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183 results were found for your search terms Consent
Cession of data from a sanitary center to the doctors of patients company who work risk for the security of third parties in works that could imply a height
CNS 16/2017
In sight the regulations, there is not legal habilitation for the cession of patients data with active consumption of addictive substances and with a profession of risk for third, from the Hospital that attends to the patient in the company in which it works. The duty of complaint (art. 262 LECrim) he fits out the communication to the courts and courts or the Fiscal Ministry of facts that they can be constitutive of crimes public, and not to the complaint of mere suspicions, facts or circumstances that could influence on the future commission of some crime or of other situations of risk. It is not inferred from the regulations (LOPD, CP and LECrim) that the judge can fit out the communication of data of the patient given in the Hospital, in the company, to lack, through a dispensation punctual and for concrete cases, of the express consent of the one affected or of a habilitation sufficient in rules with legal rank.
07/04/2017
Report in relation to the Preliminary Sketch of law about the digital wills and of modification of the books second and quarter of the Civil Code of Catalonia
PD 1/2017
09/02/2017
Process of detection of high capacities
CNS 4/2017
The proposed measure consistent in requesting the conformity of the parents or legal tutors to carry out a psycopedagogic evaluation, to the effects of confirming if the students have high capacities, is appraised positively. On the other hand, in attention at the beginning of quality, it does not seem necessary to preserve, beyond the period of compulsory or postcompulsory education, the documentation derived from these evaluations.
07/02/2017
Check of the personal information contained in the requests of social benefits
CNS 75/2016
The Local Council is in the request of the provision, as well as the data related to the members of the economic unit of communal life that the additional seventh disposal of the Law 2/2014 foresees expressly authorized to check out the contained information, without the consent of the applicant.
21/12/2016
- SECTORIAL AREA
- Administrative procedure
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Local administration
- County council
- PERSONAL DATA
- Sensitive data
- ENTITIES
- Public administration
- Local administration
- County council
- PRINCIPLES
- Lawfulness principle
- Consent
- In the public interest or in the exercise of official authority
Cession of data on the part of the supplying companies to the municipal social services
CNS 74/2016
In accordance with the valid regulations in the moment of issuing this judgement, the supplying companies can communicate to the municipal social services, without consent of the affected persons, the data identificatives and of contact necessary (name and surnames of the headline of the service, its NIF/NIE, and the address of the supply -physical address-, telephone or electronic mail address, and number of supply contract), to be able to contact these, in a previous way to a cut of supply being produced, in order to elaborate the pertinent report (art. 6.4 Law 24/2015). There is not sufficient legal habilitation to communicate the other indicated data to the municipal social services, on the part of the supplying companies, in the terms pointed out in the consultation. For the communication of this other information, the consent of the persons affected, in the exposed terms, would be necessary.
16/12/2016
- SECTORIAL AREA
- Water supply
- Social services
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- PERSONAL DATA
- Identification data
- ENTITIES
- Public administration
- Local administration
- Council
- Others
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
Communication of data among the lender companies of the service of water supply and the municipal social services
CNS 64/2016
In accordance with the valid regulations in the moment of issuing this judgement, the supplying companies can communicate to the social services, without consent of the affected persons, the data identificatives and of contact necessary (name and surnames of the headline of the service, its NIF/NIE and the address of the subminstrament -physical address-, telephone or electronic mail address, and number of supply contract), to be able to contact these, in a previous way to a cut of supply being produced, in order to elaborate the pertinent report (art. 6.4 Law 24/2015). In these cases the social services can also inform in the company about if it coincides or not the foreseen supposition (art. 5.10 Law 24/2015). There is not sufficient legal habilitation to communicate the social services data, on the part of the supplying companies, related to cases of impagaments in a way general and preventive, and in relation to an indeterminate number of persons. The affected persons have to be able to exercise the law of opposition (art. 6.4 LOPD and 21 RGPD).
16/12/2016
- SECTORIAL AREA
- Water supply
- Social services
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- PERSONAL DATA
- Identification data
- ENTITIES
- Public administration
- Local administration
- Council
- Others
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
Publication of data related to the resolutions of authorization or recognition of accounting
CNS 73/2016
In the cases in which it has been authorized or recognized the accounting of a secondary activity, the Law 19/2013 justifies, in attention to the prevailing public interest, that the publication of the data incorporates the identificatives data (name, surnames and charge) of the affected public employee, like this how him activity and the company or entity where it develops it, unless the affected person is found special in a situation of protection, circumstance that would justify to carry out a new ponderation. As for the datum related to the location of the company or entity where the secondary activity is developed, it is in principle a matter of an unnecessary information to attain the purpose that the rule pursues, even though in determinate suppositions its publication could be justified.
12/12/2016
Exchange of information in relation to the expedition and management of the social tickets
CNS 69/2016
There is not contradiction of the article 28.2 LPAC with the demand for the article 4.9 of the RGPD that the consent manifests through a declaration or a clear affirmative action, because the habilitation would derive from the same LPAC in relation to the e letter) of the article 6.2 of the RGPD. However, the application of the foreseen mechanism in article 28 has to limit itself to the administrative procedures of the entities that have the condition of public administrations. The exchange of data among the administration that it has the information about the titles of numerous or monoparental family or about the situation of unemployment and the entity that sends the ticket cannot found in the b letter) of the article 6.1 of the RGPD since it is not an exchange strictly necessary for the expedition. Regarding the letters c) and e) of same article 6.1 RGPD yes that they could fit out the exchange, whenever it is in a rule foreseen with rank of law that is concrete, precise and predictable.
29/11/2016
Publication and consultation of the beneficiaries for scholarships and helps
CNS 59/2016
The publication of the listing of persons beneficiaries (name and surnames), with indication of the amount of the scholarship granted to students that process studies laid compulsory (Resolution of 30 July 2015), sufficient habilitation has in rules with legal rank (LGS and LT), so that it is not necessary to have the consent of the ones affected (art. 11.2.a) LOPD). There is not sufficient legal habilitation, to the effects of the regime of data communication (art. 11.2.a) LOPD), to publish and to spread the listing of the helps for pupils with specific need of educational support (Resolution of 24 July 2015), unless the identity is preserved from the beneficiaries, given the singularity of the article 15.1.c) LTC. It is necessary to the web of the Department of Education to establish measures adapted to articulate the consultations.
24/11/2016
- SECTORIAL AREA
- SECTORIAL AREA
- Subsidies
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- PERSONAL DATA
- Identification data
- Sensitive data
- ENTITIES
- Public administration
- Autonomous community administration
- SECURITY MEASURES
- PRINCIPLES
- Lawfulness principle
- Consent
- TRANSPARENCY
- Active publicity
- Subsidies
Opposition of the doctors of the ICAM to the recording of the medical inspections
CNS 58/2016
The recording of the conversation with the doctors of the ICAM, for the person subjected to medical inspection and/or its escorts, constitutes a data processing personal (art. 3 c) LOPD), that he will have to undergo the principles and duties to the regulations of data protection. The recording of the conversation in question can require, normally, the previous consent of the doctor. If the consent is not conceded, and there is not another juridical basis that can fit out the treatment, in principle this will not be legitimate, even though it cannot be discarded that in some suppositions a legitimate interest coincides that could fit out the treatment, the fulfillment of the principles and duties regrets necessary, in this case, that it imposes the regulations of data protection.
15/11/2016
Total number of pages: 19