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270 results were found for your search terms Purpose limitation principle
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
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
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
Utilization of particulars on the part of a municipal town councilor
CNS 3/2009
Doubts are brought up about the possible utilization on the part of a town councilor of identificatives data of determinate persons who have been given of casualty of the municipal census of inhabitants. The right of access to the information exercised by the town councilors has limitations, but a limitation a priori and with general character, with respect to the particulars in those that can access, does not fit to the regulations about law of access nor is exigible from the prospect of the protection of data. The posterior utilization of the particulars, obtained legitimately by the town councilor, has to found in a determinate, explicit and legitimate purpose. The legitimate access does not fit out another purpose that differs to use the data for any or cannot be considered subsumible in the first purpose and legitimate that founds the treatment. A change of purpose will require to have the consent of the persons concerned or with a habilitation legal.
01/01/2009
Request of information that a deputy of the Parlament de Catalunya formulates to a Public Administration
CNS 5/2009
A deputy of the Parliament sol•licita to have access to the data contained in the reports related to reports of protection of minors. It is necessary to make the law of access of the deputies to the information of which he orders the public administration, with the protection of particulars, compatible. The Regulations of the Parlament de Catalunya constitute, the legal habilitation necessary for the cession of the data without the consent of the persons concerned, with general character without harm of the fulfillment of the principles and foreseen duties in the LOPD. Since the reports include data especially protected or sensitive, it is considered exigible in this case to dissociate or to anonymize the information in a way previous to the communication to the deputies of the Parliament, in order to not allow the identificabilitat of concrete physical persons. It will be necessary also to determine the concrete system of coding or anonimització and the concrete way of giving access to the information.
01/01/2009
Implantation of hourly control system through digital imprint in a Public Administration
CNS 9/2009
Implantation of a system of hourly control through the digital imprint on the part of a public administration. 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 creation and inscription of the file (art. 20 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
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
Total number of pages: 27