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941 results were found for your search terms PRINCIPLES
Realization of psychotechnical tests in educational institutions agreed on by a company
CNS 38/2009
The lender company of services of psychological evaluation in educational institutions acts as person in charge of the treatment, if the requirements of the article 12 of the LOPD are fulfilled. The existing bond between the company and the pupils is born due to the order. Since this relation is necessary to carry out the provision of the service, a new bond between the company and the pupils, not being of application the article 20.1 of the RLOPD, is not established. The data of the psychotechnical evaluations, which contain data of psychological character, will have consideration of health data (articles 7.3 of the LOPD and 5.1.g) of the RLOPD). For the realization of psycopedagogic works, the centers do not need the previous consent of the legal tutors of the pupils, given the existence of legal habilitation to treat the data of the pupils that are necessary for the exercise of the teacher functions and guiding, whenever the treatment is necessary for the exercise of these functions. This does not exclude the duty to give fulfillment to the duty from information (article 5.1 of the LOPD).
01/01/2009
Access to data of handicapped persons on the part of a competent Administration on the subject of work
CNS 39/2009
In the examined case the assignor and the assign, who are part of the autonomic public administration, have differentiated legal status. It is necessary to apply then the regime of data communication foreseen in the article 21 of the LOPD. Consequently, the access founded in the purpose of creating a System of indicators about the situation and evolution in the work world of persons with disability, it is legitimate, from the prospect of the protection of data, because object of the competence of the entity responsible for the file refers to matters coincident with those that they are. In any case, it is necessary to foresee the suitable fulfillment of the duty of information (article 5 of the LOPD); creating the file or files that are necessary to preserve and to treat the personal information of form suitable, and to apply the high level of safety measures to the data processing, as well as to give fulfillment to the duty of secret (article 10 of the LOPD).
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
Made possible that the town councilors can access in the documents presented to the Register of the Town Council by the citizens
CNS 45/2009
The access to the information about the documents of entry in the Register of the Town Council on the part of municipal town councilors can agree protected by the right of the town councilors to consult the documentation 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. This without harm of the fulfillment of the principle of quality of the data that it demands, in so far as it is possible, to make a ponderation with respect to the particulars included in the whole of the information requested, so that more data are not communicated of the strictly necessary ones to attain the legitimate purpose of access to the information, as well as the duty of secret (article 10 of the LOPD), 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
Taxation of information associated with the calls carried out from telephones of the Town Council
CNS 47/2009
It is proposed if an auditor of a Town Council can control, without express authorization and through the bills of telephone which it has, to that one who calls to himself, and/or attempt to find out the motive of the call. The exercise of the function of control and taxation of the municipal auditors does not run out exclusively on controlling the amount of the bills, but it could reach all those operations and necessary performances to give fulfillment to the auditor functions, of financial control and of control of efficiency. The knowledge on the part of the auditor of the personal information in question, although not in a generalized way, yes it can be adjusted to the principles of the LOPD in concrete cases. The knowledge on the part of a court qualifier -what the auditor takes part in-, the information could request, as such, that it works out necessary for the fulfillment of its functions. In any case, the Town Council has to keep vigil so that its workers and charges treat the particulars suitably.
01/01/2009
Private use of the electronic mail of the job
CNS 49/2009
The Town Council can exercise a control of the tools of work, among which the electronic mail is found, when this control has the maintenance of the computer and telematic infrastructure of which he orders the Town Council as a purpose, to verify the fulfillment on the part of the workers of its work duties, or to coordinate and to guarantee the continuity of the work activity in the suppositions of absence of the workers. In application of the principle of quality (article 4 LOPD) it is necessary to determine the performances of control depending on the purpose that is pursued in each case and to choose the less intrusiu system for the particulars. It also becomes necessary to inform clear and previously to the workers about its duties, the implanted safety measures, as well as the scope of the control about the tools of work.
01/01/2009
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
Right of access to municipal information for a town councilor of the opposition
CNS 51/2009
The access to the information contained in the census of inhabitants, the minutes of the sessions of the local Executive Council and in the general account of the Town Council on the part of a municipal town councilor it can agree protected by the right of the town councilors to consult the documentation 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. 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
- Files and documents
- Municipal Population Register
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Duty of secrecy
- Purpose limitation principle
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Total number of pages: 95