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Possibility to access data of the staff of municipal companies
CNS 50/2009
The members of the Boards of Directors of the municipal companies can access determinate particulars of the workers of these companies only in so far as this access is necessary for the achievement of the functions that they have assigned as members of the organ of direction. The particulars of the workers in which they have access have to be suitable, pertinent and non excessive, depending on the legitimate purpose that is alleged in each case and will not be able to be treated for other different purposes in which they justified its access.
01/01/2009
Consultation brought up by a union in relation to the right of access of the representatives of the workers to particulars of these
CNS 8/2008
The representatives of the workers with union representation have the right to accessing the identificatives data of the workers who figure in the resolutions of nomination -in the case of the nominated staff- or in the contracts of employment -in the case of the hired staff-, feature, in this last case, of data that can affect the privacy of the workers. Singularly, for the case of the sanitary staff civil servant, they also have the right to identifying the complement of productivity assigned to each worker. Regarding the rest of work data of the workers, they will only be able to access it when they are necessary for the fulfillment of the union functions. But in this case, and unless the purpose requires it, the access will have to be carried out anonymizing the data previously. In the rest of cases, the communication of data to the representatives of the workers requires the previous consent from the headline.
01/01/2008
Access to data of health on the part of a public entity
CNS 10/2007
Access on the part of the workers d’una public company on the subject of health, to the clinical histories of determinate patients/users d’un hospital with the purpose d’investigació. L’accés to the particulars of the patients/users d’un hospital s’entén like a cession or communication of data and it is subjected to that that he orders the sanitary regulations with respect to the uses of the clinical history. L’accés will be possible always and when the consent of the patient for the cession of the data of personal character is evident or that the cession is carried out in a way dissociated, sorting out the data of character clinicoassistencial d’aquelles that allow the personal identification.
01/01/2007
Cession of salary data of the workers to the union representatives
CNS 6/2004
The committee d’empresa and the representatives of staff have recognized determinate rights d’accés to information of the working, right ones that s’entenen extensive to the union representatives by virtue of the Law of union freedom. The regulations contain a legal forecast with respect to the cession of the data that figure in the basic copies of the contracts and, in general, the data of the workers will only be able to be destined to the fulfillment of the functions for which the regulations n’ha authorized the cession. The fate of the data to any other purpose will have to have corresponding l’habilitació or the consent of l’afectat.
01/01/2004
Total number of pages: 7