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42 results were found for your search terms Rights of honour, privacy and self-image
Engraving of lay funeral ceremonies on the part of the funereal company
CNS 8/2011
The catchment of images in exercise of exclusively personal or domestic activities is not subjected to the regime of data protection foreseen in the LOPD, but can mean equally the affectation upward to the protection of particulars (art. 18.4 CE) or other fundamental rights related with this, as the right to the image itself (art. 18.1 CE). In the concrete case of the engraving of images of the workers of a public company during the celebration of funerals ceremonies it has been considered that the tasks that they have ordered imply the necessary restriction of its right to the image itself and that, therefore, it will not be necessary to have its consent to attract them.
24/02/2011
Use of the electronic mail as a means of union intelligence transmission to the public employees
CNS 4/2011
The unions can use information related to the electoral process the electronic mail of the workers of a public company to make them arrive, without having its consent, in the measure in which this communication finds habilitation in the LOLS. It will be necessary but to respect the limits established constitutionally and the sent information will have to be strictly union-related and occupational of nature. To send information where the entrepreneurial behavior is criticized will be legitimate whenever it is made with plenum with respect to the rest of constitutionally recognized rights, among others, the right to the honor, to the personal and family privacy and to the image itself or the right to the protection of personal character data.
14/02/2011
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
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 data of personal character contained in administrative reports
CNS 15/2010
The access on the part of a citizen to administrative reports that contain particulars constitutes a communication of data. The communication of particulars of an administrative report to the person concerned or potential interested, in the formality of audience, finds its habilitation legal in the article 84 of the LRJPAC. In case the communication is carried out during the period of public information, this will be able to be made to any physical or juridical person who in accordance with the article 86 of the LRJPAC, will be able to have access to all the report or a part of this. The data related to name, surnames, address, telephone number or electronic mail of a person, cannot be considered reserved data of the life of the persons, related to an intimate sphere, own and reserved area of the knowledge of the others, not enjoying therefore the consideration of intimate data. In the case of the maps of housings, these do not have because in principle to contain intimate data of a person. For the what it makes to the obtained qualifications in selective processes, has to be discarded that they are part of the intimate sphere of the person, although, its divulging will be subjected to the regulations of data protection.
01/01/2010
- SECTORIAL AREA
- Administrative procedure
- Data subject
- Urbanism
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- Identification data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- ENTITIES
- Public administration
- Local administration
- Council
- PRINCIPLES
- Quality principle
- TRANSPARENCY
- Right of access to information
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
Use of the census on the part of the auditors of the political parties accredited in the boards in an electoral procedure
CNS 20/2010
The political parties have the right to obtaining a copy of the electoral roll d’acord with the that l’article 41.5 of the Organic Law establishes 5/1985, of 19 June, of the General Electoral Regime, although the use of this census has to limit itself to the foreseen purposes in the same LOREG, being able to without to that the auditors to the polling stations on the day of the vote can, to split d’aquesta list, to control the persons who have not gone to exercise the right to vote in order to ask for them who go to vote, practice that of hard-him to term it would affect clearly the privacy of the persons since it can condition in an unjustified way the free and secret character of the right to vote.
01/01/2010
- SECTORIAL AREA
- Electoral system
- Electoral roll
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- Identification data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- ENTITIES
- Public administration
- Local administration
- Council
- Political parties
- PRINCIPLES
- Duty of secrecy
- Lawfulness principle
- Consent
- TRANSPARENCY
- Right of access to information
Request of a town councilor, who asks for copy of a report that is found judicial in headquarters
CNS 21/2010
The access to the municipal administrative report related to the object subject of consultation has to be accessible to the town councilors in order to be able to exercise its functions, and has to distinguish from the access to the previous diligences of a penal cause instructed by a Court of Instruction. Apart from suppositions of denial motivated of access, foreseen in the regulations, the existence of a litigious secret makes impossible the access of the town councilor to the information, in the same way that if the Town Council is not a part in the cause. In case the Town Council is a part in the cause, an access could be produced to the applicant town councilor always and when the access is produced within the framework of a legitimate purpose, determinate and explicit, as the development of legally attributed concrete functions, as the case would be of functions directly linked to the penal process, for example. It is necessary to take especially the principle of quality into account.
01/01/2010
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Purpose limitation principle
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Communication to a citizen of the maps contained in a report of license of work concession of a foreign house
CNS 27/2010
The delivery to a citizen of copies of the maps contained in an administrative report of concession of planning permission of a house of what is to title another person constitutes a communication of data. If the administrative report is in procedure, it will require that the person requesting of the information has the condition of interested person (art. 31 LRJPAC). If the report finds finish it remains protected by the recognition of the public action whenever it does not contain intimate data, sanctionative or disciplinary character corresponds to a procedure of application of the right not to have, and value can be made for the exercise of the rights of the citizen (art. 37.3 LRJPAC). However, this access can limit 37.4 LRJPAC when one of the causes contemplated in the article prevails. In any case, the determination of the particulars that can be an object of communication will have to respect the principle of quality of the data, and in particular the principle of proportionality (art. 4 LOPD). All this without harm that the titular person of the data can exercise its law of opposition in the terms established in the articles. 6.4 LOPD and 35 of the RLOPD, that it will have to be solved by the municipal administration.
01/01/2010
- SECTORIAL AREA
- Housing
- Administrative procedure
- Data subject
- Urbanism
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- Anonymised data
- Identification data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of access
- Right of objection
- ENTITIES
- Public administration
- Local administration
- Council
- PRINCIPLES
- Quality principle
- TRANSPARENCY
- Right of access to information
Communication to a citizen of the listings of school pre-inscriptions
CNS 31/2010
The father of a pupil excluded in the process of registration of a school sustained with public funds, as a part interested in the procedure, has the right to accessing the data of the address taken into account for the admission of the pupils in the center. Even though in this type of report intimate data, the data contained in the reports of school pre-inscriptions, related to name, surnames, can appear and to the census of the pupils who have accessed in a school for the course P3, reserved data of the life of the persons, related to an intimate sphere, cannot be considered own and reserved area of the knowledge of the others, not enjoying therefore the consideration of intimate data. In the case brought up, the access can be conceded to the requested data without the need for introducing other data that appear in the administrative report and that could be considered intimate data.
01/01/2010
- SECTORIAL AREA
- Education
- Administrative procedure
- Data subject
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- Education centre
- TRANSPARENCY
- Right of access to information
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