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Request of particulars on the part of a company collaborator
CNS 14/2010
The data of personal character that figure in the Estate Property Register, are data protected by the regulations of protection of particulars. According to the Law of the Property Register, the Town Council or, if it is proper, other public administrations, can use the data of the owners for the exercise of its own competences, with the limitations derived from the principles of competence, suitability and proportionality (article 52.2.a) of the Law of the Property Register). The communication of the data of the property register in collaborator companies would not be protected by the general regime of cessions (article 11 LOPD) unless the consent of the headlines is counted. The personal access and the posterior personal data processing that the company has to make, if it acts on account of the Town Council, it should articulate through an order of the treatment (article 12 of the LOPD and 20 to 22 of the RLOPD).
01/01/2010
Access to data of personal character contained in administrative reports
CNS 15/2010
The access on the part of a citizen to administrative reports that contain particulars constitutes a communication of data. The communication of particulars of an administrative report to the person concerned or potential interested, in the formality of audience, finds its habilitation legal in the article 84 of the LRJPAC. In case the communication is carried out during the period of public information, this will be able to be made to any physical or juridical person who in accordance with the article 86 of the LRJPAC, will be able to have access to all the report or a part of this. The data related to name, surnames, address, telephone number or electronic mail of a person, cannot be considered reserved data of the life of the persons, related to an intimate sphere, own and reserved area of the knowledge of the others, not enjoying therefore the consideration of intimate data. In the case of the maps of housings, these do not have because in principle to contain intimate data of a person. For the what it makes to the obtained qualifications in selective processes, has to be discarded that they are part of the intimate sphere of the person, although, its divulging will be subjected to the regulations of data protection.
01/01/2010
- SECTORIAL AREA
- Administrative procedure
- Data subject
- Urbanism
- 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
- PRINCIPLES
- Quality principle
- TRANSPARENCY
- Right of access to information
Criteria of performance in a Town Council regarding the management and the procedure of the correspondence
CNS 36/2010
The fulfillment of the principles and duties to the LOPD, especially the regime applicable to the sensitive data, has to govern the management and the procedure of the particulars on the part of the OAC, independently of whom the physical person is addressee. The OAC having access is legitimate to the data that identify the emitter and the addressee of a document or writing, as well as to the particulars included in the documentation, in order to proceed to its register and procedure, in the terms of Law 30/1992. However, the Judgement makes nuances with respect to the mail that could qualify itself as "private", especially regarding the writings addressed to the mayor, to the town councilors or to the municipal groups. Among others, the consistent option in which the OAC does not open the mayor or the town councilors the addressed mail, leaves it in the corresponding mailbox and the addressee is the one that, in case the document has relation with municipal performances of competence, sends it to the OAC for its register, it adapts to the regulations of protection of particulars. These considerations can be extensible in the mail addressed to the municipal Groups.
01/01/2010
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
Total number of pages: 64