The information on which the search is based has been translated by a computer system without human intervention. It may contain errors in vocabulary, syntax or grammar. The translation may also produce mistakes in the searches performed.
341 results were found for your search terms Lawfulness principle
Request of a citizen in order to obtain copies of the Property Register of Rústega of a town
CNS 11/2009
A citizen requests the obtaining of copies of the Estate Property Register of Rústega of the town. The data of the cadastral headlines that are physical persons, and that are evident to the Property Register, are data protected by the LOPD. To hand over particulars the consent of the headline is necessary, unless, among others, a law authorizes the cession. The Law of the Property Register establishes an access restricted to the treated data, and requires the consent of the headlines or the concurrence of suppositions rated in the law itself. The participation of the citizen as a witness in a notarial writing does not mean a sufficient legal habilitation, is then not a foreseen supposition to the Law of the Property Register. Therefore, the cession in this case is not protected by the LOPD, without harm of the possibility to resort to the consultation of other public Registers.
01/01/2009
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
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
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
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
Obtaining of the services of Google Analytics and legislation of protection of particulars
CNS 1/2008
Recruitment of the services of "Google Analytics" on the part of an entity of public law in order to improve the performance of the corporative page, the information and the services loaned to the citizen. The information that is treated can contain data of personal character. The IP address is considered personal datum whenever he makes a determinate physical person identifiable. The principles and duties to the LOPD, especially, the duty of information and the principle of consent are recommended to subject its treatment to.
01/01/2008
Questions related to the procedure of inscription in the Register of Industrial Establishments of Catalonia
CNS 2/2008
The procedure of inscription is studied to the Register of Industrial Establishments of Catalonia (REIC). The data processing analyzes personal related to employers individual (art. 2.3 RLOPD) and the named "directories of company" (art. 2.2 RLOPD). Determined data that are included in the REIC have the condition of personal character data, and its rest treatment subjected to the principles and duties to the LOPD and rest of applicable regulations. The access to data of the Business Register on the part of the tramitador organ of the REIC, once the accounting of the purposes of assignor and assign has been attended to, does not require consent specific and differentiated on the part of the headline in the moment of making the declaration. The access to the data for third parties requires the accreditation of a legitimate interest.
01/01/2008
Access to data of health on the part of a public entity
CNS 10/2007
Access on the part of the workers d’una public company on the subject of health, to the clinical histories of determinate patients/users d’un hospital with the purpose d’investigació. L’accés to the particulars of the patients/users d’un hospital s’entén like a cession or communication of data and it is subjected to that that he orders the sanitary regulations with respect to the uses of the clinical history. L’accés will be possible always and when the consent of the patient for the cession of the data of personal character is evident or that the cession is carried out in a way dissociated, sorting out the data of character clinicoassistencial d’aquelles that allow the personal identification.
01/01/2007
Frame agreement to implant the shared clinical history in Catalonia
CNS 11/2007
L’objecte of the proposal of Frame Agreement consists in integrating the public and private health centres of the public network d’utilització into the process d’implantació of the Shared Clinical History in Catalonia. Since the data of health are considered as specially sensitive and protected in the legislation of data protection, and taking the applicable sectorial regulations into account, it is considered necessary to revise the forecasts made with respect to the consent of the patients, to determine the purposes and uses of the data of the patients in this context, in order to respect the principle of quality, and to define the forecasts about the right d’informació and l’exercici of the rights of the patients, between d’altres.
01/01/2007
Total number of pages: 35