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Legality of the engraving of the plenums and its posterior publication in Internet
CNS 54/2015
The catchment of the image and the voice in the sessions of the plenum of the Town Council, as well as its posterior diffusion has to limit to the sessions or part of the sessions that have public character, and has to be carried out in accordance with the principles and guarantees of the regulations of data protection, so that it allows to inform the citizens about the matters that they struggle to the plenum without this having to mean unjustified sacrifices to the protection of the data of character upward personal of the assistants or of the persons affected by the information that it can turn up in the debates of the sessions of the plenum.
11/11/2015
Diffusion of the sessions of the plenum in the web of the Town Council
CNS 44/2015
The diffusion of the sessions of the plenum of the Town Council has to limit to the sessions or part of the sessions that have public character, so that it allows to inform the citizens about the matters that struggle to the plenum without this having to mean unjustified sacrifices to the protection of data upward of personal character of the assistants or of the persons affected by the information that it can turn up in the debates of the sessions of the plenum.
08/09/2015
Recording and diffusion of the full sessions of the Board of Staff
CNS 38/2015
The recording of the sessions of the Board of staff as an auxiliary mechanism to facilitate the writing of the minutes does not require the consent of the affected ones. Yes this consent is necessary for its posterior diffusion in the Intranet, without harm that those parts of the sessions that do not contain particulars that cannot be an object of diffusion can be issued in deferred. The diffusion of the minutes of the Board of staff where only the adopted agreements and the identification of the members who have taken part in the session figure is in agreement with the LOPD whenever these understand information of work nature of general interest of the workers.
01/09/2015
- SECTORIAL AREA
- Employment
- Workers' representatives
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Workers' representatives
- PERSONAL DATA
- Anonymised data
- Employees' data
- Image
- Voice
- FUNDAMENTAL RIGHTS
- Right of trade union freedom
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Local administration
- PRINCIPLES
- Storage
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- TRANSPARENCY
- Active publicity
- Organisation
Utilization of videovigilància systems in private public spaces and spaces
CNS 27/2015
The catchment of images of identified physical persons or identifiable with purposes of surveillance in public spaces and on the public way corresponds, normally, to the forces and security corps. Exceptionally this catchment in the outer spaces of the precincts made could be accepted as valid by a company of private security if, previous shapeless of the Commission of Devices of Videovigilància Control, is counted out with the corresponding administrative authorization in accordance with the Law of private security and the HIM 4/1997. Likewise, other precincts, once their characteristics had been attended to, could manage to be considered private like spaces during its timetable of closing.
16/06/2015
Diffusion of images picked up by the cameras of videovigilància installed in the trams
CNS 16/2015
The treatment of images with purposes of videovigilància in the tram, once the real-time emission of images has been included in the monitors, is subjected to the regulations of protection of particulars and to the Instruction 1/2009. The visualization of images of persons who travel in the tram in the foreseen terms to the consultation is not proportionate or adjusted to the demands of the principles of quality and of purpose, unless the persons were not identifiable, circumstance that does not consider itself proved. The purpose of transmitting the passengers the sensation of control and of security, and of producing a discouraging effect, can be achieved with the fulfillment of the duty of information (article 5 LOPD and article 12 Instruction 1/2009), in particular, with the information facilitated by the inspectors themselves or with the implementation of other additional means.
07/04/2015
Catchment of images in a public service of transport of passengers
CNS 10/2015
Although the catchment of images in the examined case constitutes, formally, a "data processing personal" to the effects of the LOPD, this treatment is not subject to the particular demands of the regulations of data protection, in the terms of the article 3.c) of the LOPD, for the fact that the direct or indirect identification of physical persons, without disproportionate efforts it is not possible, as the system of visualization analyzed is configured.
17/03/2015
Diffusion of images picked up in the municipal sport facilities
CNS 3/2015
The recording and retransmission of the sport events that policemen are celebrated in the sport facilities, in which the images of the persons turn up as merely accessory, would be in agreement with the LOPD, in attention to the habilitation of the article 8.2.c) HIM 1/1982. However, the catchment of images of the persons who train in these facilities would require the consent previous and informed of the affected ones or, if it was the case, that of its parents, tutors or legal representatives, except another legal habilitation.
27/01/2015
Engraving of interviews in the process of situations of helplessness appraisal of children and teenagers
CNS 48/2014
The recording of the interviews in order to allow the technical teams to issue the preceptive report, it is part of the treatment fitted out of data. The recording of visits supervised without a concrete motivation can be disproportionate, while in the interviews in hospitals, he would agree on appraising the possibility to record the voice of the affected minor, and not its image. The belonging of the accesses to the interviews recorded on the part of the interviewed person is also examined, of the persons who have the condition of interested in the formality of view of the report (article 106.3 LDOIA), as well as of the minor own one when he accesses the adult age.
30/09/2014
Adequacy of a system of videovigilància to the regulations of data of personal character protection
CNS 29/2014
The purpose of the installation of the system of videovigilància in the dependences from the lender company of municipal public services is legitimate, to be related with the surveillance and the control of the facilities, and the consent is not required from the affected ones (article 6.2 LOPD). The images have to be treated without harm of the considerations made in relation to determinate cameras in the context of the legitimate purpose and not for other purposes incompatible, so that the system of videovigilància fits to the principles of quality and of purpose. The system of videovigilància has to give information in the terms of the article 5 LOPD and 12 of the Instruction, and to comply with the rest of principles and duties to the regulations of data protection.
12/06/2014
Installation of a system of videovigilància and evidential value of the images
CNS 25/2014
The installation of a new system of videovigilància in dependences or facilities of the Town Council with purpose of guaranteeing the security does not need of the approval of a new file if the Town Council already has the file "Videovigilància" that includes this purpose. It will be necessary but that the Town Council approves a new memory that includes the cameras so much already existing as those which now is wanted to be implanted. If takes place a robbery that has remained recorded for the cameras of videovigilància, the Town Council would find legitimated for putting in knowledge of the police the facts and the recorded images.
30/05/2014
Total number of pages: 7