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341 results were found for your search terms Lawfulness principle
Communication of minors data among public administrations
CNS 1/2006
The informative flows of the data of the persons under age among different public administrations in exercise of the competences on the subject of protection of the children and teenagers are protected by the regulations of data protection, without the need for having the consent of l’afectat. However, only the data can be treated that are strictly necessary for the development of the functions of protection of the minor person in situation of risk or of helplessness. It is advisable to establish protocols d’actuació in order to protect the data.
01/01/2006
Cession of particulars at the forces and the security corps
CNS 2/2006
The authorities and the public civil servants have to collaborate with the forces and security corps and loan them l’auxili that is possible and suitable for the protection of the law and order. In the supposition that s’excepciona considers the requirement of the consent of the interested person however, in basis at the beginning of quality, the particulars that are an object of communication have to be exclusively those that are suitable, pertinent and non excessive d‘acord with the legitimate, explicit and determinate purposes in which s’han of being destined.
01/01/2006
Diffusion of information of a data base of historical character
CNS 3/2006
The protection of data is a law fundamental and of very personal character, the consent of the person affected for dealing therefore needs the data, previous information of the purpose that is pursued. The information related to the deceased persons is not subjected to the regulations of data protection however, according to sectorial regulations and, with general character, if treats itself like documents that they can affect the rights to l’honor, the privacy or the image itself, the diffusion will be possible when they have gone by the deadlines established to the applicable regulations.
01/01/2006
Cession of data of presumed infractors on the subject of environment
CNS 13/2006
L’accés to data of personal character without the consent of l’afectat is expressly recognized by the law regulatory of waste, to attend to another law of constitutional significance as the protection of the environment is. The authority who exercises functions of inspection and sanction can access the pertinent, suitable and non excessive particulars, but the access through the requirement to one third is a restrictive measure upward to the protection of data, and should be avoided, with general character.
01/01/2006
Sent to the board of negotiation of a collective agreement of data of the employees
CNS 5/2005
The data can retire to be treated and subject them to treatment when they are suitable, pertinent and non excessive in relation to l’àmbit and determinate, explicit and legitimate purposes for which s’han obtained, in attention at the beginning of quality of the data. In this supposition the law does not foresee the communication that he considers, therefore, the consent would be required from the affected workers by the collective agreement in phase of negotiation. The information could be given in a dissociated way and would not see itself affected the fundamental right to the protection of the data of personal character.
01/01/2005
Cession of data of the census in a school for informative purposes
CNS 6/2005
The cession of data of the municipal census, in particular the identity and address of minor persons d’edat in a center d’ensenyament, it is subjected to the regulations of data protection and to the applicable sectorial regulations. In this supposition, the cession of data is not expressly foreseen by a rule with rank of law, therefore, it would be necessary to have the previous consent of the parents or legal responsibles of the minors. To carry out the purpose that s’haurien d’utilitzar proposes itself other informative mechanisms that do not entail a cession of the data contained in the municipal census.
01/01/2005
Treatment of particulars for the realization of a study
CNS 20/2005
The particulars cannot be used for incompatible purposes with those for which they were picked up, without the posterior treatment being considered incompatible for historical purposes, scientific or statistical, as the case is. The consent is not required from the ones affected since the treatment is produced among public administrations. However, the group of research that elaborates l’estudi, as a person in charge of the treatment, will have to return or destroy the data of personal character once the realization of l’estudi concluded.
01/01/2005
Cession of tributary data in judges and courts on the part of a public administration
CNS 26/2005
The consent of l’afectat is not necessary when the communication of data has as addressees the judges or courts in exercise of the functions that they have attributed. The judges and courts, in the moment of formulating the requests d’informació to l’empara of the duty of collaboration constitutionally recognized, they have to consider l’aplicació of the principle of quality and s’hauran of tightening to those particulars that they are suitable, pertinent and non excessive d’acord with the legitimate, explicit and determinate purposes in which s’hagin of being destined, in attention at the beginning of quality.
01/01/2005
Sent to the tutelary administration of the electoral roll of a corporative administration
CNS 28/2005
The sending of the electoral roll could entail a cession of data but the applicable sectorial regulations foresee to give advertising to the electoral roll and, therefore, the public access to determinate data of the census is foreseen. S’habilita legally l’accés to this information personal, given the legitimate purpose of the own guarantees d’un electoral process. However, when corporative l’administració carries out performances that do not have the consideration d’exercici of public authorities, for any communication of data it will be necessary to collect the consent of the headlines except for the suppositions in which it is authorized by a law.
01/01/2005
Cession of data of the teaching staff of the Catalan universities
CNS 7/2004
The communication of the results of the process considers if possible d’avaluació of the teaching staff of the universities at other universities. It is concluded that the cession is not protected in head of the suppositions legally foreseen by the valid regulations as exceptions to the general rule of the consent of l’afectat. In case it is necessary the particulars to be destined to a different purpose authorization will be required by a rule with rank of law or the consent of the headline.
01/01/2004
Total number of pages: 35