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597 results were found for your search terms Right of access to information
Access to information about the distribution of union times among the affiliates to a Union
CNS 1/2010
The information referring to the distribution of the recognized union times to the affiliates is protected by the regulations of protection of particulars. The communication of the data, according to the article 11 of the LOPD, has to have the previous consent of the affected ones or, as an exception, the habilitation clear and specific to a rule with rank of law. The sectorial rules with rank of law do not foresee expressly the access of a union affiliate to the file of the Administration that contains the information about the distribution of union times among the affiliates of the same union that they enjoy. Consequently, in spite of that in accordance with the article 37.3 LRJPAC could be considered that the consulting one has a legitimate interest and direct, in so far as the pursued purpose could be attained equally without knowing the identity of the affected persons, in accordance with the articles 37.4 LRJPAC and 4 of the LOPD, it is considered that the communication of the information can be sufficient in an anonymized way.
01/01/2010
- SECTORIAL AREA
- Administrative procedure
- Data subject
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- PERSONAL DATA
- Anonymised data
- FUNDAMENTAL RIGHTS
- Right of trade union freedom
- ENTITIES
- Public administration
- Autonomous community administration
- PRINCIPLES
- Purpose limitation principle
- Quality principle
- TRANSPARENCY
- Right of access to information
- Workers' representatives
Communication of information to a town councilor about debts acquired by the town councilors
CNS 5/2010
The access on the part of the town councilor to a certification issued by the Town Council, positive or negative, in relation to the existence of debts of town councilors with the local Corporation itself who can be a cause of ineligibility or of posterior incompatibility, is adjusted to the demands of the LOPD. In relation in order to contrast the concurrence of causes of ineligibility or of incompatibility, the access to other information, as the ones related to debts not related with the Corporation itself it is not foreseen in the rule with legal rank (LOREG). Therefore, it would be necessary to require the consent from the headline, to lack of another rule with legal rank that gives the sufficient coverage in the access. A possible legitimate access to the data related to debts acquired with other Public Administrations by the town councilors, if it fits to the demands of the LOPD, cannot be discarded which the Town Council should consider in each case.
01/01/2010
- SECTORIAL AREA
- Electoral system
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Possibility to access data of persons who work in a professional School
CNS 7/2010
The members of the Board or general assembly of a professional school they can access to the data of the remunerations of the different jobs of the school -without the need for identifying the persons who occupy the places, with general character-, in so far as having attributed in relation to the control of the government organ or the other functions that he attributes him the law or the statutes is necessary for the exercise of the functions. The members of the Executive Council or board of directors of a professional school can access it in so far as this access is necessary for the exercise of the functions that they have assigned as members of the government organ, in accordance with what has been foreseen expressly in its statutes.
01/01/2010
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Corporate administration
- Professional associations
- ENTITIES
- Public administration
- Corporate administration
- Professional associations
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- TRANSPARENCY
- Right of access to information
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
Access to data of personal character contained in administrative reports
CNS 15/2010
The access on the part of a citizen to administrative reports that contain particulars constitutes a communication of data. The communication of particulars of an administrative report to the person concerned or potential interested, in the formality of audience, finds its habilitation legal in the article 84 of the LRJPAC. In case the communication is carried out during the period of public information, this will be able to be made to any physical or juridical person who in accordance with the article 86 of the LRJPAC, will be able to have access to all the report or a part of this. The data related to name, surnames, address, telephone number or electronic mail of a person, cannot be considered reserved data of the life of the persons, related to an intimate sphere, own and reserved area of the knowledge of the others, not enjoying therefore the consideration of intimate data. In the case of the maps of housings, these do not have because in principle to contain intimate data of a person. For the what it makes to the obtained qualifications in selective processes, has to be discarded that they are part of the intimate sphere of the person, although, its divulging will be subjected to the regulations of data protection.
01/01/2010
- SECTORIAL AREA
- Administrative procedure
- Data subject
- Urbanism
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- Identification data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- ENTITIES
- Public administration
- Local administration
- Council
- PRINCIPLES
- Quality principle
- TRANSPARENCY
- Right of access to information
Access of the town councilors to the register of entries and exits of the Town Council and other documents, and limits to the utilization of the data
CNS 38/2010
The access to the data of personal character contained in the register of entry and exit of documents of a Town Council, on the part of town councilors of the corporation, will be legitimate if he limits itself to the data necessary for the exercise of the functions that attributed and they can only use themselves for the fulfillment of the determinate, explicit and legitimate purpose that has generated the access to the data, in this case, the necessary development of the functions that correspond to the town councilors who make the request of information.
01/01/2010
Use of the census on the part of the auditors of the political parties accredited in the boards in an electoral procedure
CNS 20/2010
The political parties have the right to obtaining a copy of the electoral roll d’acord with the that l’article 41.5 of the Organic Law establishes 5/1985, of 19 June, of the General Electoral Regime, although the use of this census has to limit itself to the foreseen purposes in the same LOREG, being able to without to that the auditors to the polling stations on the day of the vote can, to split d’aquesta list, to control the persons who have not gone to exercise the right to vote in order to ask for them who go to vote, practice that of hard-him to term it would affect clearly the privacy of the persons since it can condition in an unjustified way the free and secret character of the right to vote.
01/01/2010
- SECTORIAL AREA
- Electoral system
- Electoral roll
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- Identification data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- ENTITIES
- Public administration
- Local administration
- Council
- Political parties
- PRINCIPLES
- Duty of secrecy
- Lawfulness principle
- Consent
- TRANSPARENCY
- Right of access to information
Request of a town councilor, who asks for copy of a report that is found judicial in headquarters
CNS 21/2010
The access to the municipal administrative report related to the object subject of consultation has to be accessible to the town councilors in order to be able to exercise its functions, and has to distinguish from the access to the previous diligences of a penal cause instructed by a Court of Instruction. Apart from suppositions of denial motivated of access, foreseen in the regulations, the existence of a litigious secret makes impossible the access of the town councilor to the information, in the same way that if the Town Council is not a part in the cause. In case the Town Council is a part in the cause, an access could be produced to the applicant town councilor always and when the access is produced within the framework of a legitimate purpose, determinate and explicit, as the development of legally attributed concrete functions, as the case would be of functions directly linked to the penal process, for example. It is necessary to take especially the principle of quality into account.
01/01/2010
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Purpose limitation principle
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Request of information of a town councilor about the situation of the municipal taxes to name of town councilors
CNS 22/2010
The information requested for town councilor is directly related with the management that the Town Council itself makes of the municipal tributes, and therefore, the information is not foreign to the functions themselves of the town councilors -who are a part integral of the town council-, among which the one is of controlling that the management of the municipal tributes is carried out in a way adjusted to the regulations. The access of the town councilors to the information about the situation of the municipal taxes to name of the town councilors, can be considered legitimate, since it can result from control of the activities of the Town Council itself necessary in order to carry out those functions that correspond to them, or the general function in relation to the management of local tributes, or, if it is proper, for functions specific to management that can have attributed the town councilor in question.
01/01/2010
Right of access to the municipal information on the part of town councilors of the opposition
CNS 24/2010
The town councilors of a Town Council, members or not of the government, they can have access to a listing with the address of the workers of the adjudicator company of a work funded with the special background created by the State for the dynamization of the economy and the employment, in case this Town Council has this information in its power, by virtue of the law of access to determinate information municipal that the LRBRL (article 77) only concedes them, but for the exercise of its functions of control and whenever the principles and duties to the LOPD are been, in particular, the principle of quality of the data and the duty of secret.
01/01/2010
Total number of pages: 60