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Right of access to the municipal information on the part of town councilors of the opposition
CNS 24/2010
The town councilors of a Town Council, members or not of the government, they can have access to a listing with the address of the workers of the adjudicator company of a work funded with the special background created by the State for the dynamization of the economy and the employment, in case this Town Council has this information in its power, by virtue of the law of access to determinate information municipal that the LRBRL (article 77) only concedes them, but for the exercise of its functions of control and whenever the principles and duties to the LOPD are been, in particular, the principle of quality of the data and the duty of secret.
01/01/2010
Consultation of an Association about the responsibility of the data linked to the provision of the municipal service of dance on the part of the Association, and about the data of the service that the Association can communicate to the Town Council
CNS 25/2010
Given the lack of formalization of a contract of person in charge of the treatment in the terms of the article 12 LOPD, responsible for the information collected on the occasion of the provision of the municipal service of dance so much has to be considered the Town Council, headline of the service, how the lender entity of the same. The data collected by the lender entity of the service with occasion of this, they can be communicated to the Town Council with the consent of the persons affected, if these were duly informed about the municipal titularity of the service in the moment of the collection of the data, or in accordance with what establishes 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 of control about the service that it has attributed.
01/01/2010
Communication to a citizen of the maps contained in a report of license of work concession of a foreign house
CNS 27/2010
The delivery to a citizen of copies of the maps contained in an administrative report of concession of planning permission of a house of what is to title another person constitutes a communication of data. If the administrative report is in procedure, it will require that the person requesting of the information has the condition of interested person (art. 31 LRJPAC). If the report finds finish it remains protected by the recognition of the public action whenever it does not contain intimate data, sanctionative or disciplinary character corresponds to a procedure of application of the right not to have, and value can be made for the exercise of the rights of the citizen (art. 37.3 LRJPAC). However, this access can limit 37.4 LRJPAC when one of the causes contemplated in the article prevails. In any case, the determination of the particulars that can be an object of communication will have to respect the principle of quality of the data, and in particular the principle of proportionality (art. 4 LOPD). All this without harm that the titular person of the data can exercise its law of opposition in the terms established in the articles. 6.4 LOPD and 35 of the RLOPD, that it will have to be solved by the municipal administration.
01/01/2010
- SECTORIAL AREA
- Housing
- Administrative procedure
- Data subject
- Urbanism
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- Anonymised data
- Identification data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of access
- Right of objection
- ENTITIES
- Public administration
- Local administration
- Council
- PRINCIPLES
- Quality principle
- TRANSPARENCY
- Right of access to information
Responsibility of the data linked to the provision by an association of the municipal service of dance
CNS 28/2010
Communication of data on the part of the lender entity of a municipal service in the titular Town Council of the service. Given the lack of formalization of a contract of person in charge of the treatment in the terms of the article 12 LOPD, responsible for the information collected on the occasion of the provision of the municipal service of dance so much has to be considered the Town Council, headline of the service, how the lender entity of the same. The data collected by the lender entity of the service with occasion of this, they can be communicated to the Town Council with the consent of the persons affected, if these were duly informed about the municipal titularity of the service in the moment of the collection of the data, or in accordance with what establishes 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 of control about the service that it has attributed.
01/01/2010
Right of access to the municipal information on the part of town councilors of the opposition
CNS 29/2010
The town councilors d’un Town Council, members or not of the government, they can have access to a listing with the address of the workers of l’empresa adjudicator d’una work funded to determinate municipal information that only concedes them the LRBRL (article 77) with the special background created by l’Estat for the dynamization of l’economia and l’ocupació, in case this Town Council has this information in its power, by virtue of the law d’accés, but for l’exercici of its functions of control and whenever the principles and duties to the LOPD are been, in particular, the principle of quality of the data and the duty of secret.
01/01/2010
Communication to a citizen of the listings of school pre-inscriptions
CNS 31/2010
The father of a pupil excluded in the process of registration of a school sustained with public funds, as a part interested in the procedure, has the right to accessing the data of the address taken into account for the admission of the pupils in the center. Even though in this type of report intimate data, the data contained in the reports of school pre-inscriptions, related to name, surnames, can appear and to the census of the pupils who have accessed in a school for the course P3, reserved data of the life of the persons, related to an intimate sphere, cannot be considered own and reserved area of the knowledge of the others, not enjoying therefore the consideration of intimate data. In the case brought up, the access can be conceded to the requested data without the need for introducing other data that appear in the administrative report and that could be considered intimate data.
01/01/2010
- SECTORIAL AREA
- Education
- Administrative procedure
- Data subject
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- Education centre
- TRANSPARENCY
- Right of access to information
Consultation related to an Instruction about use of systems and information technologies and the communication
CNS 17/2009
He consults itself about the contents of an Instruction of a Town Council, about the use of systems and information technologies and the communication on the part of the staff of the Town Council. The data of the workers undergo the protection of the LOPD. The forecast related to the property of the information contained policewomen to the systems of information has to be interpreted taking into account, especially, the principle of consent and the exercise, of rights I ARCO. The maintenance and check of the good use of the tools of work, have to be for guaranteeing the normal functioning of the system. The control about these tools, has to respect the applicable normative frame and the jurisprudence. The maintenance of determinate traces that entail data processing personal entails the creation of the corresponding file.
01/01/2009
Data processing of plans of selfprotection and of the service of emergency calls
CNS 21/2009
The particulars contained in the plans of selfprotection and in the general Register of plans of civil protection, find proteges for the LOPD. They consider themselves the accesses to the data for the operating bodies adjusted to the principles of quality and purpose of the LOPD, among others, in so far as these have to intervene in a concrete situation of emergency, which generates the activation of a plan of selfprotection. The communication of data in the town councils where the author companies of plans of selfprotection are found placed, its competences attended to, fits to the forecasts of the article 21 of the LOPD. In relation to other accesses, it would be necessary to appraise the legitimate and direct interest, to the effects of the Law 30/1992. It is necessary to subject equally to the regulations of data protection the accesses and utilization of the particulars treated in the service of management of urgency calls.
01/01/2009
- SECTORIAL AREA
- SECTORIAL AREA
- Civil protection
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- Others
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
Legitimation of a town council to access particulars of its workers and that they find on being able of another administration
CNS 2/2009
Access on the part of a town council to relative particulars to the coverage of the provision of sanitary assistance through the General Regime of the Social Security of its workers and of the beneficiaries for these. The managing public entity of the benefits of the public sanitary system in Catalonia jar, in exercise of its functions of business agent of these benefits, to communicate or to hand over to a town council the consistent particulars in the membership or not to the General Regime of the Social Security of the civil servant persons of this town council or of the persons that are from it beneficiaries, in order to fight against the fraud in the perception of incompatible benefits in the different regimes of the system of the Social Security. The town council can communicate this managing entity the mentioned particulars in order to comply with its duties on the subject of Social Security.
01/01/2009
Utilization of particulars on the part of a municipal town councilor
CNS 3/2009
Doubts are brought up about the possible utilization on the part of a town councilor of identificatives data of determinate persons who have been given of casualty of the municipal census of inhabitants. The right of access to the information exercised by the town councilors has limitations, but a limitation a priori and with general character, with respect to the particulars in those that can access, does not fit to the regulations about law of access nor is exigible from the prospect of the protection of data. The posterior utilization of the particulars, obtained legitimately by the town councilor, has to found in a determinate, explicit and legitimate purpose. The legitimate access does not fit out another purpose that differs to use the data for any or cannot be considered subsumible in the first purpose and legitimate that founds the treatment. A change of purpose will require to have the consent of the persons concerned or with a habilitation legal.
01/01/2009
Total number of pages: 64