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174 results were found for your search terms Right of information
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
System of hourly control of the staff of a provincial Regional Government through digital imprint
CNS 22/2009
Implantation of a system of hourly control through the digital imprint on the part of a provincial Regional Government. The digital imprint has consideration of personal datum (art. 3 to) LOPD and 5.1 f) RLOPD). Its treatment is considered in agreement with the principles of proportionality and quality of the data (art. 4 LOPD), to be a suitable, pertinent and non excessive treatment in relation to the purpose of to control the fulfillment of the timetable of the workers, without necessary being to have its consent (art. 6.2 LOPD). However, it will be necessary to comply with the rest of principles and duties to the LOPD, especially, the duty of informing (art. 5 LOPD), the modification of the file of "staff" or, the creation and inscription of a specific file for this treatment (article 20 of the LOPD) and the adoption of exigible safety measures, and if, the application of additional measures in attention to the nature of the treated information and the predictable risks, is proper.
01/01/2009
- PERSONAL DATA
- PERSONAL DATA
- Biometric data
- Fingerprint
- Identification data
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Local administration
- Provincial council
- SECURITY MEASURES
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
- CATALAN DATA PROTECTION REGISTER
- Data files
Data processing for a mercantile entity adjudicator of a service of a public entity
CNS 6/2009
The mercantile entity adjudicator of a social service of telephonic attention has the condition of person in charge of the treatment if it does not decide about the purpose, contents and use of the treatment and like this it is indicated in the administrative contract that it is formalized for the provision of the service, following the forecasts of the article 12.2 of the LOPD. Otherwise, he will be considered responsible for the treatment. The fulfillment of the duty of information corresponds to the mercantile entity with character previous to the recording of the telephonic conversation. In case calls of emergency are produced the exception of the duty could always operate for information for its linking to the public safety (article 24.1 of the LOPD) and when the data processing personal it keeps in the margins of the determinate, explicit and legitimate purpose for which the data have been obtained.
01/01/2009
Implantation of hourly control system through digital imprint in a Public Administration
CNS 9/2009
Implantation of a system of hourly control through the digital imprint on the part of a public administration. The digital imprint has consideration of personal datum (art. 3 to) LOPD and 5.1 f) RLOPD). Its treatment is considered in agreement with the principles of proportionality and quality of the data (art. 4 LOPD), to be a suitable, pertinent and non excessive treatment in relation to the purpose of to control the fulfillment of the timetable of the workers, without necessary being to have its consent (art. 6.2 LOPD). However, it will be necessary to comply with the rest of principles and duties to the LOPD, especially, the duty of informing (art. 5 LOPD), the creation and inscription of the file (art. 20 LOPD) and the adoption of exigible safety measures, and if, the application of additional measures in attention to the nature of the treated information and the predictable risks, is proper.
01/01/2009
Consideration of a private foundation, adjudicator of a public service, as a person in charge of the treatment
CNS 12/2009
Possible consideration of a private foundation, adjudicator of the rendering of services social, as a person in charge of the treatment and fulfillment of the duty of information. The private foundation would have the condition of person in charge of the treatment whenever it does not decide about the purpose, contents and use of the treatment and it is indicated in the administrative contract that it is formalized for the provision of the welfare services, and in the same contract the forecasts of the article 12.2 of the LOPD are collected. Otherwise, she will be considered responsible for the treatment. The fulfillment of the duty of information foreseen in the article 5 of the LOPD corresponds to the entity that collects the data of personal character and with character previous to the collection.
01/01/2009
Realization of psychotechnical tests in educational institutions agreed on by a company
CNS 38/2009
The lender company of services of psychological evaluation in educational institutions acts as person in charge of the treatment, if the requirements of the article 12 of the LOPD are fulfilled. The existing bond between the company and the pupils is born due to the order. Since this relation is necessary to carry out the provision of the service, a new bond between the company and the pupils, not being of application the article 20.1 of the RLOPD, is not established. The data of the psychotechnical evaluations, which contain data of psychological character, will have consideration of health data (articles 7.3 of the LOPD and 5.1.g) of the RLOPD). For the realization of psycopedagogic works, the centers do not need the previous consent of the legal tutors of the pupils, given the existence of legal habilitation to treat the data of the pupils that are necessary for the exercise of the teacher functions and guiding, whenever the treatment is necessary for the exercise of these functions. This does not exclude the duty to give fulfillment to the duty from information (article 5.1 of the LOPD).
01/01/2009
Cession of data of registered in the professional association in the corresponding Council of professional schools
CNS 41/2009
The communication of particulars of registered in the professional association, from a professional School in the corresponding autonomic Council of professional schools it does not require the previous consent of the ones affected if it is necessary to control the fulfillment of the regime of incompatibilities, and it will be legitimated by the article 21 of the LOPD. The existence of legal habilitation to communicate the data does not exclude fulfillment to the duty of information (article 5 of the LOPD) from the duty to face.
01/01/2009
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
Total number of pages: 18