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646 results were found for your search terms HABEAS DATA RIGHTS
Public and/or free exhibition disposal of the lists of the electoral roll in the electoral colleges
CNS 9/2011
In attention in what orders the article 2.3.a) of the LOPD, the public exhibition and/or the free disposal of the lists of the electoral roll in the electoral colleges, has to be understood subjected to that that he orders the LOREG and its regulations of development, without harm of the necessary respect for the fundamental right to the protection of particulars. The regulations applicable to the treatment of the data of the voters in order to exercise the right to vote, that is, the LOREG and its regulations of development, the form determines how the voters have to be able to access the lists of the census, along the electoral process, in a previous way as well as the same day of the elections. The public exhibition of the lists of the census, in the terms pointed out, is legitimate, in accordance with the valid regulations, without harm of the request of exclusion from the data of determinate person, and from the effects that this can entail, in attention in what orders the regulations.
25/02/2011
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
Scope of the exercise of the law of opposition within the framework of the Shared Clinical History
CNS 40/2010
In the context and model of the Shared Clinical History (HCC) full room has to have the exercise upward of opposition, since the consent is not required for the treatment of the data (article 6.4 of the LOPD and articles 34 to 36 of the RLOPD). The law of opposition, that it is necessary to differentiate from other rights I ARCO, it can translate into a limitation of determinate accesses, which would bring a determinate treatment of the information in modular, as it has been configured like this in the model of HCC. The applicable normative frame can condition the scope and the consequences upward of opposition. The casuístic approach of the article 6.4 of the LOPD makes that it cannot give a closed list of which the "motives" that could be considered legitimate to exercise are the law of opposition, or of it are the personal circumstances that which can fit out the exercise upward. The medical criterion results determining in order to evaluate the belonging from giving course to a request of opposition on the part of a patient.
02/12/2010
Consultation of a professional School about the fulfillment of the regulations of data protection
CNS 43/2010
The segregation of the territorial Demarcation Catalan d’un professional School state d’àmbit to constitute a Catalan independent School will entail only the cession, without consent of the ones affected, of the particulars of the persons registered in the professional association with only or main professional address in Catalonia who are suitable, pertinent and non excessive so that they can register in the professional association in the Catalan School, without d’aplicació in this concrete case being the forecasts of l’article 19 of the RLOPD. Consequently, the School will have to give fulfillment to the duty d’informació, as well as the rest of principles and foreseen duties in the regulations in protection of particulars.
30/11/2010
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Corporate administration
- Professional associations
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Corporate administration
- Professional associations
- PRINCIPLES
- Quality principle
- Proportionality
- CATALAN DATA PROTECTION REGISTER
- Data files
- Privately owned files
- Publicly owned files
- File registration
- DATA CONTROLLER
Consultation of a professional School about the fulfillment of the regulations of data protection
CNS 45/2010
The communication of the particulars of the ones registered in the professional association in a professional School of state area that have only or main professional address in Catalonia at the Catalan professional School, can be carried out without having the consent of the ones affected, in so far as the cession has sufficient legal habilitation, although it does not exempt the affected ones from the fulfillment of the duty of information. The regulations do not establish any procedure in particular to carry out the transmission of the data, but in any case it is necessary to adopt the suitable safety measures.
30/11/2010
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Corporate administration
- Professional associations
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Corporate administration
- Professional associations
- SECURITY MEASURES
- PRINCIPLES
- Quality principle
- Proportionality
- CATALAN DATA PROTECTION REGISTER
- Data files
- Privately owned files
- Publicly owned files
- File registration
- DATA CONTROLLER
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
Possibility to publish the particular address of the ones registered in the professional association from a professional school
CNS 32/2010
The diffusion to través d’Internet of data of personal character has to be considered like a communication of data (article 11 of the LOPD). Since the rule applicable to the case (article 10 of Law 2/1974) does not foresee that access is given to the personal datum “adreça particular”, this datum cannot be an object of communication or diffusion on the part of the School unless some other rule coincides with legal rank that fits out the communication or the consent of the headlines. The proposal of the School d’adreçar a writing in the ones registered in the professional association informing that, if they do not communicate in a determinate deadline its professional address the School will publish its personal address in the Register of Registered in the Professional Association, s’ajusta in that substantial in what would be the provision d’un unambiguous consent (article 6.1 of the LOPD), which even in this case could be tacit, with regard to what he foresees, especially, the RLOPD. This, always and when the School informs the ones registered in the professional association of all what requires the regulations.
01/01/2010
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Corporate administration
- Professional associations
- PERSONAL DATA
- PERSONAL DATA
- Identification data
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Corporate administration
- Professional associations
- ACCESSIBLE SOURCES
- PRINCIPLES
- Lawfulness principle
- Consent
Treatment of the data contained in the Catalog of data and electronic documents
CNS 26/2010
S’analitza the supposition in which an organ that requires data obtains a “verificació positiva” of the information, without that s’afegeixi any other information, case that it does not mean a revelation of new particulars and it is not necessary to require the consent from l’afectat; s’analitza also the supposition in which l’òrgan obtains a “verificació negativa”: in this case, or, obviously, if the initial information is modified or s’afegeix any complementary personal datum, produced s’ha a cession or communication of data (articles 11 and 21 of the LOPD). In the case of the negative verifications, the forecasts of the LOPD can give sufficient coverage to the cessions of data, without it being necessary to collect the previous consent of the persons concerned. It is necessary to take into account the forecasts of the Law 30/1992 (article 78.1 and article 71.bis), and the habilitations that transpire from the Law 26/2010 (articles 35 and 36), or sectorial normative d’altra.
01/01/2010
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
Total number of pages: 65