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941 results were found for your search terms PRINCIPLES
Request of access to consultations formulated to the Register of Companies Accredited from Catalonia
CNS 18/2009
The possibility of a Unit of Executive Collection rising is brought up to access the consultations that are made in the Register of Companies Accredited of Catalonia to intervene in the process of recruitment in the sector of the construction. The cession in the Executive Collection would be legitimated by a rule with rank of law but, so that it can be considered proportional to the recaptatòria purpose, the other less invasive means through which rises have to have been exhausted to have knowledge of the orders that they are made in indebted companies and in any case would remain limited to the concrete suppositions in which the money and current accounts of the subcontractor company are not sufficient to attend to the debt in the face of the Unit of Collection Executive.
01/01/2009
Communication of subscribers data of a municipal company to an entity of public law
CNS 20/2009
Communication of a municipal society to a public entity of another Public Administration of determinate data of the subscribers in the service of supply of water loaned by the municipal society. In order to subscribe the concert with the municipal company and collect the economic amounts of the bails the communication of the municipal company towards the public entity is considered legitimate, without the need for requiring the consent from the subscribed persons, of its particulars related to the name and surnames, the address (street, number and population), the DNI or CIF and the amount of the bail. The communication of the consistent data is considered illegitimate in if the subscribers are owners or tenants of the place where they are supplied with the water, since, on not to be necessary data to manage the deposit of the bails that the article 4 of Law 13/1996 establishes, they consider themselves excessive.
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
System of hourly control of the staff of a provincial Regional Government through digital imprint
CNS 22/2009
Implantation of a system of hourly control through the digital imprint on the part of a provincial Regional Government. The digital imprint has consideration of personal datum (art. 3 to) LOPD and 5.1 f) RLOPD). Its treatment is considered in agreement with the principles of proportionality and quality of the data (art. 4 LOPD), to be a suitable, pertinent and non excessive treatment in relation to the purpose of to control the fulfillment of the timetable of the workers, without necessary being to have its consent (art. 6.2 LOPD). However, it will be necessary to comply with the rest of principles and duties to the LOPD, especially, the duty of informing (art. 5 LOPD), the modification of the file of "staff" or, the creation and inscription of a specific file for this treatment (article 20 of the LOPD) and the adoption of exigible safety measures, and if, the application of additional measures in attention to the nature of the treated information and the predictable risks, is proper.
01/01/2009
- PERSONAL DATA
- PERSONAL DATA
- Biometric data
- Fingerprint
- Identification data
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Local administration
- Provincial council
- SECURITY MEASURES
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
- CATALAN DATA PROTECTION REGISTER
- Data files
Communication of data to make statistical treatments broken down by sex
CNS 24/2009
Of the applicable regulations the duty to include the sex datum in some files of particulars of the public company in determinate suppositions, but not in all files is detached. The public company can foresee the communication of data for statistical purposes to one another public administration, without the consent of the interested persons, in application of article 21 LOPD, whenever the study has the consideration of statistical activity of interest of the Generalitat. In any case, it will normally be necessary previously to anonymize the studies.
01/01/2009
Communication of information on the part of a union to its government organs and affiliates
CNS 26/2009
The possibility of the general secretary of a union as a member of an organ registered in the professional association of one of the competent public entities on the subject of health being able to communicate the government organs and the affiliates to the union the agreements and its interventions in that organ registered in the professional association is brought up. The communication of data to the government organs that govern the union, in accordance with what foresees the article 11.2.c) of the LOPD, is legitimate for the purpose that he justifies it. The communication of data to the affiliates to the union is considered cession of data and would only be it legitimates in the supposition in which it was fitted out by a rule with rank of law, in accordance with what orders article 11.2 to) of the LOPD.
01/01/2009
Communication of data of workers to the Works Committee, Committee of direction and stockholders of a public company
CNS 30/2009
The communication of data to the Works Committee has to be carried out in agreement the regime established in the article 11 of the LOPD; with general character the Statute of the Workers does not recognize expressly the representatives of the workers the right to access the whole of all the information about economic and work conditions associated with each concrete worker. The Committee of Direction can only have the right of access to the data in so far as this is necessary for the achievement of the functions that they have assigned, respecting in principle of quality (article 4 LOPD). With general character, the law of information in favor of the stockholders, it does not include a general communication of the data of all workers, and it can only be considered that there can be habilitation for the access of the stockholders in concrete suppositions and with respect to the data of determinate workers.
01/01/2009
Incorporation of disabled persons data in the Catalog of data and electronic documents
CNS 32/2009
The incorporation of particulars about disabled in the Catalog of Data and Electronic Documents for his put at the disposal of the interested public administrations it constitutes a communication of data. Consequently, so that the communication of data is legitimate it will be necessary to analyze if the express consent is counted on, habilitation is counted in accordance with the article 21 LOPD, or if there is a law that fits out the cession. In case the consent is necessary, this will have to be conceded expressly, in accordance with the article 7.3 LOPD. In any case, the determination of the particulars that can be an object of communication and of posterior treatments will have to respect the principle of quality of the data, ex article 4 LOPD and to guarantee the confidentiality of the data through the application of the suitable safety measures, which in this case will be of high level.
01/01/2009
- SECTORIAL AREA
- E-administration
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- PERSONAL DATA
- Sensitive data
- Health data
- ENTITIES
- Public administration
- Autonomous community administration
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
Cession of data of the relatives of minors given in a hospital, to requirement for the public administration
CNS 1/2009
The possibility of a hospital being able to hand over, requirement for the competent public administration on the subject of protection of minors, data of the relatives of the given minors is brought up. The regulations about protection of the minors allow all the information that is pertinent, including the one related to the environment family of the minor, to consider that the competent public administration has legal habilitation to access. Even so, the indiscriminate or generalized access to all data of the relative of the minor of which he orders the hospital, contrary at the beginning of quality (article 4 of the LOPD) could work out, since any access to the data has to be proportionate. Therefore, it is advisable that the hospital carries out a previous exercise of ponderation, and values, out of all the information which it has about the relative of the minor, which of this information can be relevant for the fulfillment of the legitimate purpose of informing about the situation of risk of the minor.
01/01/2009
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
Total number of pages: 95