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Publication in internet of the listing of persons preregistered in an official school of languages, who they were summoned to the realization of the of level of the chosen language.
49/2020
The General Direction of Attention to|in the Family and the Educational Community, of the Department of Education is accused, of an offense for breach of the principle|beginning of limitation of the deadline|installment of conservation (art. 5.1.e and 83.5.a RGPD, art. 72.1.a LOPDGDD), for having kept these listings published in internet, even though the purpose had already been accomplished that its|his|her|their publication justified (to inform of the day, the hour and the classroom of realization of the test|proof of level). The initial imputation of a second offense, related to the breach of the principle|beginning of minimization of the data, is not maintained.
04/03/2021
Data retention in the Ethical Mailbox System of the Generalitat de Catalunya
CNS 1/2021
The principles contained in article 24 of the LOPGDD and, specifically, for the purposes of consultation, the principle of limitation of the data retention period, according to which the data must be kept in the system the essential time to decide on the origin of initiating an investigation, are applicable to the processing of personal data of the Ethical Mailbox of the Generalitat de Catalunya. On the other hand, the specific deadlines provided for in Article 24 are not applicable. The storage periods of personal data provided for in the Agreement of Gov/96/2020 are not contrary to the principle of limitation of the storage period provided for in the regulations on the protection of personal data.
26/01/2021
Installation of video surveillance cameras in the municipal swimming pool, in the municipal sports hall and in the Castle
CNS 38/2020
The City Council could have a sufficient legal basis to carry out the processing of images through video surveillance cameras in the areas referred to in the consultation, given the provision of Article 6.1.e) of the GDPR, in connection with Article 22 of the LOPDGDD, if done in the terms of paragraphs 1 and 2 of that article. With regard to the procedure to be followed in order to consider the video surveillance system appropriate to the data protection regulations, it will be necessary to comply with the principles and obligations established in the data protection regulations (GDPR and LOPDGDD) and, if applicable, in the Instruction 1/2009.
30/11/2020
Publicació llistes processos selectius.
PS 18/2020
Vulneració del principi de limitació del termini de conservació, per mantenir publicats a internet -web institucional de l'Ajuntament- llistats relatius al dit procés selectiu més enllà de les dates en què estaria justificat.
25/11/2020
Collegiate personal data deletion by a professional college
CNS 37/2020
Personal data must be deleted once it is no longer necessary or relevant for the purpose for which the terms of conservation established by law were collected or, if applicable, after the expiry of the time limits for which it was intended. Deletion must involve blocking deleted data during prescription periods in which some form of liability may be required from processing.
02/11/2020
Premature elimination of clinical-labor documentation
IP 79/2019
In 2017, the complainant, a worker in a public hospital, applied to the said Hospital for access to clinical-labor documentation regarding work-related accidents that he had suffered, and once the Hospital handed over the documentation to her, the complainant requested information regarding a work-related accident she had suffered in 2007, and the Hospital stated that it did not have any information, and that the only thing that it was stated that an emergency report issued in 2007 had been deleted due to the expiry of the 5-year period provided for in the health regulations (art. 12.6 Law 21/2000). The Authority found that the Hospital had removed the clinical-labor documentation required by the complainant, before the legally prescribed period expired. With regard to the determination of this period, Article 12.12 Law 21/2000 refers to the specific regulations for the prevention of occupational risks and the protection of workers 'health in the clinical histories relating to the surveillance of workers' health. . In accordance with these regulations, the Hospital should have retained the said clinical-labor documentation for the duration of the employment relationship between the Hospital and the claimant, as such retention was necessary for the Hospital to comply with both with its obligations as an employer in matters of occupational risk prevention, as well as with its obligations arising from the direct management of the professional contingencies of its workers. However, an archival decision is issued, as the infringement committed, relating to the violation of the principle of quality (serious infringement provided for in art. 44.3.d LOPD in relation to article 4.5 LOPD) would have prescribed ( at 2 years from the removal of the documentation).
11/06/2020
Blocking the data of people who had been interned in a prison
IP 295/2019
Although there is no indication that the people affected have committed any crime while they were in a prison, the figure of the block does not require concurrence of these indications of responsibility, but refers to the possible responsibilities arising from the treatment. Consequently, even if it is a remote or merely hypothetical possibility, the data must continue to be blocked until the prescription of any responsibilities arising from the processing.
02/06/2020
Responsible and in charge of processing in the conduct and conservation of analytics
CNS 1/2020
In the case described in the consultation, the hospital that subcontracts the conduct of its patients' analytics to a laboratory is responsible for the treatment, as it is the one who "determines the purposes and the treatment" of the patients' data, and the laboratory is responsible for the processing of this data. The fact that the laboratory has to keep certain personal data blocked, which it has processed in order to provide hospitals for the period corresponding to the patient's autonomy rules does not undermine the conclusion that the laboratory is a treatment officer.
13/02/2020
Video surveillance and geolocation of police officers.
PS 34/2019
A City Council is sanctioned for having installed video surveillance cameras in police stations, as well as geolocation receivers (GPS) in police vehicles, without having previously informed police officers about all the extremes provided for in the applicable regulations. The actions of investigation referred to the presumed violation of the principles of purpose and conservation of the data are filed, since the RGPD allows to treat data captured through these two systems for the exercise of the control of the workers - everything and that they are required to be informed in advance.
30/01/2020
Limitació dels tractaments de dades del progenitor que no té atribuït l'exercici de la potestat parental.
PT 39/2019
Es desestima la reclamació per desatenció del dret de supressió, exercit per un pare respecte les dades seves que figuren en els fitxers del Departament d'Educació per tenir una filla menor escolaritzada en un centre educatiu públic, atès que les dades tractades són necessàries per a l'exercici dels poders públics conferits al Departament. No obstant, per aplicació del principi d'economia processal, s'analitza la sol·licitud des del punt de vista del dret d'oposició, i es conclou que procedeix estimar la petició formulada en darrer terme pel reclamant de deixar de ser contactat pel Departament amb motiu de la seva filla -amb els límits que s'indiquen-, pel fet que la sentència esdevinguda atribueix a la mare en exclusiva l'exercici de la potestat parental, a qui també atribueix la guarda i custòdia, resultant exclòs el pare reclamant.
29/11/2019
Total number of pages: 6