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102 results were found for your search terms Proportionality
Diffusion of data of the workers across the web
CNS 18/2011
The diffusion of information of the data of the staff of a sanitary Consortium, related to its names and surnames, profession and workplace across internet, in addressing oneself to an indeterminate plurality of addressees, constitutes a cession of data, and therefore its publication requires the consent of the affected persons, or in its fault, a rule with rank of law that fits it out. In the case of the medical staff of the Consortium and in order to make the choice of doctor possible, this diffusion in the corporative web would find his legal protection in the laws 41/2002 and 44/2003. In the case of the sanitary statutory staff not affected by the possibility of choice of doctor, and of the non sanitary statutory staff, the principle of quality and proportionality of the data will have to be priced by the Consortium at attention to the functions that have, the belonging of the diffusion of its data in the web of the Consortium, attributed always having into consideration. And in all cases, the duty of information foreseen in article 5 LOPD.
20/05/2011
Implantation of a system of hourly control through digital imprint in a Public Administration
CNS 17/2011
The installation of a system of access control and timetable based on the identification of the workers of a Public Administration through the biometric pattern entails the data processing personal. In so far as the collection of these biometric data is carried out in a juridical work or administrative relation and has the control as a purpose, precisely, of its fulfillment, the Administration can treat them and pick them up without the need for requiring the consent from the affected ones. In this case, the fulfillment of the duty of information will have to be produced in the moment of the initial collection of the biometric pattern.
05/05/2011
Communication to the owner of a housing of the data of the persons who are there registered
CNS 15/2011
The delivery to a citizen of the data of the persons that they find or have been registered in a housing of its property constitutes a communication of data, and has to be carried out as such in accordance with the foreseen regime for the communications of particulars. The regulations regulatory of the data of the census, establish that out of the suppositions contemplated in these regulations, the data of the census are confidential and will be in what orders the regulations of protection of particulars and the LRJPAC. The communication of particulars contained in the Municipal Census of Inhabitants it can be carried out for third, whenever these prove a legitimate and direct interest for the exercise of this law (art. 37.3 LRPAC), previous ponderation on the part of the Town Council that will have to value if the legitimate interest can be attained without the need for affecting the right to the protection of data. In any case, the determination of the particulars that can be an object of communication will have to respect the principle of quality of the data, and in particular the principle of proportionality (art. 4 LOPD).
03/05/2011
Communication of particulars of reports of purification of staff and other reports that contain particulars
CNS 42/2010
The communication of particulars to investigators, relatives or citizens in general has to undergo the foreseen regime in the LOPD (articles 11 and 21). Especially the access on the part of investigators to determinate archives that contain particulars is analyzed, that it can be produced with determinate required conditions by the applicable regulations, mainly, to prove the condition of investigators and the nature of the study to carry out, scientific or cultural relevant, justifying the historical purpose and whenever the privacy of affected alive physical persons remains duly guaranteed. If it is proper, the signature of clauses of responsible confidentiality or declaration can be suitable in determinate suppositions. It is necessary to take the forecasts of the state and Catalan regulations into account from archives and the deadlines that they are foreseen there.
21/12/2010
- SECTORIAL AREA
- Files and documents
- TRANSFER OR DISCLOSURE OF DATA
- PERSONAL DATA
- Data of deceased persons
- Sensitive data
- Health data
- Administrative criminal offences
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of information
- PRINCIPLES
- Storage
- Purpose limitation principle
- Historical, scientific or statistical purposes
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
Communication of data of the Municipal Census of Inhabitants to two decentralized municipal Entities
CNS 48/2010
The communication of the particulars that figure in the historical one of the Municipal Census of Inhabitants from a Town Council to some Entities municipal decentralized, without having the consent of the affected ones, it finds sufficient legal habilitation in the TRLMC, in the measure in which it takes place for the exercise of the competence that these entities, subrogated in the position of the town, have attributed to a historical purpose on the subject of linked institutional relations and the knowledge of the address is relevant to be able to identify to the collective of persons who lived there during a period of time concrete.
21/12/2010
Communication from a Town Council of data related to headlines of estates to another Public Administration
CNS 46/2010
A local Public Administration can request, by itself, to access determinate cadastral data protected of the headlines of the estates of the neighboring town, in order to exercise the competences that it has attributed on the subject of fire prevention. This request of information, with general character, should go to the General Direction or managements or submanagements of the Estate Property Register. If, however, he goes to the Town Council of the town in question and this has these data, its cession without consent of the affected ones would be possible if the fire prevention was necessary for the exercise of the same competence, in this case, forest.
13/12/2010
Consultation of a professional School about the fulfillment of the regulations of data protection
CNS 43/2010
The segregation of the territorial Demarcation Catalan d’un professional School state d’àmbit to constitute a Catalan independent School will entail only the cession, without consent of the ones affected, of the particulars of the persons registered in the professional association with only or main professional address in Catalonia who are suitable, pertinent and non excessive so that they can register in the professional association in the Catalan School, without d’aplicació in this concrete case being the forecasts of l’article 19 of the RLOPD. Consequently, the School will have to give fulfillment to the duty d’informació, as well as the rest of principles and foreseen duties in the regulations in protection of particulars.
30/11/2010
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Corporate administration
- Professional associations
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Corporate administration
- Professional associations
- PRINCIPLES
- Quality principle
- Proportionality
- CATALAN DATA PROTECTION REGISTER
- Data files
- Privately owned files
- Publicly owned files
- File registration
- DATA CONTROLLER
Consultation of a professional School about the fulfillment of the regulations of data protection
CNS 45/2010
The communication of the particulars of the ones registered in the professional association in a professional School of state area that have only or main professional address in Catalonia at the Catalan professional School, can be carried out without having the consent of the ones affected, in so far as the cession has sufficient legal habilitation, although it does not exempt the affected ones from the fulfillment of the duty of information. The regulations do not establish any procedure in particular to carry out the transmission of the data, but in any case it is necessary to adopt the suitable safety measures.
30/11/2010
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Corporate administration
- Professional associations
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Corporate administration
- Professional associations
- SECURITY MEASURES
- PRINCIPLES
- Quality principle
- Proportionality
- CATALAN DATA PROTECTION REGISTER
- Data files
- Privately owned files
- Publicly owned files
- File registration
- DATA CONTROLLER
Appraisal of several questions related to the file "Victims of the civil war and represaliades persons for the Franco's regime"
CNS 33/2010
In application of the regime of data cession (article 11 LOPD), the analyzed regulations do not contain a legal habilitation legitimadora of the diffusion generalized of particulars of any person "victim of the Civil War or represaliada during the Franco's regime", or of related third parties, that it includes data especially protected. Therefore, it is necessary to have the consent of the affected physical persons. Apart from this, in the judgement the demands derived from the principle of quality and of the proportionality, especially in relation to sensitive data (article 7 of the LOPD), as well as the exceptions to the duty of informing are analyzed (article 5.4 LOPD) and the limits of the habilitation to treat data without the consent of the headlines, founded in the collection of data for the exercise of functions typical of the public administrations (article 6.2 LOPD).
17/11/2010
- SECTORIAL AREA
- Files and documents
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- PERSONAL DATA
- Data of deceased persons
- Sensitive data
- Sensitive data
- Union membership data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Autonomous community administration
- PRINCIPLES
- Purpose limitation principle
- Historical, scientific or statistical purposes
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
Possibility to spread images of the development of a full session across Internet in the page "Youtube"
CNS 6/2010
The diffusion of the images of the sessions of the municipal plenum that have public character, or of the parts of the same ones that have this character, it can be conceded on the part of the municipal plenum in accordance with the foreseen habilitation to the article 70 of the Law of Bases of Regime Local and in article 156 of the Text revised of the municipal Law and of local regime of Catalonia. With respect to the possibility that this diffusion is carried out through "Youtube", although the utilization of a tool like "Youtube" facilitates the diffusion all over the world of the images, he does not have to forget that the purpose of the diffusion is the participation of the community local, or or the neighbors of the town. Is recommended to carry out the diffusion through the municipal web in basis at the beginning of proportionality.
01/01/2010
Total number of pages: 11