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67 results were found for your search terms DATA CONTROLLER
Communication of data on the part of the dealer of a public service in the town council that is titular of the service
CNS 37/2011
The Town Council, as titular public administration of the service, will be able to access all the personal information that has treated like management of sport facilities the dealer entity for the provision of the service. The communication of particulars from the files of private titularity of the dealer entity in the Town Council could find habilitation in the article 11.2.c) of the LOPD, if the customers of the dealer entity, in the moment of giving its particulars, know the municipal titularity of the service, in so far as these data are necessary to be able to develop, to fulfill and to control the juridical relation that the company maintains with them and that they have freely accepted. The Town Council, as an assign of the data that the dealer entity facilitates him, taking into account that it has not collected the data directly of the person concerned, should comply with the duty of information in accordance with the section 4 of the article 5 of the LOPD, unless the interested persons have been informed of it formerly.
22/12/2011
Report in relation to the Project of Decree for which the Regulations of the Law 15/2009, of the 22nd July, of mediation are approved in the area of the private law
PD 28/2011
01/12/2011
Several questions related with the implantation of a project that foresees the use of defibrillators devices in public places
CNS 1/2011
La starting of a project that foresees the use of defibrillators in public spaces allows the collection of personal information that can be associated with the given person and, therefore, manage to identify it without requiring disproportionate efforts. The cession of the data of health recorded in the devices in the health centre so that they incorporate into the clinical history of the patient is considered legitimate in this case (article 11.2.f) of laLOPD). The installation of a camera in the booths in which the defibrillators will be placed will have to fulfill the forecasts of the Instruction 1/2009 in order to be able to consider its treatment legitimate.
24/01/2011
Appraisal of the need of the consent of the citizen in the exercise of functions typical of the Administration
CNS 49/2010
L’Administració responsible for the file has the duty of controlling that the treatment of the personal information that is carried out through the SINK is respectful with the whole of the foreseen principles and guarantees in the regulations of data protection, as the case of the realization d’auditories can be. The not needed of consent for l’exercici of the functions that the General Intervention has attributed to access to determinate data related with l’exercici of its functions, it does not have to lead to excluding this organ of the possible auditings or other means of control from the good functioning of the system that he can establish l’Administració, consideration that can be extensible also in other areas d’actuació of the same Administration. The need or not of having the consent of the headlines of the particulars on the part of the users of the SINK it is irrelevant to the effects of determining the convenience d’excloure determinate users of the SINK of foreseen l’auditoria.
19/01/2011
Legitimacy of a communication of data with a Town Council and application of the figure of the person in charge of the treatment
CNS 50/2010
Taking into account the Law 11/2007 (articles 6.2.b) and 9), that he remits to the regime of communication of the LOPD (art.11), and to lack of rule with legal rank that fits out the communication of particulars of the files of l’Ajuntament related to the management of l’IAE in l’Administració that formulates the consultation, the cession requires the consent from the titular physical persons of the data. This consent is, also, necessary for application of what orders the tributary regulations (article 95.1.k) of the Law 58/2003, of 17 December, general tributary). It is necessary to discard the possibility of an order of the treatment being able to be established -l’Administració being the responsible and l’Ajuntament (IMI) l’encarregat of the treatment-, since this does not treat the information “per compte” of consulting l’Administració, but that it is the responsible for the concrete information that it is necessary to deal in the object system of consultation.
19/01/2011
- SECTORIAL AREA
- E-administration
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- DATA PROCESSOR
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- PRINCIPLES
- Lawfulness principle
- Consent
- DATA CONTROLLER
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
Access to particulars contained in reports of subsidies concession
CNS 8/2010
The data processing that they are responsibility of the Local Council he has to undergo to the whole of duties and principles of the LOPD, in particular, to the general regime of cession foreseen in the articles 11 and 21 of the LOPD. For application of the principle of quality, the communication has to refer only to the data that result from the town councils, in this case, suitable, pertinent and non excessive for the fulfillment of the legitimate purpose to proceed to the payment of the subsidies and, if it is proper, to give fulfillment to the functions of taxation that foresees the applicable regulations. It corresponds to the responsible for the treatment to do an exercise of ponderation, especially in relation to the sensitive data, in order to value which data can be an object of communication. It is recommended to the assignors public administrations and assigns of personal information that, in the measure of the possible one, the exchange of data of the affected ones is protocol·litzi.
01/01/2010
Communication of data of patients given in a hospital in the Agency of Public Health
CNS 9/2010
Several communications of identificatives data and of health of the patients of a hospital, being the assign the Agency of Public Health, and taking the LOPD and the sectorial regulations into account, are analyzed. In a concrete case brought up, and within the framework of functions eminently epidemiological and statistical, the communication feels fitted out for the sectorial regulations, but requires the anonimització of the data; this, without harm that the regulations can concede to the assign emmarcables functions in the provision of sanitary assistance, or that the consent of the patients is counted. Also the communication of data in relation to notifiable diseases, and the communication of patients data in risk of social exclusion are analyzed. In general thermal baths, the hospital can request to the assign suitable and sufficient information with respect to its request of access to data, and the assign has to specify or justify enough the purpose and the legal habilitation of the communication.
01/01/2010
Data processing personal carried out by the instrumental entities of a Town Council
CNS 17/2010
The communication of data between a Town Council and an instrumental entity has to undergo the general regime established in the LOPD (articles 11 and 21). In the suppositions in which it is not ordered of habilitation in accordance with these articles, the access to particulars that are treated under the responsibility of the Town Council on the part of an instrumental entity, through the formalization of an order of the treatment (article 12 of the LOPD), can be legitimated. It is insufficient to the effects of formalizing an order of the treatment, the substitution of the foreseen contract in the article 12 quoted by other types of instructions and orders given to the instrumental entity by the responsible, since these do not fit to the demands of the foreseen regime in the LOPD for the figure of the person in charge of the treatment, that an agreement of wills requires.
01/01/2010
Total number of pages: 7