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RESOLUTION OF ARCHIVE of the Previous Information no. 186/2015, referring to the Town Council of the Prat de Llobregat.
IP 186/2015
The formulated complaint is filed by the cession of data of a Town Council in the DGAIA, since a situation of social risk had a minor of legal habilitation for having detected itself. Applied articles: Art. 7.3, 11.2.a) and 21 LOPD; Law 12/2007 and Law 14/2010
22/07/2016
RESOLUTION OF ARCHIVE of the Previous Information no. 187/2015, referring to the Town Council of the Prat de Llobregat.
IP 187/2015
The complaint formulated by data processing of a Town Council for the rendering of services is filed social (helps, etc), since it was made for the exercise of functions typical of the AAPP in the area of its competences on the subject of social services. Applied articles: Art. 6.2 LOPD; Law 12/2007 and Law 14/2010
22/07/2016
Denial of access to diverse documentation related with different urbanistic projects of a town
IAI 21/2016
The regulations of data protection do not prevent the access and the delivery of copies of the documents of urbanistic reports procedure on the part of the architect responsible for the technical projects, unless this access has to be facilitated in a partial way, supposition in which it would be necessary to advise the requesting person about which it is the omitted information and the motives that they justify its limitation.
21/07/2016
Denial of access to data of the candidates in different processes of provision of jobs of the Administration of the
Regarding the information about the nominal relation|relationship of all candidates who have taken part in the different processes of provision of jobs in the penitentiaries of Catalonia and to the Areas Territorial of the Social Services of Penal Execution summoned to the ATRIUM portal, the regulations of data protection do not block the access to|in the identity of the selected candidate. However the generalized access is not justified for the particulars of the rest of not selected aspirant persons. Regarding the information related to the merits and valorizing aspects|looks that they have been taken into account in the choice of each of the selected candidates, the regulations of data protection personal it|he|she does not prevent to give access to the representatives of the workers to the information about the punctuation|score with respect to these merits and other valorizing elements that the candidates have obtained finally selected.
20/07/2016
Access to administrative documentation of a nursery school on the part of some parents of pupils
CNS 39/2016
The regulations of data protection does not prevent in the Town Council to give access to the parents of the minors who request it to the econòmicofinancera information of the nursery as well as of the company that loans the service of canteen, in the exposed terms in this judgement.
20/07/2016
Report in relation to the Sentence of the Court of Justice of the European Union of 1 October 2015
VAR 9/2016
When the data do not retire of the interested person but that facilitates them a third person, the European regulations of protection of data as well as the LOPD establish that the assign of personal character information does not have the duty to inform the persons affected if the communication is expressly foreseen in a law.
20/07/2016
Catchment, recording and retransmission live of the parties in the municipal football field
CNS 43/2016
The catchment, the recording and the retransmission live of the football matches constitutes a data processing of personal character that can find habilitation in the consent of the persons affected or in another rule with rank of law, as now the freedom of information (art. 20.1 CE) or the article 8.2.c) of the organic Law 1/1982. The responsible for the treatment will have to give fulfillment to a series of duties as creating the corresponding file, notify it to the authority of control, establish a contract of person in charge of the treatment with the company that intervenes in the management of the system, attend to the rights of the affected persons and inform the affected persons.
19/07/2016
Delivery of the Relation of Jobs of the work staff of a public entity to the Works Committee
CNS 42/2016
The organs of representation of the workers have to be able to have access to the information related to the remunerations of the high ranking officials and managerial staff of the entity, as well as of the persons who occupy places that can be qualified as confidence or of special responsibility in the entity. In the rest of cases, regarding the retributius complements associated with the worker, the information can be communicated in the organs of representation of the workers without the concrete person who perceives them being able to be identified. This, without harm that in determinate cases yes that it can be justified that the representatives of the workers can access the complete remunerations of determinate workers.
18/07/2016
Adequacy of a participative process of a Town Council to the regulations of data protection
CNS 37/2016
The platform of participation of a Town Council analyzed about a determinate project, according to the available information in the municipal web, it is proper to point out that the Town Council would be in a procès of participation authorized to collect the identificatives data of the persons who take part voluntarily, in accordance with the article 6.2 LOPD. It is necessary to inform 5 LOPD duly to the citizen of the foreseen aspects in the article, it is precisely necessary to fall upon the need to inform regarding the divulging of data foreseen. Regarding the identification of the participants in the platform, and given the need to verify the fulfillment of determinate requirements, in order to guarantee an identification and safe authentication it would be necessary to establish a mechanism that offers enough guarantees.
11/07/2016
RESOLUTION of the sanctionative procedure no. PS 9/2016, referring to the Sanitary Corporation Park Taulí
PS 9/2016
Facilitating to a third person documentation that contains relative data in weary health without the express consent and without the concurrence of a legal habilitation, it is constitutive of a very severe offense. With respect to the allegation of error in the commission of the facts, the jurisprudential doctrine is remembered about the principle of guilt, and it is sufficient about this that people have acted without the necessary diligence. Applied articles: 7, 44.4.b LOPD
08/07/2016
Total number of pages: 366