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RESOLUTION of the sanctionative procedure no. PS 53/2015, referring to the Town Council of Torredembarra.
PS 53/2015
The personal collection and data processing (geolocation) through a system GPS incorporated into the devices of radio frequency that the agents of the Local Police of a town use, without having created the corresponding file, constitutes an offense of severe character. The collection and treatment of these data without having informed previously the affected persons, it means a breach of the duty of informing. The no inclusion in the document of security of the collection of the data through the related system, means an offense of the principle of security of the data. Applied articles: 5, 9, 20, 44.3.a), 44.2.c ) and 44.3.h) LOPD; 52 and 88 RLOPD
18/03/2016
RESOLUTION of the sanctionative procedure no. PS 57/2015, referring to the Institute Català de la Salut
PS 57/2015
To include an annotation of the motive for which an employee does not loan services in the work calendar in a determinate turn is a data processing personal non suitable, non pertinent and excessive in relation to the purpose for which they have retired and an offense constitutes severe. Applied articles: 4, 44.3.c LOPD
18/03/2016
RESOLUTION of the sanctionative procedure no. PS 59/2015, referring to the Town Council of Torredembarra.
PS 59/2015
1) The access on the part of the ascribed administrative staff to the department of Government of a Town Council, to all the data included in the document police novelties (that the Local Police collect all daily performances that he carries out), it means a breach of the principle of security, since the need has not proved that the summoned administrative staff has to access in all the complete document in order to carry out its functions. 2) The sending through public network of telecommunications of the document of police novelties (which contains data that require a high level of safety measures), without coding, means a breach at the beginning of security. 3) The storage of the document police novelties in paper format, in rooms not provided with suitable systems of closing, it means a breach of the principle of security. Applied articles: 44.3.h) LOPD, 91, 104 and 111 RLOPD
18/03/2016
RESOLUTION of the procedure of rights protection no. 80/2015, urged for (...) against the Official School of Odontologists and Stomatologists of Catalonia
PT 80/2015
The law of access affects object of treatment to all data that they are, once those that keep to be filed, as long as they have not canceled, have been included. Applied articles: 15 LOPD; 27, 28 and 29 RLOPD.
18/03/2016
RESOLUTION of the procedure of rights protection no. 86/2015, urged for (...) against the Municipal Institute of Social Services of the Town Council of Barcelona.
PT 86/2015
The organ responsible for the file has to facilitate the information through the systems chosen by that one who exercises the law of access, even if the information requested already has been given with another support. Applied articles: 15 LOPD, 27, 28 and 29 RLOPD
18/03/2016
RESOLUTION of the procedure of rights protection no. 87/2015, urged for (...) against the Municipal Institute of Social Services of the Town Council of Barcelona.
PT 87/2015
The organ responsible for the file did not facilitate all the information that configured the law of access, as now, the cessions carried out or foreseen or the collected voice. Applied articles: 15 LOPD, 27 and 29 RLOPD
18/03/2016
Communication of data of several jobs of the Administration of the Generalitat
CNS 12/2016
The right to the protection of personal character data does not block the access of any citizen to information about the jobs that the consultation, related to the form of provision (including the type of provisional provision, if it is proper), the advertising made when it was offered, the resolution of nomination of the person who occupies it, the date of the taking over and the code of the job, refers to.
17/03/2016
Communication of information of jobs of the Administration of the Generalitat to an association of civil servants
CNS 13/2016
The regulations of data protection do not block the access to the list of jobs of doctors and technicians of the CME that are not busy, and if they are or non gifted in a budgetary way because it does not contain information that direct or indirectly he can qualify like information of personal character. The regulations of data protection do not block the access to the information associated with the form of provision of the different squares, identifying the person who occupies them, the unit of assignment of each civil servant, level of each job, complement specific to the place, hourly, required qualifications, place of assignment and code of each job. In accordance with the article 23 of Law 19/2014, access cannot be given to the relation of civil servants of the scale of support who are in determinate administrative situations (situations of leave of absence indicated to the request and special services).
17/03/2016
Access of a town councilor to information of the beneficiary persons of social benefits
CNS 7/2016
The access to the information about the subsidies conceded by the social services, without identifying the motive of the subsidy and without being able to be inferred, it can agree protected by the law of the town councilors on consulting the documentation of which he orders the Town Council for the exercise of its functions, independently of its condition of members of the government or of the opposition. However, if the requested information contained protege or data deserving of a special reservation or confidentiality in attention to the concurrence given about information especially of determinate qualified circumstances (for example, data of minors attended to by the social services, data related with the violence against women, data that affect the security of the persons, etc, or that allow to obtain a profile from it) and given the terms in which the request is formulated, the right to the data protection can justify a limitation upward of access. To these effects the information anonymized or through a system of coding could be given that it does not allow to identify the affected persons.
14/03/2016
- SECTORIAL AREA
- Subsidies
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Councillors
- PERSONAL DATA
- Anonymised data
- ENTITIES
- Public administration
- Local administration
- Council
- Councillors
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- TRANSPARENCY
- Right of access to information
- Councillors
- Active publicity
- Subsidies
Catchment and posterior publication of photographs of different organized events in the town
CNS 9/2016
The HIM 1/1982 fits out the catchment, through photographs, of the image of identifiable persons that appears to the town as merely accessory in different organized events for its posterior diffusion in a magazine, with informative or informative purposes of the public event in question. In attention to the superior interest of the minor, the diffusion legitimates in Internet of photographs of minors made during the celebration of events carried out in the municipal nursery school he should limit to the persons of the educational community, through the implantation of mechanisms of identification and authentication.
11/03/2016
- SECTORIAL AREA
- Social networks
- PERSONAL DATA
- Child data
- Image
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Local administration
- Council
- Decentralised municipal entities
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
Total number of pages: 366