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Collection of disabled persons data with informative purpose
CNS 18/2016
It cannot be discarded that in this case the cession of data between two public administrations with competences on the subject of social services could be fitted out by the article 21 of the LOPD. However, the concurrent circumstances in the examined supposition and the suitable guarantee upward to the protection of data lead to considering as better option that the Department informs the persons with disability registered in the town of the possibility of taking part in the electoral process in the Ruling Council of the autonomous organization premises.
11/04/2016
- SECTORIAL AREA
- SECTORIAL AREA
- Social services
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- PERSONAL DATA
- Sensitive data
- Health data
- ENTITIES
- Public administration
- Autonomous community administration
- Autonomous bodies
- PRINCIPLES
- Purpose limitation principle
RESOLUTION OF ARCHIVE of the Previous Information no. 93/2015, referring to the Hospital of Tortosa Verge de la Cinta, of the Institute Català de la Salut.
IP 93/2015
Is filed it denounces it in application of the principle of presumption of innocence, since there is not any evidence of undue accesses to the clinical history of the mother of the accusing person, on the occasion of a request of sick leave of relative. Applied articles: 137 LRJPAC
08/04/2016
RESOLUTION OF ARCHIVE of the Previous Information no. 138/2015, referring to the Catalan Service of the Health
IP 138/2015
In the collection of data to obtain access code in \Cat@salut my salut\" is necessary to guarantee that non authorized third parties cannot access to the data of personal character that in an eventual way the user person can facilitate. The archive proceeds when there is not evidence of the denounced offense." Applied articles: 137 LRJPAC
08/04/2016
RESOLUTION OF ARCHIVE of the Previous Information no. 197/2015, referring to the Town Council of Castellnou de Bages
IP 197/2015
The complaint related to a camera of videovigilància in a zone of waste collection is filed, because it would be a matter of a false camera that did not pick up images. Several considerations are made about the possibility to install cameramen of videovigilància in zones of waste collections, and the requirements which it would be necessary to fulfill. Applied articles: art. 3 LOPD, and art. 1 of the instruction 1/2009
08/04/2016
RESOLUTION of the sanctionative procedure no. PS 46/2015, referring to the Educational Center of Child and Primary School Saintly Jordi of Bonmatí, of the Department of Education of the Generalitat de Catalunya.
PS 46/2015
The diffusion in Internet of videos of the pupils without the consent specific to the progenitors for the diffusion of the voice, constitutes an illicit communication of particulars. On the other hand, the fact of maintaining relatives published during the graphic material school year 2015-2016 in courses from 2011 to 2014, it constitutes a breach of the principle of quality of particulars. Applied articles: Articles 4, 11, 44.3.c), and 44.3.k) of the LOPD.
08/04/2016
RESOLUTION of the sanctionative procedure no. PS 48/2015, referring to the Organization of Tributary Management of the Regional Government of Barcelona
PS 48/2015
The notification in about open, left in the premises of the addressee it constitutes a breach of the duty of secret. Applied articles: Art. 10 and 44.3.d) LOPD
08/04/2016
RESOLUTION of the sanctionative procedure no. PS 49/2015, referring to the Local Council of the Baix Empordà.
PS 49/2015
The attempt at notification in an incorrect address, as well as the edictal notification with indication of name, surnames and complete NIF of the affected person, they constitute a data processing with conculcació of the principles and you guaranteed of the article 4 of the LOPD a breach of the duty of secret. Applied articles: Art. 4.1 and 4.3 and art. 44.3.c) LOPD
08/04/2016
RESOLUTION of the sanctionative procedure no. PS 55/2015, referring to the Town Council of Cardedeu.
PS 55/2015
The Town Council is accused of a severe offense for the communication of the identity related to a person, to the headline of the establishment with respect to whom it had formulated a complaint, action that this revelation did not cause the procedure in which it was made , which it had started to application of the establishment itself. This communication of data would not be fitted out by the LRJPAC. Also the breach of the duty of information is imputed in the collection of data of the person who made the complaint. Applied articles: Article 11 and 44.3.k) LOPD.
08/04/2016
RESOLUTION of the sanctionative procedure no. PS 64/2015, referring to the Town Council of Barcelona.
PS 64/2015
To allow the report the access during the formality of public information is lawful, but not if the access is allowed once it had already finished the formality of public information, which harms the principle of quality in its aspect of proportionality -temporality-, and therefore accuses itself of severe offense. Applied articles: 4, 44.3c) LOPD, urbanistic Regulations, LRJPAC and LRJPCat
08/04/2016
Interpretation of the consequences of the sentences of the Court of Justicia of the European Union of 1 and 6 October 2015
CNS 20/2016
When the data do not retire of the interested person but that facilitates them a third person, the assign does not have the duty to inform the persons affected if the communication is expressly foreseen in a law. The STJUE of 6 October 2015 has declared disabled the Decision 2000/520/CE, about the adequacy of the protection conferred by the principles of Port Segur, for the international transfers from data from the European Union towards the United States. Until the European Commission does not approve the adequacy of a new frame for the international transfer from data between Europe and the United States (EU-YOU Privacy Shield), it is necessary to be in the rest of habilitants suppositions for the international transfers of data.
06/04/2016
Total number of pages: 366