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102 results were found for your search terms Proportionality
Made possible that the town councils facilitate data of foreign persons of the municipal Census of inhabitants
CNS 10/2010
In spite of that the access on the part of the General Direction of Police, for the exercise of its competences on the subject of control and permanence of the foreigners in Spain, to the data of personal character of the municipal Census of inhabitants related to persons foreign that they are in situation irregular, he can find habilitation to the Disposal Additional seventh of the Law of Bases of the Regime Local, it is not necessary or justified from the point of view of the regulations of data protection, that the town councils communicate of profession To the General Direction of Police the data of the foreign persons who register in the Census. In the rest of suppositions, in accordance with what orders the additional fifth Disposal of the L.O. 4/2000, about rights and freedoms of the foreigners in Spain and its social integration, the obtaining of the data of the municipal Census on the part of the competent administrations that are necessary for the procedure of the foreseen procedures for the mentioned organic Law, has a way specific to access through the data of the Census which the National Institute of Statistics has. In any case, the Agency has also pointed out that, in spite of what has just exposed itself, which constitutes the valid legal regime, the implementation of effective policies of control of the permanence of the foreign persons in Spain considers convenient to attempt to look for a solution which it allows to make compatible in better measure, with the essential contents of the fundamental right to the protection of data.
01/01/2010
Request of access to consultations formulated to the Register of Companies Accredited from Catalonia
CNS 18/2009
The possibility of a Unit of Executive Collection rising is brought up to access the consultations that are made in the Register of Companies Accredited of Catalonia to intervene in the process of recruitment in the sector of the construction. The cession in the Executive Collection would be legitimated by a rule with rank of law but, so that it can be considered proportional to the recaptatòria purpose, the other less invasive means through which rises have to have been exhausted to have knowledge of the orders that they are made in indebted companies and in any case would remain limited to the concrete suppositions in which the money and current accounts of the subcontractor company are not sufficient to attend to the debt in the face of the Unit of Collection Executive.
01/01/2009
System of hourly control of the staff of a provincial Regional Government through digital imprint
CNS 22/2009
Implantation of a system of hourly control through the digital imprint on the part of a provincial Regional Government. The digital imprint has consideration of personal datum (art. 3 to) LOPD and 5.1 f) RLOPD). Its treatment is considered in agreement with the principles of proportionality and quality of the data (art. 4 LOPD), to be a suitable, pertinent and non excessive treatment in relation to the purpose of to control the fulfillment of the timetable of the workers, without necessary being to have its consent (art. 6.2 LOPD). However, it will be necessary to comply with the rest of principles and duties to the LOPD, especially, the duty of informing (art. 5 LOPD), the modification of the file of "staff" or, the creation and inscription of a specific file for this treatment (article 20 of the LOPD) and the adoption of exigible safety measures, and if, the application of additional measures in attention to the nature of the treated information and the predictable risks, is proper.
01/01/2009
- PERSONAL DATA
- PERSONAL DATA
- Biometric data
- Fingerprint
- Identification data
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Local administration
- Provincial council
- SECURITY MEASURES
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
- CATALAN DATA PROTECTION REGISTER
- Data files
Cession of data of the relatives of minors given in a hospital, to requirement for the public administration
CNS 1/2009
The possibility of a hospital being able to hand over, requirement for the competent public administration on the subject of protection of minors, data of the relatives of the given minors is brought up. The regulations about protection of the minors allow all the information that is pertinent, including the one related to the environment family of the minor, to consider that the competent public administration has legal habilitation to access. Even so, the indiscriminate or generalized access to all data of the relative of the minor of which he orders the hospital, contrary at the beginning of quality (article 4 of the LOPD) could work out, since any access to the data has to be proportionate. Therefore, it is advisable that the hospital carries out a previous exercise of ponderation, and values, out of all the information which it has about the relative of the minor, which of this information can be relevant for the fulfillment of the legitimate purpose of informing about the situation of risk of the minor.
01/01/2009
Request of information that a deputy of the Parlament de Catalunya formulates to a Public Administration
CNS 5/2009
A deputy of the Parliament sol•licita to have access to the data contained in the reports related to reports of protection of minors. It is necessary to make the law of access of the deputies to the information of which he orders the public administration, with the protection of particulars, compatible. The Regulations of the Parlament de Catalunya constitute, the legal habilitation necessary for the cession of the data without the consent of the persons concerned, with general character without harm of the fulfillment of the principles and foreseen duties in the LOPD. Since the reports include data especially protected or sensitive, it is considered exigible in this case to dissociate or to anonymize the information in a way previous to the communication to the deputies of the Parliament, in order to not allow the identificabilitat of concrete physical persons. It will be necessary also to determine the concrete system of coding or anonimització and the concrete way of giving access to the information.
01/01/2009
Data processing for a mercantile entity adjudicator of a service of a public entity
CNS 6/2009
The mercantile entity adjudicator of a social service of telephonic attention has the condition of person in charge of the treatment if it does not decide about the purpose, contents and use of the treatment and like this it is indicated in the administrative contract that it is formalized for the provision of the service, following the forecasts of the article 12.2 of the LOPD. Otherwise, he will be considered responsible for the treatment. The fulfillment of the duty of information corresponds to the mercantile entity with character previous to the recording of the telephonic conversation. In case calls of emergency are produced the exception of the duty could always operate for information for its linking to the public safety (article 24.1 of the LOPD) and when the data processing personal it keeps in the margins of the determinate, explicit and legitimate purpose for which the data have been obtained.
01/01/2009
Implantation of hourly control system through digital imprint in a Public Administration
CNS 9/2009
Implantation of a system of hourly control through the digital imprint on the part of a public administration. The digital imprint has consideration of personal datum (art. 3 to) LOPD and 5.1 f) RLOPD). Its treatment is considered in agreement with the principles of proportionality and quality of the data (art. 4 LOPD), to be a suitable, pertinent and non excessive treatment in relation to the purpose of to control the fulfillment of the timetable of the workers, without necessary being to have its consent (art. 6.2 LOPD). However, it will be necessary to comply with the rest of principles and duties to the LOPD, especially, the duty of informing (art. 5 LOPD), the creation and inscription of the file (art. 20 LOPD) and the adoption of exigible safety measures, and if, the application of additional measures in attention to the nature of the treated information and the predictable risks, is proper.
01/01/2009
Access to data of the municipal census of inhabitants on the part of the department of staff management of the Town Council itself
CNS 10/2009
Access to the data of the municipal census of inhabitants of a Town Council on the part of the department of staff management of the same Town Council. The municipal census of inhabitants is a register that is configured like a data base of personal character, and the LOPD is for him of application. It will be necessary to take the principles and disposals that restrain themselves in this rule into account. The department of staff of the Town Council, in exercise of its functions, it is legitimated for accessing the data of the municipal census with the purpose that motivates the consultation that it is that of accessing the datum of the address of a municipal worker in order to practice communications derived from the relation of services that it links it to the Town Council.
01/01/2009
Consideration of a private foundation, adjudicator of a public service, as a person in charge of the treatment
CNS 12/2009
Possible consideration of a private foundation, adjudicator of the rendering of services social, as a person in charge of the treatment and fulfillment of the duty of information. The private foundation would have the condition of person in charge of the treatment whenever it does not decide about the purpose, contents and use of the treatment and it is indicated in the administrative contract that it is formalized for the provision of the welfare services, and in the same contract the forecasts of the article 12.2 of the LOPD are collected. Otherwise, she will be considered responsible for the treatment. The fulfillment of the duty of information foreseen in the article 5 of the LOPD corresponds to the entity that collects the data of personal character and with character previous to the collection.
01/01/2009
Taxation of information associated with the calls carried out from telephones of the Town Council
CNS 47/2009
It is proposed if an auditor of a Town Council can control, without express authorization and through the bills of telephone which it has, to that one who calls to himself, and/or attempt to find out the motive of the call. The exercise of the function of control and taxation of the municipal auditors does not run out exclusively on controlling the amount of the bills, but it could reach all those operations and necessary performances to give fulfillment to the auditor functions, of financial control and of control of efficiency. The knowledge on the part of the auditor of the personal information in question, although not in a generalized way, yes it can be adjusted to the principles of the LOPD in concrete cases. The knowledge on the part of a court qualifier -what the auditor takes part in-, the information could request, as such, that it works out necessary for the fulfillment of its functions. In any case, the Town Council has to keep vigil so that its workers and charges treat the particulars suitably.
01/01/2009
Total number of pages: 11