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Cession of data of the Census to another public administration for the exercise of functions on the subject of patrimonial management
CNS 36/2012
The communication of data contained town council to another public administration in the Census from d’un, without consent of the affected ones, requires that it is carried out for l’exercici of the legally attributed competences and for matters in which l’adreça is a relevant datum. In the examined case, it could be sufficient to communicate the identificatives data of the persons who live in the request addressed to l’ajuntament in each of the houses which are referred to necessary for l’exercici of the alleged competence.
12/07/2012
- SECTORIAL AREA
- Municipal Population Register
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- PRINCIPLES
- Purpose limitation principle
- Quality principle
Engraving and posterior diffusion for internet of the plenum of a local corporation, carried out by the assistant public in the same
CNS 32/2012
It corresponds to l’alcalde of the corporation, d’acord with what establishes the municipal organic Regulations, to decide about the possibility to engrave the sessions of the plenum of the corporation that they have public character, d’acord with the principle of proportionality. The catchment of the images of the plenum on the part of assistant persons to the public is part of competence l’àmbit of l’Agencia Española de Protección de Datos.
29/06/2012
Access to the data of the accusing person
CNS 30/2012
Since the person who requests the information is the holder of the denounced commercial establishment, it is necessary to recognize the condition of person interested in the procedure in progress for him; this condition gives the sufficient legal coverage to access to the report (article 35.a) LRJPAC), without the consent of the denouncer. In relation to closed reports, the denounced one has a legitimate and direct interest, for which there is habilitation for the communication of the data, without the consent of the denouncer (article 37.3 LRJPAC). All this, without harm of the exercise of the rights I ARCO on the part of the denouncer, specifically, upward of opposition.
26/06/2012
Engraving of the municipal plenums and diffusion across internet
CNS 25/2012
D’acord with the Organic Law 15/1999, of 13 December, of protection of personal character data, the diffusion of the sessions of the Plenum of the Corporation would constitute a communication of data that it would be protected in that that he orders l’article 11.2.a) of the LOPD. This communication would be fitted out by l’article 70 of the Law of Bases of Regime Local and for l’article 156 of the text revised of the municipal Law and of local regime of Catalonia, feature d’aquelles sessions or part of the same ones that can affect the right to l’honor, privacy and own image.
06/06/2012
Access to the data of the accusing person
CNS 23/2012
In attention to the regime of cession of the LOPD (article 11), since the person who requests the information is the owner of the terrains where the facts would have been produced, it seems that it is necessary to recognize the condition of interested person of this owner. This condition gives the sufficient legal coverage for the communication of the data, for application of the article 35.a) of the LRJPAC, without the consent of the headline being necessary. In case it is about a closed report, the applicant as interested person, it has a legitimate and direct interest in relation to the report, for which the article 37.3 of the LRJPAC gives the sufficient habilitation for the communication of the data without the consent of the headline being necessary. The Town Council has to ensure to the headline of the data the possibility to exercise the rights I ARCO, and to give fulfillment to the duty of information (article 5 of the LOPD).
21/05/2012
Access of a citizen to the Register of interests of the Town Council
CNS 22/2012
The citizens who accredit to have a legitimate and direct interest, d’Interessos of l’ajuntament, without the need for consent of the affected persons, can enter the particulars contained in the Register since this access is found valid skill for the regulations on the subject of regime local. It is l’Ajuntament, as in organ responsible for the register d’interessos who the origin d’aquest will have to value access, in view of legitimate and direct l’interès that proves the citizen.
16/05/2012
Management mechanized of the consultations, complaints and suggestions made by the citizens
CNS 19/2012
The management mechanized of consultations, complaints and suggestions of the citizens on the part of l’ajuntament, in so far as it entails the data processing personal, l’obliga to give fulfillment in the principles and duties established in the regulations of protection of particulars.
02/05/2012
Communication of the data of the workers ascribed to a municipal company to another public administration
CNS 13/2012
D’acord with the competences that the valid legislation in matter d’aigües attributes him, public l’empresa can require to a town council the information of the ascribed workers to its system of sanitation that is necessary for the preparation and the delivery of the background d’explotació for l’any 2011. L’accés with this purpose but could be seen satisfied with a certificate of the cost of the staff ascribed to l’EDAR, identified by categories, or even with non decipherable identificatius codes for third, without including identificatives data there. In case public l’empresa requests the data for l’exercici of the functions of control that attributes him legislative Decree 3/2002, for that s’aprova the Text revised of the law of public finances, he can access the necessary information to carry out this function, although in a proportionate way to the purpose pursued with the inspection, without under no circumstances an indiscriminate access to all the personal information of the workers being able to be carried out.
27/04/2012
- SECTORIAL AREA
- Subsidies
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Public company
- PERSONAL DATA
- Anonymised data
- Sensitive data
- Health data
- Employees' data
- ENTITIES
- Public administration
- Local administration
- Council
- Public company
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
Access to the data of the owners affected by the plan of urban improvement on the part of the promoting entity
CNS 17/2012
Promoting L’entitat flat d’un of urban improvement, in its condition of interested person, he can access the data name, surnames and address of the owners affected by this plan in order to carry to term the necessary notifications to constitute the Board of compensation, in so far as d’una is treated necessary information so that l’entitat, as an owner of the major part of the affected constructions, can take validly the initiative of the modality of basic compensation, d’acord with TRLU. This access, fitted out by the LRJPAC, does not require the consent of the affected ones.
27/04/2012
Publication of edicts or advertisements in the electronic headquarters of the Town Council
CNS 20/2012
Within the framework of the principles and duties established in the LOPD, the publication or diffusion in the electronic headquarters of l’Ajuntament of determinate edicts or advertisements that they contain particulars will be correct when the consent of the headlines of the data is had, or when this diffusion s’emmarqui or it brings cause, between d’altres, of the foreseen suppositions in the regulatory regulations of the local regime or in the regulations related to a procedure concrete, since in these cases the corresponding legal habilitation, to the effects of l’article 11.2.a, is had) of the LOPD. Particularly, it is necessary to adapt the diffusion of particulars through the electronic board d’anuncis of l’Ajuntament at the beginning of quality of the data (article 4.1 LOPD).
24/04/2012
Total number of pages: 64