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Open access to engravings generated by different projects of research of a University
CNS 36/2017
In so far as the University orders of the unambiguous, previous, express consent and informed of the affected persons, in the exposed terms in the judgement, it is possible to deposit the data of the researches (engravings) of the projects in open access subsidized by the Program H2020, although it is advisable from spreading them in the foreseen conditions to appraise the ownership, especially, in those suppositions in which deserving data could be revealed of special protection. The recording of physical persons focused on in the movement of the lips while they pronounce preestablished sentences, in order to facilitate the learning of the reading of lips, does not seem that in this case it has to be considered a data processing biometric, in the sense established in the article 9 of the RGPD.
06/09/2017
Consultation formulated by a Consortium in relation to a system of videovigilància in the collection of waste
CNS 14/2017
The installation of videovigilància devices in the vehicles that carry out the collection of waste in order to record the itinerary of the same ones and the moment of the collection, in the public way, as well as the installation of videovigilància devices in the helmet of the workers who carry out the collection of waste, it does not have sufficient habilitation legal. The installation of a system of geolocation in the vehicles could work out suitable, if it is proportionate and necessary for the determinate, explicit and legitimate purpose foreseen, and not for other incompatible purposes. This, whenever it does not bring the catchment and engraving of images matched up.
27/03/2017
Engraving and publication of the interventions in the sessions of the Plenum of the Town Council
CNS 62/2016
The data processing carried out by the municipal Group, as a responsible (art. 3 d) LOPD), through the recording and posterior diffusion of the intervention of its spokesman, he has to undergo the principles and guarantees of the regulations of data of personal character protection. The municipal Group, with character previous at the beginning of the treatment, it should create the corresponding file of data (article 20 LOPD), by agreement of the same municipal Group, in accordance with what foresees the article 52 of the RLOPD, to publish it and to notify it to the Register of Data Protection of Catalonia, in accordance with the article 11 of the Law 32/2010.
12/12/2016
Opposition of the doctors of the ICAM to the recording of the medical inspections
CNS 58/2016
The recording of the conversation with the doctors of the ICAM, for the person subjected to medical inspection and/or its escorts, constitutes a data processing personal (art. 3 c) LOPD), that he will have to undergo the principles and duties to the regulations of data protection. The recording of the conversation in question can require, normally, the previous consent of the doctor. If the consent is not conceded, and there is not another juridical basis that can fit out the treatment, in principle this will not be legitimate, even though it cannot be discarded that in some suppositions a legitimate interest coincides that could fit out the treatment, the fulfillment of the principles and duties regrets necessary, in this case, that it imposes the regulations of data protection.
15/11/2016
Engraving of images in a process of burial
CNS 50/2016
The regulations of data protection are not applicable to the engraving of images on the part of the assistants during the process of burial whenever the engraving is carried out with a purpose that can be qualified as staff or domestic. Whenever the purpose of the engraving is circumscribed to the personal and family area and that the posterior use does not exceed this area, the workers who carry out the process of burial will have accessory character and, therefore, illegitimate interference will not be able to be appreciated in the personal right to the image itself.
03/10/2016
Catchment and posterior publication of photographs of different organized events in the town
CNS 9/2016
The HIM 1/1982 fits out the catchment, through photographs, of the image of identifiable persons that appears to the town as merely accessory in different organized events for its posterior diffusion in a magazine, with informative or informative purposes of the public event in question. In attention to the superior interest of the minor, the diffusion legitimates in Internet of photographs of minors made during the celebration of events carried out in the municipal nursery school he should limit to the persons of the educational community, through the implantation of mechanisms of identification and authentication.
11/03/2016
- SECTORIAL AREA
- Social networks
- PERSONAL DATA
- Child data
- Image
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Local administration
- Council
- Decentralised municipal entities
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
Installation of videovigilància cameramen in the streets of a town
CNS 6/2016
Since the system of videovigilància would mean the catchment of images of persons and of vehicles to the public way, the LOPD does not give the Town Council sufficient habilitation to install this system on the public way, which they have to carry out necessarily the forces and security corps. Since it seems that the town does not have local policeman, the Town Council could not install the system of videovigilància either on the public way with regard to the forecasts of the organic Law 4/1997, of videovigilància (LOV). So that the catchment of persons images in places public, open or closed, for entities different to the forces and security corps can be considered legitimate, it will be necessary that the supposition of the article 42.2 of the Law of private security (LSP) is given, and that is made in the terms and conditions foreseen in the specific regulations.
25/02/2016
Installation of videovigilància cameramen in areas of waste collection of the town
CNS 1/2016
Since the system of videovigilància will entail the catchment of images of persons and of vehicles in the public way, the LOPD does not give the Town Council sufficient habilitation to install this system on the public way, which they have to carry out necessarily the forces and security corps. Since the town does not have local police, the Town Council would not be able either at present to install videovigilància on the public way with regard to the forecasts of the organic Law 4/1997, of videovigilància (LOV). So that the catchment of persons images in places public, open or closed, for entities different to the forces and security corps, can be considered legitimate, it will be necessary that the supposition of the article 42.2 of the Law of private security (LSP) is given, and that it is made in the foreseen terms and conditions in the specific regulations.
15/02/2016
Catchment and diffusion of the image of the interfering persons in public events
CNS 64/2015
The catchment and the posterior diffusion of the image of the persons who turn up as merely accessory or of a secondary form in events of the Association (assistant public or participants in events of inauguration, a lecture, a course, an informative event open to the public organized by the Asssociació, etc), for an informative or informative purpose, it has sufficient legal habilitation, to the effects of the articles 6.1 and 11 of the LOPD, so that it is not necessary to collect the consent of these persons previously (HIM 1/1982).
22/12/2015
Engraving of the conversation and catchment of the image of the municipal staff of civic attention
CNS 58/2015
The catchment of the image and of the voice of the workers of the Town Council for a citizen requires, normally, the previous consent of the affected one. Even so, in some suppositions it can be understood that there would be a legitimate interest that could fit out this treatment, he regrets that the citizen complies with the principles and duties that the regulations impose to protection of data necessary. In the present case, the catchment of the image in order to identify the worker easily would be a disproportionate data processing. The recording of the voice would also be it in order to have evidence of the presentation of a writing in front of the Town Council or of the information requested to the Town Council. However, to record it in order to use it with occasion of the demand of responsibilities it can have habilitation in determinate suppositions.
03/12/2015
- SECTORIAL AREA
- Public services
- Social networks
- PERSONAL DATA
- Employees' data
- Image
- Voice
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Local administration
- Council
- PRINCIPLES
- Lawfulness principle
- Legitimate interest
- PENALTY SYSTEM
- CATALAN DATA PROTECTION REGISTER
- Data files
- Privately owned files
- DATA CONTROLLER
Total number of pages: 7