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284 results were found for your search terms Sensitive data
Cession of data that can develop the religion or the personal beliefs
CNS 4/2009
Cession among public administrations of particulars that can develop the religion or the beliefs of the affected persons. The data processing that can develop the religion or the beliefs of the affected persons requires in any case the previous, express consent and in writing of the same ones, ex article 7.2 LOPD.Si well in two concrete suppositions it goes to a special conclusion, it is necessary to be to the general rule according to which, when treats itself of communications for purposes non foreseen in the moment of the obtaining of the consent in the collection of the data the communication of data will require the express consent and in writing or the previous anonimització.
01/01/2009
Request of information that a deputy of the Parlament de Catalunya formulates to a Public Administration
CNS 5/2009
A deputy of the Parliament sol•licita to have access to the data contained in the reports related to reports of protection of minors. It is necessary to make the law of access of the deputies to the information of which he orders the public administration, with the protection of particulars, compatible. The Regulations of the Parlament de Catalunya constitute, the legal habilitation necessary for the cession of the data without the consent of the persons concerned, with general character without harm of the fulfillment of the principles and foreseen duties in the LOPD. Since the reports include data especially protected or sensitive, it is considered exigible in this case to dissociate or to anonymize the information in a way previous to the communication to the deputies of the Parliament, in order to not allow the identificabilitat of concrete physical persons. It will be necessary also to determine the concrete system of coding or anonimització and the concrete way of giving access to the information.
01/01/2009
Diffusion on the part of a professional school of reports and sanctionative resolutions of registered in the professional association
CNS 13/2009
With general character the diffusion of information related to the commission of administrative offenses and to the imposition of sanctions requires the consent of the affected person or a habilitation in a rule in rank of law. The valid ordering gives coverage for the communication of the sanctions imposed by the School when this information is required for a judicial organ or the Fiscal Ministry, and to communicate to the councils of bar associations and the rest of bar associations of the State the executive sanctions that imply disqualification or separation. In the rest of suppositions there is not legal habilitation that allows to give to the reports or to the resolutions sanctionative, nor for the publication of the sanctions advertising imposed, without harm that when a sanction of disqualification or of separation has been imposed, this circumstance has to cause to the exclusion from the lawyer affected of the list of professionals of the School, as long as the effects of the sanction last.
01/01/2009
- SECTORIAL AREA
- Administrative procedure
- Disciplinary procedure
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Corporate administration
- Professional associations
- PERSONAL DATA
- Sensitive data
- Administrative criminal offences
- ENTITIES
- Public administration
- Corporate administration
- Professional associations
- ACCESSIBLE SOURCES
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
Realization of psychotechnical tests in educational institutions agreed on by a company
CNS 38/2009
The lender company of services of psychological evaluation in educational institutions acts as person in charge of the treatment, if the requirements of the article 12 of the LOPD are fulfilled. The existing bond between the company and the pupils is born due to the order. Since this relation is necessary to carry out the provision of the service, a new bond between the company and the pupils, not being of application the article 20.1 of the RLOPD, is not established. The data of the psychotechnical evaluations, which contain data of psychological character, will have consideration of health data (articles 7.3 of the LOPD and 5.1.g) of the RLOPD). For the realization of psycopedagogic works, the centers do not need the previous consent of the legal tutors of the pupils, given the existence of legal habilitation to treat the data of the pupils that are necessary for the exercise of the teacher functions and guiding, whenever the treatment is necessary for the exercise of these functions. This does not exclude the duty to give fulfillment to the duty from information (article 5.1 of the LOPD).
01/01/2009
Access to data of handicapped persons on the part of a competent Administration on the subject of work
CNS 39/2009
In the examined case the assignor and the assign, who are part of the autonomic public administration, have differentiated legal status. It is necessary to apply then the regime of data communication foreseen in the article 21 of the LOPD. Consequently, the access founded in the purpose of creating a System of indicators about the situation and evolution in the work world of persons with disability, it is legitimate, from the prospect of the protection of data, because object of the competence of the entity responsible for the file refers to matters coincident with those that they are. In any case, it is necessary to foresee the suitable fulfillment of the duty of information (article 5 of the LOPD); creating the file or files that are necessary to preserve and to treat the personal information of form suitable, and to apply the high level of safety measures to the data processing, as well as to give fulfillment to the duty of secret (article 10 of the LOPD).
01/01/2009
Need to include a warning related to the recording of telephone calls on the part of the local police
CNS 17/2008
The file of calls carried out recording to the local police of a town, is subjected to the LOPD. Regarding the exclusion from the fulfillment of the duty of informing (article 5 LOPD), it can only be produced by the concurrence of an affectation for the National Defense, the public safety or the persecution of penal, but non administrative offenses (art. 24.1 LOPD), taking the STC 292 /2000 into account. In relation to the calls made to the local police, is only been able excepcionar the duty of informing when the purpose is the exercise of functions of the local police directly and precisely linked to the public safety or the persecution of penal offenses. In any other case, for the rest of made calls, it is necessary to the duty to give fulfillment of informing in the terms established by the LOPD.
01/01/2008
Access to data of health on the part of a public entity
CNS 10/2007
Access on the part of the workers d’una public company on the subject of health, to the clinical histories of determinate patients/users d’un hospital with the purpose d’investigació. L’accés to the particulars of the patients/users d’un hospital s’entén like a cession or communication of data and it is subjected to that that he orders the sanitary regulations with respect to the uses of the clinical history. L’accés will be possible always and when the consent of the patient for the cession of the data of personal character is evident or that the cession is carried out in a way dissociated, sorting out the data of character clinicoassistencial d’aquelles that allow the personal identification.
01/01/2007
Frame agreement to implant the shared clinical history in Catalonia
CNS 11/2007
L’objecte of the proposal of Frame Agreement consists in integrating the public and private health centres of the public network d’utilització into the process d’implantació of the Shared Clinical History in Catalonia. Since the data of health are considered as specially sensitive and protected in the legislation of data protection, and taking the applicable sectorial regulations into account, it is considered necessary to revise the forecasts made with respect to the consent of the patients, to determine the purposes and uses of the data of the patients in this context, in order to respect the principle of quality, and to define the forecasts about the right d’informació and l’exercici of the rights of the patients, between d’altres.
01/01/2007
Implantation of a system of information in hospitable area
CNS 15/2007
Possibility d’implantar a system d’informació that l’accés allows to data of health among different public and private welfare centers d’una public network. The concretion of the information is missed object of treatment contained to the clinical history that it will be. The generic forecast that s’efectua not s’adequa to the regulations of protection of data nor to that of the clinical history. It is necessary to determine the communication of the sanitary information for purposes that are not sanitary d’assistència; the suppositions in what s’aplica the figure of l’encarregat of the treatment and the cases in which a cession is produced of data among the welfare centers.
01/01/2007
Total number of pages: 29