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941 results were found for your search terms PRINCIPLES
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
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
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
Treatment of the data contained in the Catalog of data and electronic documents
CNS 26/2010
S’analitza the supposition in which an organ that requires data obtains a “verificació positiva” of the information, without that s’afegeixi any other information, case that it does not mean a revelation of new particulars and it is not necessary to require the consent from l’afectat; s’analitza also the supposition in which l’òrgan obtains a “verificació negativa”: in this case, or, obviously, if the initial information is modified or s’afegeix any complementary personal datum, produced s’ha a cession or communication of data (articles 11 and 21 of the LOPD). In the case of the negative verifications, the forecasts of the LOPD can give sufficient coverage to the cessions of data, without it being necessary to collect the previous consent of the persons concerned. It is necessary to take into account the forecasts of the Law 30/1992 (article 78.1 and article 71.bis), and the habilitations that transpire from the Law 26/2010 (articles 35 and 36), or sectorial normative d’altra.
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
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
Consultation related to the access to data of the municipal Census of inhabitants and of procedure of the IAE
CNS 16/2009
The communication of data of the municipal census of inhabitants (PMH) and of the IAE, of the town councils to a public entity of another Administration, is brought up. Article 16.3 LBRL he does not fit out the communication of the datum related to the existence of a contract for rent, for which, and to lack of another rule fitting out, the communication of the town councils to this public entity of the data of the contract for rent brought with occasion of the inscription in the PMH requires the consent of the affected ones. Regarding the data of the IAE, following the consideration that the deposit of bail cannot be considered a non tributary public resource, the communication of the data that are for the management of the tax, requires the previous consent from the affected persons. Consequently, to lack of consent this communication of data is not allowed. In any case, it is necessary to take into account the principle of quality of the data, ex article 4 LOPD.
01/01/2009
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
Total number of pages: 95