect to its request of access to data, and the assign has to specify or justify enough the purpose and the legal habilitation of the communication.
01/01/2010
Criteria of performance in a Town Council regarding the management and the procedure of the correspondence
CNS 36/2010
The fulfillment of the principles and duties to the LOPD, especially the regime applicable to the sensitive data, has to govern the management and the procedure of the particulars on the part of the OAC, independently of whom the physical person is addressee. The OAC having access is legitimate to the data that identify the emitter and the addressee of a document or writing, as well as to the particulars included in the documentation, in order to proceed to its register and procedure, in the terms of Law 30/1992. However, the Judgement makes nuances with respect to the mail that could qualify itself as "private", especially regarding the writings addressed to the mayor, to the town councilors or to the municipal groups. Among others, the consistent option in which the OAC does not open the mayor or the town councilors the addressed mail, leaves it in the corresponding mailbox and the addressee is the one that, in case the document has relation with municipal performances of competence, sends it to the OAC for its register, it adapts to the regulations of protection of particulars. These considerations can be extensible in the mail addressed to the municipal Groups.
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
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
Total number of pages: 29