The information on which the search is based has been translated by a computer system without human intervention. It may contain errors in vocabulary, syntax or grammar. The translation may also produce mistakes in the searches performed.
597 results were found for your search terms Right of access to information
Communication to a citizen of the maps contained in a report of license of work concession of a foreign house
CNS 27/2010
The delivery to a citizen of copies of the maps contained in an administrative report of concession of planning permission of a house of what is to title another person constitutes a communication of data. If the administrative report is in procedure, it will require that the person requesting of the information has the condition of interested person (art. 31 LRJPAC). If the report finds finish it remains protected by the recognition of the public action whenever it does not contain intimate data, sanctionative or disciplinary character corresponds to a procedure of application of the right not to have, and value can be made for the exercise of the rights of the citizen (art. 37.3 LRJPAC). However, this access can limit 37.4 LRJPAC when one of the causes contemplated in the article prevails. 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). All this without harm that the titular person of the data can exercise its law of opposition in the terms established in the articles. 6.4 LOPD and 35 of the RLOPD, that it will have to be solved by the municipal administration.
01/01/2010
- SECTORIAL AREA
- Housing
- Administrative procedure
- Data subject
- Urbanism
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- PERSONAL DATA
- Anonymised data
- Identification data
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of access
- Right of objection
- ENTITIES
- Public administration
- Local administration
- Council
- PRINCIPLES
- Quality principle
- TRANSPARENCY
- Right of access to information
Right of access to the municipal information on the part of town councilors of the opposition
CNS 29/2010
The town councilors d’un Town Council, members or not of the government, they can have access to a listing with the address of the workers of l’empresa adjudicator d’una work funded to determinate municipal information that only concedes them the LRBRL (article 77) with the special background created by l’Estat for the dynamization of l’economia and l’ocupació, in case this Town Council has this information in its power, by virtue of the law d’accés, but for l’exercici 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
Communication to a citizen of the listings of school pre-inscriptions
CNS 31/2010
The father of a pupil excluded in the process of registration of a school sustained with public funds, as a part interested in the procedure, has the right to accessing the data of the address taken into account for the admission of the pupils in the center. Even though in this type of report intimate data, the data contained in the reports of school pre-inscriptions, related to name, surnames, can appear and to the census of the pupils who have accessed in a school for the course P3, reserved data of the life of the persons, related to an intimate sphere, cannot be considered own and reserved area of the knowledge of the others, not enjoying therefore the consideration of intimate data. In the case brought up, the access can be conceded to the requested data without the need for introducing other data that appear in the administrative report and that could be considered intimate data.
01/01/2010
- SECTORIAL AREA
- Education
- Administrative procedure
- Data subject
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- Education centre
- TRANSPARENCY
- Right of access to information
Right of access to data of deceased relatives health
CNS 28/2009
The fundamental right to the protection of personal character data, as a very personal law, has to be exercised necessarily by the headline of the data, or, in the terms that he foresees the LOPD and the RLOPD, for third parties in name and representation of the person concerned. The regulations of protection of particulars do not apply to the data of deceased persons, except in the suppositions indicated in article 2.4 of the RLOPD. The request of access to determinate medical information of a dead relative does not constitute a demonstration of the law of foreseen access in the article 15 of the LOPD, but it has to be solved with regard to the applicable sectorial regulations (Law 41/2002). The medical center has to check out the fulfillment of this article, especially, the principle of proportionality.
01/01/2009
Utilization of particulars on the part of a municipal town councilor
CNS 3/2009
Doubts are brought up about the possible utilization on the part of a town councilor of identificatives data of determinate persons who have been given of casualty of the municipal census of inhabitants. The right of access to the information exercised by the town councilors has limitations, but a limitation a priori and with general character, with respect to the particulars in those that can access, does not fit to the regulations about law of access nor is exigible from the prospect of the protection of data. The posterior utilization of the particulars, obtained legitimately by the town councilor, has to found in a determinate, explicit and legitimate purpose. The legitimate access does not fit out another purpose that differs to use the data for any or cannot be considered subsumible in the first purpose and legitimate that founds the treatment. A change of purpose will require to have the consent of the persons concerned or with a habilitation legal.
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
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
Possibility to publish the minutes of the Plenums municipal and of the Executive Councils in a complete way Local
CNS 36/2009
The publication of sessions events on the web that data do not contain of personal character, or when the particulars limit themselves to the data of the town councilors and the civil servants who intervene in it due to its charge, is not seen limited by the regulations of data protection. However, when the minutes include data of personal character, its publication constitutes a data processing personal and therefore he has to undergo the principles and guarantees established in the LOPD. Without harm of the advertising of the administrative events in those suppositions that is established by the pertinent legal regulations, the access to the minutes or the parts of the same ones that they contain data of personal character only is possible for persons legitimated in accordance with the LRJPAC and the applicable sectorial legislation.
01/01/2009
Communication to a citizen of the technical project of reform and enlargement of a foreign house
CNS 42/2009
The delivery to a citizen of copy of the technical project of reform of a house of what is to title another person constitutes a communication of data. The access to the particulars that are part of an administrative report corresponding to an administrative procedure in progress will require that the person requesting of the information has the condition of interested person (art. 31 LRJPAC). In case the administrative report corresponds to a finished administrative procedure, the communication remains protected by the recognition of the public action whenever it does not contain intimate data, the rest of requirements of the article fulfills 37.3 LRJPAC and none of the suppositions of article 37.4 prevail LRJPAC. In the rest of cases, the previous consent of the affected persons will be necessary.
01/01/2009
Possibility to give a municipal group information related to helps conceded for the area of social services
CNS 43/2009
The access to the information about the name and surnames and neighborhood where they live of the beneficiaries for municipal helps on the part of municipal town councilors can remain protected by the right of the town councilors to consult the documentation of which she orders the Town Council necessary for the exercise of its functions, including the data of personal character contained in the information that they request, independently of its condition of members of the government or of the opposition. The possibility of access to the information related to the name and surnames of the beneficiary persons would be fitted out also for the regulations regulatory of the public subsidies, which the advertising of the same ones foresees, in so far as it is a matter of subjected helps to those regulations. This without harm of the fulfillment of the principle of quality and the duty of secret of the town councilors who have access (articles 4 and 10 of the LOPD) there, and the rest of applicable regulations.
01/01/2009
- SECTORIAL AREA
- Administrative procedure
- Social services
- Subsidies
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Duty of secrecy
- Quality principle
- TRANSPARENCY
- Right of access to information
- Councillors
Total number of pages: 60