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726 results were found for your search terms Local administration
Communication from a Town Council of data related to headlines of estates to another Public Administration
CNS 46/2010
A local Public Administration can request, by itself, to access determinate cadastral data protected of the headlines of the estates of the neighboring town, in order to exercise the competences that it has attributed on the subject of fire prevention. This request of information, with general character, should go to the General Direction or managements or submanagements of the Estate Property Register. If, however, he goes to the Town Council of the town in question and this has these data, its cession without consent of the affected ones would be possible if the fire prevention was necessary for the exercise of the same competence, in this case, forest.
13/12/2010
Report in relation to the Project of disposal of a Town Council of creation of a file of videovigilància
PD 43/2010
13/12/2010
Communication of information to a town councilor about debts acquired by the town councilors
CNS 5/2010
The access on the part of the town councilor to a certification issued by the Town Council, positive or negative, in relation to the existence of debts of town councilors with the local Corporation itself who can be a cause of ineligibility or of posterior incompatibility, is adjusted to the demands of the LOPD. In relation in order to contrast the concurrence of causes of ineligibility or of incompatibility, the access to other information, as the ones related to debts not related with the Corporation itself it is not foreseen in the rule with legal rank (LOREG). Therefore, it would be necessary to require the consent from the headline, to lack of another rule with legal rank that gives the sufficient coverage in the access. A possible legitimate access to the data related to debts acquired with other Public Administrations by the town councilors, if it fits to the demands of the LOPD, cannot be discarded which the Town Council should consider in each case.
01/01/2010
- SECTORIAL AREA
- Electoral system
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Possibility to spread images of the development of a full session across Internet in the page "Youtube"
CNS 6/2010
The diffusion of the images of the sessions of the municipal plenum that have public character, or of the parts of the same ones that have this character, it can be conceded on the part of the municipal plenum in accordance with the foreseen habilitation to the article 70 of the Law of Bases of Regime Local and in article 156 of the Text revised of the municipal Law and of local regime of Catalonia. With respect to the possibility that this diffusion is carried out through "Youtube", although the utilization of a tool like "Youtube" facilitates the diffusion all over the world of the images, he does not have to forget that the purpose of the diffusion is the participation of the community local, or or the neighbors of the town. Is recommended to carry out the diffusion through the municipal web in basis at the beginning of proportionality.
01/01/2010
Access to particulars contained in reports of subsidies concession
CNS 8/2010
The data processing that they are responsibility of the Local Council he has to undergo to the whole of duties and principles of the LOPD, in particular, to the general regime of cession foreseen in the articles 11 and 21 of the LOPD. For application of the principle of quality, the communication has to refer only to the data that result from the town councils, in this case, suitable, pertinent and non excessive for the fulfillment of the legitimate purpose to proceed to the payment of the subsidies and, if it is proper, to give fulfillment to the functions of taxation that foresees the applicable regulations. It corresponds to the responsible for the treatment to do an exercise of ponderation, especially in relation to the sensitive data, in order to value which data can be an object of communication. It is recommended to the assignors public administrations and assigns of personal information that, in the measure of the possible one, the exchange of data of the affected ones is protocol·litzi.
01/01/2010
Made possible that the town councils facilitate data of foreign persons of the municipal Census of inhabitants
CNS 10/2010
In spite of that the access on the part of the General Direction of Police, for the exercise of its competences on the subject of control and permanence of the foreigners in Spain, to the data of personal character of the municipal Census of inhabitants related to persons foreign that they are in situation irregular, he can find habilitation to the Disposal Additional seventh of the Law of Bases of the Regime Local, it is not necessary or justified from the point of view of the regulations of data protection, that the town councils communicate of profession To the General Direction of Police the data of the foreign persons who register in the Census. In the rest of suppositions, in accordance with what orders the additional fifth Disposal of the L.O. 4/2000, about rights and freedoms of the foreigners in Spain and its social integration, the obtaining of the data of the municipal Census on the part of the competent administrations that are necessary for the procedure of the foreseen procedures for the mentioned organic Law, has a way specific to access through the data of the Census which the National Institute of Statistics has. In any case, the Agency has also pointed out that, in spite of what has just exposed itself, which constitutes the valid legal regime, the implementation of effective policies of control of the permanence of the foreign persons in Spain considers convenient to attempt to look for a solution which it allows to make compatible in better measure, with the essential contents of the fundamental right to the protection of data.
01/01/2010
Request of particulars on the part of a company to carry out works of maintenance
CNS 13/2010
The data of personal character that figure in the Estate Property Register are given protected by the regulations of protection of particulars, and it is necessary to apply the regime of cessions of the LOPD, taking the forecasts of the Law of the Property Register into account. The company that develops activities destined to the supply of electrical energy, it is titular of a law of real transcendence as the servitude is at the same time regulated in the Law 56/1997 of the electrical sector, for which legitimate access to the data has proteges of the Property Register. With regard to this, the access can be articulated on the part of another company that carries out tasks of maintenance, through an order of the treatment (respecting the forecasts of the article 12 of the LOPD and 20 to 22 of the RLOPD, among others). Of existing municipal competences that required the data processing from the Property Register, beyond the forecasts related to the IBI, the access on the part of the Town Council to these data could, also, remain legitimated.
01/01/2010
Request of particulars on the part of a company collaborator
CNS 14/2010
The data of personal character that figure in the Estate Property Register, are data protected by the regulations of protection of particulars. According to the Law of the Property Register, the Town Council or, if it is proper, other public administrations, can use the data of the owners for the exercise of its own competences, with the limitations derived from the principles of competence, suitability and proportionality (article 52.2.a) of the Law of the Property Register). The communication of the data of the property register in collaborator companies would not be protected by the general regime of cessions (article 11 LOPD) unless the consent of the headlines is counted. The personal access and the posterior personal data processing that the company has to make, if it acts on account of the Town Council, it should articulate through an order of the treatment (article 12 of the LOPD and 20 to 22 of the RLOPD).
01/01/2010
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
Total number of pages: 73