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726 results were found for your search terms Local administration
Cession of particulars in a company lender of the service of supply of potable water
CNS 37/2010
The Town Council is legitimated for communicating the datum NIF of the persons subscribed by the municipal service of supply of water in the service of supply of water contained in the Census of Inhabitants, in the supplying company, so that this manages the payment of the rate, just in the case that the consent is counted of the the affected persons (art. 11 LOPD). On the other hand, the Town Council is legitimated for communicating the datum NIF of the persons subscribed in the service of supply of water contained in the file of the Tax about Real Estate, in the supplying company, so that this manages the payment of nature income tributary, in accordance with what establishes the article 95 of the LGT, whenever the Town Council has established a contract of order of the treatment with the dealer company (art. 12 LOPD).
01/01/2010
- SECTORIAL AREA
- Water supply
- Municipal Population Register
- Public services
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Data processor
- PERSONAL DATA
- PERSONAL DATA
- Identification data
- National Identity Document
- DATA PROCESSOR
- ENTITIES
- Public administration
- Local administration
- Council
- Concessionaires
Access of the town councilors to the register of entries and exits of the Town Council and other documents, and limits to the utilization of the data
CNS 38/2010
The access to the data of personal character contained in the register of entry and exit of documents of a Town Council, on the part of town councilors of the corporation, will be legitimate if he limits itself to the data necessary for the exercise of the functions that attributed and they can only use themselves for the fulfillment of the determinate, explicit and legitimate purpose that has generated the access to the data, in this case, the necessary development of the functions that correspond to the town councilors who make the request of information.
01/01/2010
Data processing personal carried out by the instrumental entities of a Town Council
CNS 17/2010
The communication of data between a Town Council and an instrumental entity has to undergo the general regime established in the LOPD (articles 11 and 21). In the suppositions in which it is not ordered of habilitation in accordance with these articles, the access to particulars that are treated under the responsibility of the Town Council on the part of an instrumental entity, through the formalization of an order of the treatment (article 12 of the LOPD), can be legitimated. It is insufficient to the effects of formalizing an order of the treatment, the substitution of the foreseen contract in the article 12 quoted by other types of instructions and orders given to the instrumental entity by the responsible, since these do not fit to the demands of the foreseen regime in the LOPD for the figure of the person in charge of the treatment, that an agreement of wills requires.
01/01/2010
Use of the census on the part of the auditors of the political parties accredited in the boards in an electoral procedure
CNS 20/2010
The political parties have the right to obtaining a copy of the electoral roll d’acord with the that l’article 41.5 of the Organic Law establishes 5/1985, of 19 June, of the General Electoral Regime, although the use of this census has to limit itself to the foreseen purposes in the same LOREG, being able to without to that the auditors to the polling stations on the day of the vote can, to split d’aquesta list, to control the persons who have not gone to exercise the right to vote in order to ask for them who go to vote, practice that of hard-him to term it would affect clearly the privacy of the persons since it can condition in an unjustified way the free and secret character of the right to vote.
01/01/2010
- SECTORIAL AREA
- Electoral system
- Electoral roll
- 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
- Political parties
- PRINCIPLES
- Duty of secrecy
- Lawfulness principle
- Consent
- TRANSPARENCY
- Right of access to information
Request of a town councilor, who asks for copy of a report that is found judicial in headquarters
CNS 21/2010
The access to the municipal administrative report related to the object subject of consultation has to be accessible to the town councilors in order to be able to exercise its functions, and has to distinguish from the access to the previous diligences of a penal cause instructed by a Court of Instruction. Apart from suppositions of denial motivated of access, foreseen in the regulations, the existence of a litigious secret makes impossible the access of the town councilor to the information, in the same way that if the Town Council is not a part in the cause. In case the Town Council is a part in the cause, an access could be produced to the applicant town councilor always and when the access is produced within the framework of a legitimate purpose, determinate and explicit, as the development of legally attributed concrete functions, as the case would be of functions directly linked to the penal process, for example. It is necessary to take especially the principle of quality into account.
01/01/2010
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Purpose limitation principle
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Request of information of a town councilor about the situation of the municipal taxes to name of town councilors
CNS 22/2010
The information requested for town councilor is directly related with the management that the Town Council itself makes of the municipal tributes, and therefore, the information is not foreign to the functions themselves of the town councilors -who are a part integral of the town council-, among which the one is of controlling that the management of the municipal tributes is carried out in a way adjusted to the regulations. The access of the town councilors to the information about the situation of the municipal taxes to name of the town councilors, can be considered legitimate, since it can result from control of the activities of the Town Council itself necessary in order to carry out those functions that correspond to them, or the general function in relation to the management of local tributes, or, if it is proper, for functions specific to management that can have attributed the town councilor in question.
01/01/2010
Several questions related to the figure of the person in charge of the treatment
CNS 23/2010
A Town Council can sign a contract of person in charge of the treatment (article 12 of the LOPD) with a company to carry out the provision of a municipal service, whenever the provision of the service has a file of public titularity that he foresees as a purpose and collects the particulars that are necessary, and the treatment of these data on the part of the company is on account of the Town Council. The person in charge (the company) will be able to access the data on being able of the Town Council that they are necessary to loan the service and the Town Council will be able to access all the personal information that has treated the company in the provision of the service. The communication of data from the private files of the company in the Town Council can find habilitation in the article 11.2.c) of the LOPD. The communication of data between the Town Council and its autonomous organizations can find habilitation in the article 21 of the LOPD.
01/01/2010
Right of access to the municipal information on the part of town councilors of the opposition
CNS 24/2010
The town councilors of a Town Council, members or not of the government, they can have access to a listing with the address of the workers of the adjudicator company of a work funded with the special background created by the State for the dynamization of the economy and the employment, in case this Town Council has this information in its power, by virtue of the law of access to determinate information municipal that the LRBRL (article 77) only concedes them, but for the exercise of its functions of control and whenever the principles and duties to the LOPD are been, in particular, the principle of quality of the data and the duty of secret.
01/01/2010
Consultation of an Association about the responsibility of the data linked to the provision of the municipal service of dance on the part of the Association, and about the data of the service that the Association can communicate to the Town Council
CNS 25/2010
Given the lack of formalization of a contract of person in charge of the treatment in the terms of the article 12 LOPD, responsible for the information collected on the occasion of the provision of the municipal service of dance so much has to be considered the Town Council, headline of the service, how the lender entity of the same. The data collected by the lender entity of the service with occasion of this, they can be communicated to the Town Council with the consent of the persons affected, if these were duly informed about the municipal titularity of the service in the moment of the collection of the data, or in accordance with what establishes the article 11.2.c) of the LOPD, in so far as it is a matter of information that has to be communicated to the municipal entity for the exercise of the functions of control about the service that it has attributed.
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: 73