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341 results were found for your search terms Lawfulness principle
Appraisal of the need of the consent of the citizen in the exercise of functions typical of the Administration
CNS 49/2010
L’Administració responsible for the file has the duty of controlling that the treatment of the personal information that is carried out through the SINK is respectful with the whole of the foreseen principles and guarantees in the regulations of data protection, as the case of the realization d’auditories can be. The not needed of consent for l’exercici of the functions that the General Intervention has attributed to access to determinate data related with l’exercici of its functions, it does not have to lead to excluding this organ of the possible auditings or other means of control from the good functioning of the system that he can establish l’Administració, consideration that can be extensible also in other areas d’actuació of the same Administration. The need or not of having the consent of the headlines of the particulars on the part of the users of the SINK it is irrelevant to the effects of determining the convenience d’excloure determinate users of the SINK of foreseen l’auditoria.
19/01/2011
Legitimacy of a communication of data with a Town Council and application of the figure of the person in charge of the treatment
CNS 50/2010
Taking into account the Law 11/2007 (articles 6.2.b) and 9), that he remits to the regime of communication of the LOPD (art.11), and to lack of rule with legal rank that fits out the communication of particulars of the files of l’Ajuntament related to the management of l’IAE in l’Administració that formulates the consultation, the cession requires the consent from the titular physical persons of the data. This consent is, also, necessary for application of what orders the tributary regulations (article 95.1.k) of the Law 58/2003, of 17 December, general tributary). It is necessary to discard the possibility of an order of the treatment being able to be established -l’Administració being the responsible and l’Ajuntament (IMI) l’encarregat of the treatment-, since this does not treat the information “per compte” of consulting l’Administració, but that it is the responsible for the concrete information that it is necessary to deal in the object system of consultation.
19/01/2011
- SECTORIAL AREA
- E-administration
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- DATA PROCESSOR
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- PRINCIPLES
- Lawfulness principle
- Consent
- DATA CONTROLLER
Communication of particulars of reports of purification of staff and other reports that contain particulars
CNS 42/2010
The communication of particulars to investigators, relatives or citizens in general has to undergo the foreseen regime in the LOPD (articles 11 and 21). Especially the access on the part of investigators to determinate archives that contain particulars is analyzed, that it can be produced with determinate required conditions by the applicable regulations, mainly, to prove the condition of investigators and the nature of the study to carry out, scientific or cultural relevant, justifying the historical purpose and whenever the privacy of affected alive physical persons remains duly guaranteed. If it is proper, the signature of clauses of responsible confidentiality or declaration can be suitable in determinate suppositions. It is necessary to take the forecasts of the state and Catalan regulations into account from archives and the deadlines that they are foreseen there.
21/12/2010
- SECTORIAL AREA
- Files and documents
- TRANSFER OR DISCLOSURE OF DATA
- PERSONAL DATA
- Data of deceased persons
- Sensitive data
- Health data
- Administrative criminal offences
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of information
- PRINCIPLES
- Storage
- Purpose limitation principle
- Historical, scientific or statistical purposes
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
Scope of the exercise of the law of opposition within the framework of the Shared Clinical History
CNS 40/2010
In the context and model of the Shared Clinical History (HCC) full room has to have the exercise upward of opposition, since the consent is not required for the treatment of the data (article 6.4 of the LOPD and articles 34 to 36 of the RLOPD). The law of opposition, that it is necessary to differentiate from other rights I ARCO, it can translate into a limitation of determinate accesses, which would bring a determinate treatment of the information in modular, as it has been configured like this in the model of HCC. The applicable normative frame can condition the scope and the consequences upward of opposition. The casuístic approach of the article 6.4 of the LOPD makes that it cannot give a closed list of which the "motives" that could be considered legitimate to exercise are the law of opposition, or of it are the personal circumstances that which can fit out the exercise upward. The medical criterion results determining in order to evaluate the belonging from giving course to a request of opposition on the part of a patient.
02/12/2010
Appraisal of several questions related to the file "Victims of the civil war and represaliades persons for the Franco's regime"
CNS 33/2010
In application of the regime of data cession (article 11 LOPD), the analyzed regulations do not contain a legal habilitation legitimadora of the diffusion generalized of particulars of any person "victim of the Civil War or represaliada during the Franco's regime", or of related third parties, that it includes data especially protected. Therefore, it is necessary to have the consent of the affected physical persons. Apart from this, in the judgement the demands derived from the principle of quality and of the proportionality, especially in relation to sensitive data (article 7 of the LOPD), as well as the exceptions to the duty of informing are analyzed (article 5.4 LOPD) and the limits of the habilitation to treat data without the consent of the headlines, founded in the collection of data for the exercise of functions typical of the public administrations (article 6.2 LOPD).
17/11/2010
- SECTORIAL AREA
- Files and documents
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- PERSONAL DATA
- Data of deceased persons
- Sensitive data
- Sensitive data
- Union membership data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Autonomous community administration
- PRINCIPLES
- Purpose limitation principle
- Historical, scientific or statistical purposes
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
Communication of information to a town councilor about debts acquired by the town councilors
CNS 5/2010
The access on the part of the town councilor to a certification issued by the Town Council, positive or negative, in relation to the existence of debts of town councilors with the local Corporation itself who can be a cause of ineligibility or of posterior incompatibility, is adjusted to the demands of the LOPD. In relation in order to contrast the concurrence of causes of ineligibility or of incompatibility, the access to other information, as the ones related to debts not related with the Corporation itself it is not foreseen in the rule with legal rank (LOREG). Therefore, it would be necessary to require the consent from the headline, to lack of another rule with legal rank that gives the sufficient coverage in the access. A possible legitimate access to the data related to debts acquired with other Public Administrations by the town councilors, if it fits to the demands of the LOPD, cannot be discarded which the Town Council should consider in each case.
01/01/2010
- SECTORIAL AREA
- Electoral system
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Possibility to access data of persons who work in a professional School
CNS 7/2010
The members of the Board or general assembly of a professional school they can access to the data of the remunerations of the different jobs of the school -without the need for identifying the persons who occupy the places, with general character-, in so far as having attributed in relation to the control of the government organ or the other functions that he attributes him the law or the statutes is necessary for the exercise of the functions. The members of the Executive Council or board of directors of a professional school can access it in so far as this access is necessary for the exercise of the functions that they have assigned as members of the government organ, in accordance with what has been foreseen expressly in its statutes.
01/01/2010
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Corporate administration
- Professional associations
- ENTITIES
- Public administration
- Corporate administration
- Professional associations
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- TRANSPARENCY
- Right of access to information
Possibility to publish the particular address of the ones registered in the professional association from a professional school
CNS 32/2010
The diffusion to través d’Internet of data of personal character has to be considered like a communication of data (article 11 of the LOPD). Since the rule applicable to the case (article 10 of Law 2/1974) does not foresee that access is given to the personal datum “adreça particular”, this datum cannot be an object of communication or diffusion on the part of the School unless some other rule coincides with legal rank that fits out the communication or the consent of the headlines. The proposal of the School d’adreçar a writing in the ones registered in the professional association informing that, if they do not communicate in a determinate deadline its professional address the School will publish its personal address in the Register of Registered in the Professional Association, s’ajusta in that substantial in what would be the provision d’un unambiguous consent (article 6.1 of the LOPD), which even in this case could be tacit, with regard to what he foresees, especially, the RLOPD. This, always and when the School informs the ones registered in the professional association of all what requires the regulations.
01/01/2010
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Corporate administration
- Professional associations
- PERSONAL DATA
- PERSONAL DATA
- Identification data
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Corporate administration
- Professional associations
- ACCESSIBLE SOURCES
- PRINCIPLES
- Lawfulness principle
- Consent
Use of the census on the part of the auditors of the political parties accredited in the boards in an electoral procedure
CNS 20/2010
The political parties have the right to obtaining a copy of the electoral roll d’acord with the that l’article 41.5 of the Organic Law establishes 5/1985, of 19 June, of the General Electoral Regime, although the use of this census has to limit itself to the foreseen purposes in the same LOREG, being able to without to that the auditors to the polling stations on the day of the vote can, to split d’aquesta list, to control the persons who have not gone to exercise the right to vote in order to ask for them who go to vote, practice that of hard-him to term it would affect clearly the privacy of the persons since it can condition in an unjustified way the free and secret character of the right to vote.
01/01/2010
- SECTORIAL AREA
- Electoral system
- Electoral roll
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- Identification data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- ENTITIES
- Public administration
- Local administration
- Council
- Political parties
- PRINCIPLES
- Duty of secrecy
- Lawfulness principle
- Consent
- TRANSPARENCY
- Right of access to information
Treatment of the data contained in the Catalog of data and electronic documents
CNS 26/2010
S’analitza the supposition in which an organ that requires data obtains a “verificació positiva” of the information, without that s’afegeixi any other information, case that it does not mean a revelation of new particulars and it is not necessary to require the consent from l’afectat; s’analitza also the supposition in which l’òrgan obtains a “verificació negativa”: in this case, or, obviously, if the initial information is modified or s’afegeix any complementary personal datum, produced s’ha a cession or communication of data (articles 11 and 21 of the LOPD). In the case of the negative verifications, the forecasts of the LOPD can give sufficient coverage to the cessions of data, without it being necessary to collect the previous consent of the persons concerned. It is necessary to take into account the forecasts of the Law 30/1992 (article 78.1 and article 71.bis), and the habilitations that transpire from the Law 26/2010 (articles 35 and 36), or sectorial normative d’altra.
01/01/2010
Total number of pages: 35