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Cession of data in the reversion of an administrative concession of a municipal service
CNS 14/2011
The communication of data between a private company and a Town Council cannot be protected in a contract of treatment order when its formalization is not proved with the forecasts of the article 12.2 of the LOPD. The communication of particulars linked to the provision of the local service of field of golf among an entity dealer and a Town Council would find habilitation legal in what orders the article 11.2.a) of the LOPD if the citizens was informed duly of the information retiring for the provision of a municipal service. Otherwise, the communication could also find habilitation in 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 that correspond to him as a headline of the service.
28/04/2011
Diffusion of information across internet
CNS 13/2011
The diffusion of information related to a Town Council through internet, when this includes particulars and addresses itself to an indeterminate plurality of addressees, constitutes a cession and, as such, has to be carried out in accordance with the foreseen regime for the communications of particulars. The diffusion of accusing and/or pejorative comments towards the workers of the Town Council can mean, besides, an illegitimate interference in its fundamental right to the honor. In the examined case, the Authority would only be competent to know the data processing personal made by a town councilor of the town council if this took place in exercise of its public functions or, at least, through obtained personal information in exercise of its functions.
15/04/2011
Duty of information about the engraving of the made calls to the local police
CNS 7/2011
When, for the suitable contribution of the ordered services to this police body the engraving of the calls that are made there is necessary, it is necessary to inform previously the affected persons, unless one of the foreseen exceptions contributes to the article 24.1 of the LOPD, this is, that it is a matter of a call within the framework of the functions that the local police have attributed on the subject of public safety or for the persecution of crimes.
10/02/2011
Legitimacy of a communication of data with a Town Council and application of the figure of the person in charge of the treatment
CNS 50/2010
Taking into account the Law 11/2007 (articles 6.2.b) and 9), that he remits to the regime of communication of the LOPD (art.11), and to lack of rule with legal rank that fits out the communication of particulars of the files of l’Ajuntament related to the management of l’IAE in l’Administració that formulates the consultation, the cession requires the consent from the titular physical persons of the data. This consent is, also, necessary for application of what orders the tributary regulations (article 95.1.k) of the Law 58/2003, of 17 December, general tributary). It is necessary to discard the possibility of an order of the treatment being able to be established -l’Administració being the responsible and l’Ajuntament (IMI) l’encarregat of the treatment-, since this does not treat the information “per compte” of consulting l’Administració, but that it is the responsible for the concrete information that it is necessary to deal in the object system of consultation.
19/01/2011
- SECTORIAL AREA
- E-administration
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- DATA PROCESSOR
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- PRINCIPLES
- Lawfulness principle
- Consent
- DATA CONTROLLER
Communication of data of the Municipal Census of Inhabitants to two decentralized municipal Entities
CNS 48/2010
The communication of the particulars that figure in the historical one of the Municipal Census of Inhabitants from a Town Council to some Entities municipal decentralized, without having the consent of the affected ones, it finds sufficient legal habilitation in the TRLMC, in the measure in which it takes place for the exercise of the competence that these entities, subrogated in the position of the town, have attributed to a historical purpose on the subject of linked institutional relations and the knowledge of the address is relevant to be able to identify to the collective of persons who lived there during a period of time concrete.
21/12/2010
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
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
Total number of pages: 64