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Communication on the part of a town council of particulars of the workers to the Committee of Staff
CNS 14/2012
S’analitzen several suppositions of communication of data (article 11 of the LOPD) in l’òrgan of representation of the workers, in particular, data of the basic copy of the contracts, of the extraordinary times, of the documents TC-1 and TC-2, of the picture of remunerations, as well as information contained in the municipal budgets. S’especifica that, in case l’Ajuntament does not communicate particulars of workers to l’òrgan of representation in the context of l’exercici of the union freedom, when the consent is had or when there is the sufficient habilitation, this organ will be able to exert, if it is proper, the legal actions that the regulations that regulate l’exercici of the rights foresee union-related or other regulations that foresee the regime d’accés and the advertising of determinate municipal information. Also, if it is proper, the corresponding administrative or contentious resources will be able to be shown, in relation to the information related to the workers subjected to the administrative law.
10/04/2012
Confidentiality of the passwords of electronic mail
CNS 15/2012
L’adreça of electronic mail and the personal rest d’informació that can restrain itself in the electronic mail are data of personal character and its treatment undergoes the LOPD. The system of passwords change of corporative electronic mail used by l’Ajuntament not s’ajusta to the demands of the LOPD and the RLOPD, since it does not allow to ensure the correct fulfillment of the applicable safety measures, in particular, in relation to the necessary confidentiality of the passwords. It is necessary that l’Ajuntament revises the procedure d’assignació, distribution and current storage of passwords, in order to guarantee the necessary confidentiality and the integrity, ensuring like this the correct fulfillment of the safety measures (especially, the articles 91 and 93 of the RLOPD), and make it be figured suitably in the document of security (article 88 of the RLOPD).
10/04/2012
Communication on the part of a town council of particulars of the workers in the union sections
CNS 2/2012
In relation to the several suppositions of communication of data brought up, and following the regime of data communication according to which the consent of the headlines is necessary unless the cession is in a law (article 11 of the LOPD) foreseen, s’analitzen the possible legal habilitations with regard to the forecasts of the applicable regulations and of the principles of the protection of data. In the cases in which the consent is necessary by lack d’habilitacions legal that allow the communication, it is reminded that this has to be express in relation to the sensitive data (article 7 of the LOPD). Also s’analitza the belonging, in several suppositions and depending on the information requested, of l’alternativa of substituting the name and surnames of the concrete worker for a numeric coding. All this, without harm of the communication of data in a generic way and not individualized, without making the workers or affected civil servants identifiable.
24/02/2012
Use of the corporative electronic mail on the part of the union sections
CNS 7/2012
With respect to l’ús for the union Sections of the corporative electronic mail to send information to the workers, the LOLS contains sufficient habilitation so that the union Sections with representation in l’Ajuntament direct information to the workers, independently that they are affiliated or of if their wishing to receive the information, whenever the information is of union and work nature. This, without harm of l’exercici of the law d’oposició on the part of the workers.
24/02/2012
Publication of deceased persons data in the municipal web
CNS 5/2012
The regulations of data protection are not of application to the deceased persons. Therefore, the publication of the data related to the name, age and photograph of the deceased, together with the fact of its death, it does not require the consent of the family, but this consent is necessary for the publication of the place and dates from the celebration of the funeral, since information about an event that is part of the family life that, even, it could reveal is given data related to the beliefs, not only of the deceased person, but also of other most next members of the family or environment of the deceased person.
17/02/2012
Access to the data of the Census from the General Register of the Town Council
CNS 3/2012
The import of particulars of the Census from the Register of entry and exit of documents of a same local entity, so that this speeds up the management of the administrative procedures, in the exercise of the municipal competences that the legislation of local regime attributes him, and when the address datum is relevant, is one in agreement with the LOPD in the measure that this purpose is compatible with that of the Census. The update of the address datum of the Census, if detects itself a discrepancy, it would not work out in agreement at the beginning of purpose of the data, without harm that this fact can put on in knowledge of the citizen so that he starts the corresponding formalities to modify its data of the Census, as well as that the town council can make the performances and checks that he considers convenient to keep it updated.
07/02/2012
- SECTORIAL AREA
- Municipal Population Register
- Register entry and exit of documents
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Provincial council
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Local administration
- Council
- Provincial council
- PRINCIPLES
- Purpose limitation principle
- Quality principle
Access on the part of a town councilor to the Register of interests of the Town Council
CNS 1/2012
The town councilors of a town council, like this as those citizens who accredit to have a legitimate and direct interest, they can access the particulars contained in the Register of interests of the town council, without the need for consent of the affected persons, since this access is found valid skill for the regulations on the subject of regime local. In any case, it will be necessary to respect the limits in the access established by these same regulations.
23/01/2012
Cession on the part of a town council of particulars of its workers in the union sections
CNS 39/2011
For application of the regime of communication of particulars (article 11 of the LOPD), the consent of the headline of the data for its cession in the organs of representation of the workers is necessary, unless the cession finds rank of law foreseen and fitted out by a rule. Several suppositions of communications of data that can work out fitted out, with regard to the forecasts of the applicable regulations and of the principles of the protection of data, are analyzed. Other suppositions that require the consent of the headlines are analyzed, which it will have to be express in relation to data especially proteges (article 7.3 of the LOPD). All this, without harm that is communicated to the representatives of the information workers in a way generic and not individualized, so that the headlines cannot be identified.
23/01/2012
Communication of data on the part of the dealer of a public service in the town council that is titular of the service
CNS 36/2011
The Town Council, as titular public administration of the service, will be able to access all the personal information that has treated like management of sport facilities the dealer entity for the provision of the service. The communication of particulars from the files of private titularity of the dealer entity in the Town Council could find habilitation in the article 11.2.c) of the LOPD, if the customers of the dealer entity, in the moment of giving its particulars, know the municipal titularity of the service, in so far as these data are necessary to be able to develop, to fulfill and to control the juridical relation that the company maintains with them and that they have freely accepted. The Town Council, as an assign of the data that the dealer entity facilitates him, taking into account that it has not collected the data directly of the person concerned, should comply with the duty of information in accordance with the section 4 of the article 5 of the LOPD, unless the interested persons have been informed of it formerly.
22/12/2011
Communication of data on the part of the dealer of a public service in the town council that is titular of the service
CNS 37/2011
The Town Council, as titular public administration of the service, will be able to access all the personal information that has treated like management of sport facilities the dealer entity for the provision of the service. The communication of particulars from the files of private titularity of the dealer entity in the Town Council could find habilitation in the article 11.2.c) of the LOPD, if the customers of the dealer entity, in the moment of giving its particulars, know the municipal titularity of the service, in so far as these data are necessary to be able to develop, to fulfill and to control the juridical relation that the company maintains with them and that they have freely accepted. The Town Council, as an assign of the data that the dealer entity facilitates him, taking into account that it has not collected the data directly of the person concerned, should comply with the duty of information in accordance with the section 4 of the article 5 of the LOPD, unless the interested persons have been informed of it formerly.
22/12/2011
Total number of pages: 64