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726 results were found for your search terms Local administration
Taxation of information associated with the calls carried out from telephones of the Town Council
CNS 47/2009
It is proposed if an auditor of a Town Council can control, without express authorization and through the bills of telephone which it has, to that one who calls to himself, and/or attempt to find out the motive of the call. The exercise of the function of control and taxation of the municipal auditors does not run out exclusively on controlling the amount of the bills, but it could reach all those operations and necessary performances to give fulfillment to the auditor functions, of financial control and of control of efficiency. The knowledge on the part of the auditor of the personal information in question, although not in a generalized way, yes it can be adjusted to the principles of the LOPD in concrete cases. The knowledge on the part of a court qualifier -what the auditor takes part in-, the information could request, as such, that it works out necessary for the fulfillment of its functions. In any case, the Town Council has to keep vigil so that its workers and charges treat the particulars suitably.
01/01/2009
Private use of the electronic mail of the job
CNS 49/2009
The Town Council can exercise a control of the tools of work, among which the electronic mail is found, when this control has the maintenance of the computer and telematic infrastructure of which he orders the Town Council as a purpose, to verify the fulfillment on the part of the workers of its work duties, or to coordinate and to guarantee the continuity of the work activity in the suppositions of absence of the workers. In application of the principle of quality (article 4 LOPD) it is necessary to determine the performances of control depending on the purpose that is pursued in each case and to choose the less intrusiu system for the particulars. It also becomes necessary to inform clear and previously to the workers about its duties, the implanted safety measures, as well as the scope of the control about the tools of work.
01/01/2009
Right of access to municipal information for a town councilor of the opposition
CNS 51/2009
The access to the information contained in the census of inhabitants, the minutes of the sessions of the local Executive Council and in the general account of the Town Council on the part of a municipal town councilor it can agree protected by the right of the town councilors to consult the documentation of what orders the Town Council necessary for the exercise of its functions, including the data of personal character contained in the information that they request, independently of its condition of members of the government or of the opposition. This without harm of the fulfillment of the principle of quality of the data (article 4 of the LOPD) and the duty of secret of the town councilors who have access (article 10 of the LOPD) there, and the rest of applicable regulations.
01/01/2009
- SECTORIAL AREA
- Files and documents
- Municipal Population Register
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Duty of secrecy
- Purpose limitation principle
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Legality of giving advertising to the contents of the cards of the Register of Interests
CNS 16/2008
The data of the municipal Register of Interests can constitute data of personal character and the principles and guarantees of the legislation of data protection therefore result from application. Taking into account the general regime of communication of data of the LOPD (article 11), it does not seem that there is a rule with rank of law that he fits out with general character a publication of the data of the Register of Interests in a bulletin municipal, without having the consent of the headline of the data, out of the expressly foreseen suppositions of access to the data in favor of the members of the corporation and of the persons that prove an interest legitimate and direct, and therefore to spread the data of form generalized it would work out contrary to the forecasts of the LOPD.
01/01/2008
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
Access to the data of the municipal census on the part of a Department of a Town Council to spread a program of formation.
CNS 19/2008
The municipal census of inhabitants is a register that is configured like a data base of personal character, and therefore the organic Law 15/1999, of 13 December, is to him of application of Protection of personal character data, and therefore it will be necessary to take into account the principles and disposals that restrain themselves in this rule, besides what orders the applicable sectorial regulations. The Department of the Town Council, in exercise of its functions, is legitimated to access data of the municipal census. In the writings through which it spreads the formative program has to give fulfillment to the duty of information of the article 5 of the LOPD to itself.
01/01/2008
Installation of electronic cashiers to carry out some administrative formalities, among others the obtaining of steering wheels of census
CNS 21/2008
The utilization of electronic terminals that allow to obtain steering wheels from census directly for the citizens constitutes a service of electronic administration the admissibility of which in principle would not bring up problems from the point of view of the regulations of data protection, whenever the measures adapted to their using this service to guarantee the identification and authentication of the persons are adopted. In this sense the utilization of systems based on the electronic DNI or other systems of advanced electronic signature is recommended. The nature of the treated data attended to, an identification system based on an identificatiu user and a password previously could also be admissible conceded by the Town Council.
01/01/2008
Possibility to publish the minutes of the Plenum and of the Executive Council on the municipal web
CNS 3/2008
The publication of sessions events on the web that data of personal character do not contain, or when these limit themselves to the data of the town councilors and the civil servants who intervene in it due to its charge people do not see limited by the regulations of data protection. However, when the minutes include data of personal character, its publication constitutes a data processing personal and therefore he undergoes the LOPD. Events of the Executive Council: the sessions are not public and the access to the minutes is only possible for persons legitimated in accordance with the LRJPAC; events of the plenum: the sessions are public but of this it cannot become detached that the minutes of the sessions can be spread on the web. It will be necessary that a law fits it out (art. 11 LOPD).
01/01/2008
Publication on municipal web of the minutes of sessions of the Plenum and of the agreement signed with a company
CNS 4/2008
The publication of sessions events on the web that data of personal character do not contain or when the particulars limit themselves to the data of the town councilors and the civil servants who intervene in it due to its charge, does not see limited by the regulations of data protection. However, when the minutes include data of personal character, its publication constitutes a data processing personal and therefore he has to undergo the principles and guarantees of the LOPD. Regarding the diffusion of the agreement with particulars different to those of the persons who sign it, it can only be published if there is specific legal coverage and whenever there is not another more respectful means with the protection of data.
01/01/2008
Access to determinate information about calls carried out by the team of municipal government
CNS 9/2008
The telephone numbers of services of additional rating can constitute data of personal character. The town councilors of the Town Council have a right of access to the information, and therefore the faculty of consulting determinate documentation of which he orders the Town Council. The access of the town councilors to the numbers of additional rating could be understood adjusted at the beginning of quality if the purpose that the request is founded in refers to its legitimate function of control and taxation. Given the possibility to generate a profile of determinate persons, it is recommended to appraise options to give sufficient information without identifying the titular person of the telephone.
01/01/2008
Total number of pages: 73