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40 results were found for your search terms Administrative criminal offences
Communication on the part of a town council of particulars of the workers in the union sections
CNS 2/2012
In relation to the several suppositions of communication of data brought up, and following the regime of data communication according to which the consent of the headlines is necessary unless the cession is in a law (article 11 of the LOPD) foreseen, s’analitzen the possible legal habilitations with regard to the forecasts of the applicable regulations and of the principles of the protection of data. In the cases in which the consent is necessary by lack d’habilitacions legal that allow the communication, it is reminded that this has to be express in relation to the sensitive data (article 7 of the LOPD). Also s’analitza the belonging, in several suppositions and depending on the information requested, of l’alternativa of substituting the name and surnames of the concrete worker for a numeric coding. All this, without harm of the communication of data in a generic way and not individualized, without making the workers or affected civil servants identifiable.
24/02/2012
Publication of notifications on the subject of traffic
CNS 20/2011
The publication in an official newspaper of data of persons presumedly infractors on the subject of traffic, it constitutes a communication of particulars for the purpose of the LOPD, that it finds habilitation in the article 59.5 of the Law 30/1992. Once the valid regulations have been examined on the subject of traffic and administrative procedure, infractor, with the four last figures of the number of DNI, is considered that, in this case, the publication of the data related to the name and surnames of the person is suitable for the LOPD together with an identification of the number of report and a generic reference to the formality that is notified.
08/06/2011
- SECTORIAL AREA
- Administrative procedure
- Disciplinary procedure
- Traffic
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- PERSONAL DATA
- Identification data
- National Identity Document
- Sensitive data
- Sensitive data
- Administrative criminal offences
- Vehicle registration number
- ENTITIES
- Public administration
- Local administration
- PRINCIPLES
- Quality principle
- Proportionality
Cession of particulars to control the fulfillment of the regime of incompatibilities
CNS 11/2011
The information related with the professional activity of a determinate public employee has consideration of personal datum, since it refers to a determinate physical person. The public administration where this employee loans services can request this datum to the organizations of the Social Security during the procedure of the information previous to the eventual initiation of a disciplinary procedure (or in the sinus of its procedure), in order to correct the situation of incompatiblitat which this can commit, the existence of legal habilitation attended to to make the cession.
07/04/2011
Duty of information about the engraving of the made calls to the local police
CNS 7/2011
When, for the suitable contribution of the ordered services to this police body the engraving of the calls that are made there is necessary, it is necessary to inform previously the affected persons, unless one of the foreseen exceptions contributes to the article 24.1 of the LOPD, this is, that it is a matter of a call within the framework of the functions that the local police have attributed on the subject of public safety or for the persecution of crimes.
10/02/2011
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
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
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
Cession in a police body of particulars due to a research
CNS 7/2006
S’excepciona the consent of l’afectat in the cession of data for the prevention d’un real danger for the penal public safety or repression d’infraccions, whenever the object data of communication are exclusively the suitable, pertinent and non excessive d’acord with the legitimate, explicit and determinate purposes in which s’han of being destined. They can retire and treat the data exclusively for the purposes d’una concrete research.
01/01/2006
- TRANSFER OR DISCLOSURE OF DATA
- Law enforcement authorities
- PERSONAL DATA
- Sensitive data
- Sensitive data
- Administrative criminal offences
- ENTITIES
- Public administration
- PRINCIPLES
- Purpose limitation principle
- Law-enforcement purposes
- Quality principle
- CATALAN DATA PROTECTION REGISTER
- Data files
- Publicly owned files
- Police files
Cession of data of presumed infractors on the subject of environment
CNS 13/2006
L’accés to data of personal character without the consent of l’afectat is expressly recognized by the law regulatory of waste, to attend to another law of constitutional significance as the protection of the environment is. The authority who exercises functions of inspection and sanction can access the pertinent, suitable and non excessive particulars, but the access through the requirement to one third is a restrictive measure upward to the protection of data, and should be avoided, with general character.
01/01/2006
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