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941 results were found for your search terms PRINCIPLES
Legality of giving advertising to the contents of the cards of the Register of Interests
CNS 16/2008
The data of the municipal Register of Interests can constitute data of personal character and the principles and guarantees of the legislation of data protection therefore result from application. Taking into account the general regime of communication of data of the LOPD (article 11), it does not seem that there is a rule with rank of law that he fits out with general character a publication of the data of the Register of Interests in a bulletin municipal, without having the consent of the headline of the data, out of the expressly foreseen suppositions of access to the data in favor of the members of the corporation and of the persons that prove an interest legitimate and direct, and therefore to spread the data of form generalized it would work out contrary to the forecasts of the LOPD.
01/01/2008
Elaboration and publication of the particulars of the electoral roll corresponding to union elections
CNS 18/2008
It is legitimate that the competent organ collects the particulars consistent in the name and surnames, the DNI (or NIF), the date since birth and the antique of the workers of an electoral unit for the celebration of elections in the organs of representation of the workers to the Public Administrations. However, from the point of view of the regulations of data protection, is considered that the publication of the data consistent in the DNI (or NIF), the date since birth and the antique of these workers in the board of advertisements of the corresponding electoral unit can harm the right to the protection of particulars of the voters, since these data are not necessary for the fulfillment of the first purpose of the publication of the lists of voters, that it is not another than knowledge if a civil servant considers himself or not voter.
01/01/2008
Access to the data of the municipal census on the part of a Department of a Town Council to spread a program of formation.
CNS 19/2008
The municipal census of inhabitants is a register that is configured like a data base of personal character, and therefore the organic Law 15/1999, of 13 December, is to him of application of Protection of personal character data, and therefore it will be necessary to take into account the principles and disposals that restrain themselves in this rule, besides what orders the applicable sectorial regulations. The Department of the Town Council, in exercise of its functions, is legitimated to access data of the municipal census. In the writings through which it spreads the formative program has to give fulfillment to the duty of information of the article 5 of the LOPD to itself.
01/01/2008
Cession of university teachers data at a professional school to control the fulfillment of the regime of incompatibilities.
CNS 20/2008
The university can access the particulars of the school where the teachers ascribed to the university are registered in the professional association, related to the name and surnames of the ones registered in the professional association and its situation of professional exercise, since the listing of professionals registered in the professional association where these are published is a source accessible to the public. The school can communicate to the university the consistent datum in if requests of visa of certain professional works on the part of teachers with dedication in time complete have been formulated, without the need for requiring the previous consent of these teachers, if it is necessary for the control of the fulfillment of the regulations about incompatibilities.
01/01/2008
Cession of data in the Ministry of Education of another Autonomous Community in order to inform about an educational offer in Catalan
CNS 5/2008
A cession of a data base is brought up, on the whole, that it contains data of personal character, in a Ministry of Education of another Autonomous Community, in order to give information about an educational offer in Catalan. The Catalan autonomic Administration related with the consultation does not exercise competences in the educational area, but of representation of the Government and of cultural diffusion. Therefore, the requirements of identity of competences or matters that the article 21 of the LOPD requires to be able to carry out the cession without the consent of the headlines of the data are not given. It would be necessary to ask for the corresponding consents of the headlines of the particulars, or to use other informative mechanisms.
01/01/2008
Request of access to data carried out on the part of a university in relation to a study
CNS 6/2008
Analysis of the cession of particulars among a Public Administration and a university for the realization of a scientific study (articles 11.2 e) and 21 LOPD and 9 RLOPD). Necessary application of the principles of quality of the data and of incompatibility of the purpose prestresses (art. 4 LOPD). Analysis of the necessary concept of scientific study and requirements to determine that we are in the face of a scientific purpose. Impossibility about handing over the data anonymized for the realization of the study, and need to respect the duty of secret during its realization and in the publication of the results.
01/01/2008
Access of a town councilor to determinate data of the workers of the town council
CNS 7/2008
Confrontation of the right to the protection of personal character data and the right of recognized access to municipal information to the town councilors of a Town Council for the fulfillment of determinate functions. Whole of analyzed particulars: name, surnames, antique, professional category and date of completion of the contract. Recognition of the law of access towards determinate data of the described whole; with respect to the antique and the duration of the contract is concluded that its communication is made through previous dissociation.
01/01/2008
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 determinate information about calls carried out by the team of municipal government
CNS 9/2008
The telephone numbers of services of additional rating can constitute data of personal character. The town councilors of the Town Council have a right of access to the information, and therefore the faculty of consulting determinate documentation of which he orders the Town Council. The access of the town councilors to the numbers of additional rating could be understood adjusted at the beginning of quality if the purpose that the request is founded in refers to its legitimate function of control and taxation. Given the possibility to generate a profile of determinate persons, it is recommended to appraise options to give sufficient information without identifying the titular person of the telephone.
01/01/2008
Diffusion on the web page of a Public Administration of data of personal character
CNS 10/2008
The diffusion of personal information through the web page of an Administration, in spite of not having concrete addressees, has to be understood like a communication of data in the sense of the article 11 of the LOPD. The valid regulations on the subject of access to the environmental information could legitimate the access to the information related to the enabled technical professionals of the environmental entities of control, unless determinate circumstances coincide. For the typology of the object data of the consultation, it does not seem to require itself the confidentiality of the data, in the context of the Law 27/2006.
01/01/2008
Total number of pages: 95