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1,349 results were found for your search terms ENTITIES
Communication of data of workers to the Works Committee, Committee of direction and stockholders of a public company
CNS 30/2009
The communication of data to the Works Committee has to be carried out in agreement the regime established in the article 11 of the LOPD; with general character the Statute of the Workers does not recognize expressly the representatives of the workers the right to access the whole of all the information about economic and work conditions associated with each concrete worker. The Committee of Direction can only have the right of access to the data in so far as this is necessary for the achievement of the functions that they have assigned, respecting in principle of quality (article 4 LOPD). With general character, the law of information in favor of the stockholders, it does not include a general communication of the data of all workers, and it can only be considered that there can be habilitation for the access of the stockholders in concrete suppositions and with respect to the data of determinate workers.
01/01/2009
Communication to the Works Committee of the data of a mercantile contract of autonomous worker
CNS 31/2009
The communication of particulars included in the mercantile contract formalized with an autonomous worker to the Works Committee has to be carried out according to the regime of article 11 LOPD. Neither the Statute of the Workers nor the Statute of the autonomous work contain general forecasts that fit out the communication of particulars included in the mercantile contract with the exception of the supposition related to the economically dependent autonomous workers. Out of this exception, with general character, it is necessary to have the consent of the person concerned in order to communicate its data.
01/01/2009
Incorporation of disabled persons data in the Catalog of data and electronic documents
CNS 32/2009
The incorporation of particulars about disabled in the Catalog of Data and Electronic Documents for his put at the disposal of the interested public administrations it constitutes a communication of data. Consequently, so that the communication of data is legitimate it will be necessary to analyze if the express consent is counted on, habilitation is counted in accordance with the article 21 LOPD, or if there is a law that fits out the cession. In case the consent is necessary, this will have to be conceded expressly, in accordance with the article 7.3 LOPD. In any case, the determination of the particulars that can be an object of communication and of posterior treatments will have to respect the principle of quality of the data, ex article 4 LOPD and to guarantee the confidentiality of the data through the application of the suitable safety measures, which in this case will be of high level.
01/01/2009
- SECTORIAL AREA
- E-administration
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- PERSONAL DATA
- Sensitive data
- Health data
- ENTITIES
- Public administration
- Autonomous community administration
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
Cession of data of the relatives of minors given in a hospital, to requirement for the public administration
CNS 1/2009
The possibility of a hospital being able to hand over, requirement for the competent public administration on the subject of protection of minors, data of the relatives of the given minors is brought up. The regulations about protection of the minors allow all the information that is pertinent, including the one related to the environment family of the minor, to consider that the competent public administration has legal habilitation to access. Even so, the indiscriminate or generalized access to all data of the relative of the minor of which he orders the hospital, contrary at the beginning of quality (article 4 of the LOPD) could work out, since any access to the data has to be proportionate. Therefore, it is advisable that the hospital carries out a previous exercise of ponderation, and values, out of all the information which it has about the relative of the minor, which of this information can be relevant for the fulfillment of the legitimate purpose of informing about the situation of risk of the minor.
01/01/2009
Legitimation of a town council to access particulars of its workers and that they find on being able of another administration
CNS 2/2009
Access on the part of a town council to relative particulars to the coverage of the provision of sanitary assistance through the General Regime of the Social Security of its workers and of the beneficiaries for these. The managing public entity of the benefits of the public sanitary system in Catalonia jar, in exercise of its functions of business agent of these benefits, to communicate or to hand over to a town council the consistent particulars in the membership or not to the General Regime of the Social Security of the civil servant persons of this town council or of the persons that are from it beneficiaries, in order to fight against the fraud in the perception of incompatible benefits in the different regimes of the system of the Social Security. The town council can communicate this managing entity the mentioned particulars in order to comply with its duties on the subject of Social Security.
01/01/2009
Utilization of particulars on the part of a municipal town councilor
CNS 3/2009
Doubts are brought up about the possible utilization on the part of a town councilor of identificatives data of determinate persons who have been given of casualty of the municipal census of inhabitants. The right of access to the information exercised by the town councilors has limitations, but a limitation a priori and with general character, with respect to the particulars in those that can access, does not fit to the regulations about law of access nor is exigible from the prospect of the protection of data. The posterior utilization of the particulars, obtained legitimately by the town councilor, has to found in a determinate, explicit and legitimate purpose. The legitimate access does not fit out another purpose that differs to use the data for any or cannot be considered subsumible in the first purpose and legitimate that founds the treatment. A change of purpose will require to have the consent of the persons concerned or with a habilitation legal.
01/01/2009
Cession of data that can develop the religion or the personal beliefs
CNS 4/2009
Cession among public administrations of particulars that can develop the religion or the beliefs of the affected persons. The data processing that can develop the religion or the beliefs of the affected persons requires in any case the previous, express consent and in writing of the same ones, ex article 7.2 LOPD.Si well in two concrete suppositions it goes to a special conclusion, it is necessary to be to the general rule according to which, when treats itself of communications for purposes non foreseen in the moment of the obtaining of the consent in the collection of the data the communication of data will require the express consent and in writing or the previous anonimització.
01/01/2009
Request of information that a deputy of the Parlament de Catalunya formulates to a Public Administration
CNS 5/2009
A deputy of the Parliament sol•licita to have access to the data contained in the reports related to reports of protection of minors. It is necessary to make the law of access of the deputies to the information of which he orders the public administration, with the protection of particulars, compatible. The Regulations of the Parlament de Catalunya constitute, the legal habilitation necessary for the cession of the data without the consent of the persons concerned, with general character without harm of the fulfillment of the principles and foreseen duties in the LOPD. Since the reports include data especially protected or sensitive, it is considered exigible in this case to dissociate or to anonymize the information in a way previous to the communication to the deputies of the Parliament, in order to not allow the identificabilitat of concrete physical persons. It will be necessary also to determine the concrete system of coding or anonimització and the concrete way of giving access to the information.
01/01/2009
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
Creation and modification of files of a private University linked to the exercise of public functions
CNS 7/2009
Creation and modification of the files of a private University linked to the exercise of public functions. All the created files by the titular Foundation of a private university that is part of the university system of Catalonia are considered private files, ex article 5.1.l) of the RLOPD, for which the applicable juridical regime is the foreseen one in the chapter II of the LOPD (arts. 25 to 32), as well as, regarding the notification and inscription of the files, in the chapter II of the title V of the RLOPD. The creation, modification or suppression of files will have to be made in accordance with the rules of organization and functioning of the University itself -the articles 20.1 LOPD and 52 RLOPD- not being applicable, and the files will have to be set in the Register of Data Protection of Catalonia.
01/01/2009
Total number of pages: 135