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231 results were found for your search terms Autonomous community administration
Communication of information on the part of a union to its government organs and affiliates
CNS 26/2009
The possibility of the general secretary of a union as a member of an organ registered in the professional association of one of the competent public entities on the subject of health being able to communicate the government organs and the affiliates to the union the agreements and its interventions in that organ registered in the professional association is brought up. The communication of data to the government organs that govern the union, in accordance with what foresees the article 11.2.c) of the LOPD, is legitimate for the purpose that he justifies it. The communication of data to the affiliates to the union is considered cession of data and would only be it legitimates in the supposition in which it was fitted out by a rule with rank of law, in accordance with what orders article 11.2 to) of the LOPD.
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
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
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
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
Adequacy to the protection of data of a project about violence domestic and of genre
CNS 35/2009
In the project of victims Register of domestic violence and of examined genre, several principles and duties to the LOPD have to be taken into account. The law requires that the purposes and the uses to which it is wanted fulfillment to be given, which are conditioned to be able to be made personal of the information by the treatment, are defined. It is necessary to specify and to specify the particulars that will be treated, especially the qualified ones as sensitive, and to foresee, in relation to the applicable sectorial regulations, in which cases it is necessary to collect the consent of the persons concerned. It is necessary to specify the informative flows that will be produced, as well as to create and to inscribe the corresponding files and to apply the safety measures of high level.
01/01/2009
- SECTORIAL AREA
- SECTORIAL AREA
- Social services
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- PERSONAL DATA
- Sensitive data
- Health data
- Administrative criminal offences
- Gender violence
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- SECURITY MEASURES
- PRINCIPLES
- CATALAN DATA PROTECTION REGISTER
Access to data of handicapped persons on the part of a competent Administration on the subject of work
CNS 39/2009
In the examined case the assignor and the assign, who are part of the autonomic public administration, have differentiated legal status. It is necessary to apply then the regime of data communication foreseen in the article 21 of the LOPD. Consequently, the access founded in the purpose of creating a System of indicators about the situation and evolution in the work world of persons with disability, it is legitimate, from the prospect of the protection of data, because object of the competence of the entity responsible for the file refers to matters coincident with those that they are. In any case, it is necessary to foresee the suitable fulfillment of the duty of information (article 5 of the LOPD); creating the file or files that are necessary to preserve and to treat the personal information of form suitable, and to apply the high level of safety measures to the data processing, as well as to give fulfillment to the duty of secret (article 10 of the LOPD).
01/01/2009
Transfer or international communication of data among the autonomic Administration and delegations in the exterior
CNS 46/2009
The LOPD applies the public administration to itself to the data processing that he makes in Spanish territory. Any communication of data bound for the territory of other countries, will have to take the regime applicable to the international transfers from data (TID), foreseen in articles 33 and 34 LOPD, into account taking the foreseen exceptions and the need into account, if it is proper, of the obtaining of the previous authorization of the director of the AEPD. In particular, the concurrence of the unambiguous consent of the headline of the data or if the TID is necessary for the achievement of a contract between the responsible and the headline of the data, suppositions that allow the communication without requiring the previous authorization are. Regarding the communications that have its origin in the territory of third countries bound for the Catalan Administration, it will govern the internal regulations of the country of origin where the treatment of the data is produced.
01/01/2009
Total number of pages: 24