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18 results were found for your search terms Legitimate interest
Sending of information about products and services on the part of a company that manages a public service
CNS 2/2019
The society could send by postal mail the information about the exhibition to the consultation referring to all those customers who have accepted the reception of promotional communications, about the juridical basis of the consent of l'interessat.Aquesta communication will not be able to be made to the customers who denied its consent in the reception of promotional communications. For those customers who have left blank the boxes related to the consent with respect to the reception of promotional communications the possibility to make this communication with regard to the legitimate interest of the company would remain open. When the object communication of the consultation is made for electronic means, the special regime configured by the Law 34/2002, of 11 of July, of services of the information society and of the e-Commerce, will be applied him. Consequently this information to the users that they denied will not be able to send its consent to itself in the reception of communications commercial or that left both options blank. The sending in a future of communications similar to the exposed ones in the consultation basing itself in an own legitimate interest or of third one, it will require to analyze and to document the existence of the preponderant legitimate interest with respect to those customers who have left the boxes related to the consent blank in relation to the promotional communications. For the communications for electronic mail the express consent of the customer will be necessary in all cases.
29/01/2019
Elaboration of a data base obtained from several webs with informative purpose
CNS 46/2017
The autonomous organization has habilitation to be able to address oneself and to treat data of contact of the persons in the service of the Administration of the Generalitat, of the local entities of Catalonia and of the Catalan universities, in exercise of its functions, in accordance with article 6.2 LOPD, and if the article 6.1.e is proper) of the RGPD. Beyond these collectives, the collection of contact data of other persons would require its consent or another of the foreseen habilitations to the regulations of data protection. If the data retire of a web, it will be necessary to inform the persons affected in the deadline of three months since the moment in which they retire and to include the forecasts of articles 5.4 and 5.1 a), d) and e) LOPD. These considerations would be applicable if the contacts belong to persons who live in Catalonia as well as if they live out of Catalonia.
23/10/2017
Habilitation of a public entity for the treatment of determinate professional data
CNS 40/2017
The professional data that the consultation refers to have to be considered as data processing of personal character and are subject to the European, Spanish and Catalan regulations on the subject of data protection. The consulting entity cannot treat these professional data without obtaining the consent of the headlines with regard to the article 6.1.f) of the RGPD, in spite of that yes that it can treat them with regard to other sections of the same article, as the articles 6.1.a), 6.1.b) or with regard to the foreseen habilitation in the article 6.1.e) consistent in which the treatment is necessary for the fulfillment of a mission carried out in public interest or in the exercise of public powers conferred on the responsible for the treatment.
03/10/2017
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
Recording on the part of the citizens of the conversations maintained with members of the team of municipal government
CNS 2/2016
The recording of the conversation of a member of the team of government for a citizen in principle requires the previous consent of the affected one. However, it could be legitimated if it is made in order to use it with occasion of the demand of responsibilities. The diffusion, without consent, of this conversation could be legitimated when the recorded information is truthful, given public significance has the object matter of the information or the implicated person, and its diffusion is proportionate to the general interest that justifies.
05/02/2016
Engraving of the conversation and catchment of the image of the municipal staff of civic attention
CNS 58/2015
The catchment of the image and of the voice of the workers of the Town Council for a citizen requires, normally, the previous consent of the affected one. Even so, in some suppositions it can be understood that there would be a legitimate interest that could fit out this treatment, he regrets that the citizen complies with the principles and duties that the regulations impose to protection of data necessary. In the present case, the catchment of the image in order to identify the worker easily would be a disproportionate data processing. The recording of the voice would also be it in order to have evidence of the presentation of a writing in front of the Town Council or of the information requested to the Town Council. However, to record it in order to use it with occasion of the demand of responsibilities it can have habilitation in determinate suppositions.
03/12/2015
- SECTORIAL AREA
- Public services
- Social networks
- PERSONAL DATA
- Employees' data
- Image
- Voice
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Local administration
- Council
- PRINCIPLES
- Lawfulness principle
- Legitimate interest
- PENALTY SYSTEM
- CATALAN DATA PROTECTION REGISTER
- Data files
- Privately owned files
- DATA CONTROLLER
Communication of persons data in situations of risk of social exclusion on the part of the judicial organs to the municipal social services
CNS 55/2015
The judicial organs can require the collaboration of the competent social services when, during the procedure of the procedures of mortgage execution or of eviction for impagament for rent, they have reasonable evidence that the sued person and their family unit are in situation of special vulnerability or risk of exclusion social, to the effects of carry to term the eviction. To such effect, the identity, the address and the situation derived from the judicial process in which they can be can yield the ones affected, on being a data processing necessary for the fulfillment of the mission of public interest that the Law 12/2007 attributes to the social services, to the social services.
19/11/2015
Possibility to publish diverse municipal information in the web of the Town Council
CNS 43/2013
The diffusion of personal information in the web of a Town Council is a cession of data (article 11 LOPD), that he requires the consent from the persons concerned or from a habilitation in rule with rank of law. The application of this regime in several suppositions is analyzed, in particular, in relation to the publication in the municipal web of information related to economic remunerations and expenses of representation and other municipal expenses; in the Local diffusion of information of the municipal Plenum and Executive Councils, decrees of mayor's office and motions of the Plenum; to information on the subject of subsidies and of recruitment, as well as with the possibility to spread information related with the municipal public corporation, as the agreements of the Council.
31/10/2013
- SECTORIAL AREA
- E-administration
- Files and documents
- Administrative procedure
- Contracting
- Subsidies
- Urbanism
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- Employees' data
- ENTITIES
- Public administration
- Local administration
- Council
- PRINCIPLES
- Lawfulness principle
- Legitimate interest
- Quality principle
- Proportionality
- TRANSPARENCY
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