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Access to data of the municipal census of inhabitants on the part of the department of staff management of the Town Council itself
CNS 10/2009
Access to the data of the municipal census of inhabitants of a Town Council on the part of the department of staff management of the same Town Council. The municipal census of inhabitants is a register that is configured like a data base of personal character, and the LOPD is for him of application. It will be necessary to take the principles and disposals that restrain themselves in this rule into account. The department of staff of the Town Council, in exercise of its functions, it is legitimated for accessing the data of the municipal census with the purpose that motivates the consultation that it is that of accessing the datum of the address of a municipal worker in order to practice communications derived from the relation of services that it links it to the Town Council.
01/01/2009
Request of a citizen in order to obtain copies of the Property Register of Rústega of a town
CNS 11/2009
A citizen requests the obtaining of copies of the Estate Property Register of Rústega of the town. The data of the cadastral headlines that are physical persons, and that are evident to the Property Register, are data protected by the LOPD. To hand over particulars the consent of the headline is necessary, unless, among others, a law authorizes the cession. The Law of the Property Register establishes an access restricted to the treated data, and requires the consent of the headlines or the concurrence of suppositions rated in the law itself. The participation of the citizen as a witness in a notarial writing does not mean a sufficient legal habilitation, is then not a foreseen supposition to the Law of the Property Register. Therefore, the cession in this case is not protected by the LOPD, without harm of the possibility to resort to the consultation of other public Registers.
01/01/2009
Communication of subscribers data in the service of supply of water of the part segregated from a town
CNS 33/2009
The communication of data of personal character related to the subscribers in the service of supply of water of the part segregated from the town that formulates the consultation, in the new town of which they have gone to being part, so that it can loan the mentioned service, it finds habilitation in the legislation of local regime as well as in the article 21 of the LOPD, for which it is necessary to the regulations of data protection to conclude that it is not contrary
01/01/2009
Adequacy to the protection of data of a project about violence domestic and of genre
CNS 35/2009
In the project of victims Register of domestic violence and of examined genre, several principles and duties to the LOPD have to be taken into account. The law requires that the purposes and the uses to which it is wanted fulfillment to be given, which are conditioned to be able to be made personal of the information by the treatment, are defined. It is necessary to specify and to specify the particulars that will be treated, especially the qualified ones as sensitive, and to foresee, in relation to the applicable sectorial regulations, in which cases it is necessary to collect the consent of the persons concerned. It is necessary to specify the informative flows that will be produced, as well as to create and to inscribe the corresponding files and to apply the safety measures of high level.
01/01/2009
- SECTORIAL AREA
- SECTORIAL AREA
- Social services
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- PERSONAL DATA
- Sensitive data
- Health data
- Administrative criminal offences
- Gender violence
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- SECURITY MEASURES
- PRINCIPLES
- CATALAN DATA PROTECTION REGISTER
Possibility to publish the minutes of the Plenums municipal and of the Executive Councils in a complete way Local
CNS 36/2009
The publication of sessions events on the web that data do not contain of personal character, or when the particulars limit themselves to the data of the town councilors and the civil servants who intervene in it due to its charge, is not seen limited by the regulations of data protection. However, when the minutes include data of personal character, its publication constitutes a data processing personal and therefore he has to undergo the principles and guarantees established in the LOPD. Without harm of the advertising of the administrative events in those suppositions that is established by the pertinent legal regulations, the access to the minutes or the parts of the same ones that they contain data of personal character only is possible for persons legitimated in accordance with the LRJPAC and the applicable sectorial legislation.
01/01/2009
Cession of data of the municipal census of inhabitants in the dealer company of the supply of water
CNS 37/2009
The Town Council will only be able to facilitate the particulars of the municipal census of inhabitants to a company, if this acts as person in charge of the treatment of the particulars that are necessary for him to carry out the service of supply of potable water in this town, in the terms established in the article 12 of the LOPD and to the Additional Disposal 31ª of the LCSP, since the communication of the mentioned data will not have consideration of cession of particulars. In case the file created for the management of the service of supply of potable water is a titularity of the company of private titularity, that is, the Town Council will only be able to hand over these data to the company if it has the consent of the affected ones, since any legal habilitation has been able to be ascertained either in the legislation of local regime or in the LOPD itself that it authorizes to making this cession.
01/01/2009
Possibility to broadcast live the municipal plenums through Internet and to leave the accessible engravings to the network
CNS 40/2009
The retransmission live of the sessions of the municipal plenum that have public character, or of the parts of the same ones that have this character, as well as the one put at the disposal of the engravings of these in the web municipal, it is fitted out by the established forecasts in the article 156 of the Text revised of the Municipal Law and of Local Regime of Catalonia, in accordance with what settles in the municipal organic Regulations.
01/01/2009
Communication to a citizen of the technical project of reform and enlargement of a foreign house
CNS 42/2009
The delivery to a citizen of copy of the technical project of reform of a house of what is to title another person constitutes a communication of data. The access to the particulars that are part of an administrative report corresponding to an administrative procedure in progress will require that the person requesting of the information has the condition of interested person (art. 31 LRJPAC). In case the administrative report corresponds to a finished administrative procedure, the communication remains protected by the recognition of the public action whenever it does not contain intimate data, the rest of requirements of the article fulfills 37.3 LRJPAC and none of the suppositions of article 37.4 prevail LRJPAC. In the rest of cases, the previous consent of the affected persons will be necessary.
01/01/2009
Possibility to give a municipal group information related to helps conceded for the area of social services
CNS 43/2009
The access to the information about the name and surnames and neighborhood where they live of the beneficiaries for municipal helps on the part of municipal town councilors can remain protected by the right of the town councilors to consult the documentation of which she orders the Town Council necessary for the exercise of its functions, including the data of personal character contained in the information that they request, independently of its condition of members of the government or of the opposition. The possibility of access to the information related to the name and surnames of the beneficiary persons would be fitted out also for the regulations regulatory of the public subsidies, which the advertising of the same ones foresees, in so far as it is a matter of subjected helps to those regulations. This without harm of the fulfillment of the principle of quality and the duty of secret of the town councilors who have access (articles 4 and 10 of the LOPD) there, and the rest of applicable regulations.
01/01/2009
- SECTORIAL AREA
- Administrative procedure
- Social services
- Subsidies
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Duty of secrecy
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Possibility to give town councilors of the copy opposition of the report of the selection process for covering a square of inspector of the local police
CNS 44/2009
The access to the information contained in a report of staff selection on the part of municipal town councilors can agree of what orders the Town Council necessary for the exercise of its functions, including the data of personal character contained in the information that they request, independently of its condition of members of the government or of the opposition protected by the right of the town councilors to consult the documentation. This without harm of the fulfillment of the principle of quality of the data (article 4 of the LOPD) and the duty of secret of the town councilors who have access (article 10 of the LOPD) there, and the rest of applicable regulations.
01/01/2009
- SECTORIAL AREA
- Administrative procedure
- Administrative file
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Duty of secrecy
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Total number of pages: 64