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Publication in the municipal web of the minutes of the qualifier courts for the provision of squares in the Town Council
CNS 21/2013
The diffusion of the list of pass marks of a determinate selective process through the web page of a town council, foreseen in the bases of the call, is in agreement with the LOPD, although he should only understand the identity and the punctuations of the persons who have overcome it. The diffusion of its datum DNI would only be suitable in the event of coincidence of names and surnames, supposition in which it would be necessary to limit it to the four last figures. The diffusion of the complete contents of the minutes of the qualifier court could be contrary for the LOPD in case they contain another personal information.
12/04/2013
RESOLUTION of the sanctionative procedure no. PS 2/2013, referring to the Town Council of Sant Cugat del Vallès.
PS 2/2013
To allow data of personal character the access in third non authorized ones is constitutive of a severe offense for breach of the duty of secret. When a citizen is attended to telephonically it is necessary to carry out the pertinent actions to guarantee that really he is the interested person. Applied articles: 10 and 44.3.d LOPD.
12/04/2013
RESOLUTION OF ARCHIVE of the Previous Information no. 161/2012, referring to the Town Council of Sabadell.
IP 161/2012
The Town Council can use the data of the municipal Census of Inhabitants who are strictly necessary to communicate with its citizens, whenever this communication aims at the exercise of some municipal competence. Applied articles: 4 LOPD, 15, 16, 25 and 69.1 LRBRL, 39, 40, 66 and 154TRLMRC, 11 LODP and 8 Decree 21/2003
12/04/2013
RESOLUTION OF ARCHIVE of the Previous Information no. 188/2012, referring to the Town Council of Cubelles.
IP 188/2012
The performances are filed, since the access on the part of the Town Council to the computers of its staff does not entail necessarily the data processing personal. In any case, the access on the part of the empleador to contained particulars to the computers of its employees, exercising its faculties of entrepreneurial control recognized in the article 20 of the Statute of the Workers, would not contravene the regulations of data protection always and when an express prohibition of the particular use of the TIC had been established and had been informed previously to the workers. Applied articles: Art. 20 RDLEG 1/1995
12/04/2013
RESOLUTION OF ARCHIVE of the Previous Information no. 189/2012, referring to the Town Council of Esplugues de Llobregat.
IP 189/2012
The publication in the electronic headquarters of a Town Council of an administrative event that contains particulars, is a performance that does not contravene the LOPD for the existence of legal habilitation. Applied articles: 11.2.a) LOPD, 59.5 and 61 LRJPAC
12/04/2013
RESOLUTION of the sanctionative procedure no. PS 66/2012, referring to the Town Council of Calella.
PS 66/2012
Offense by lack of creation of files, since the Local Police of the town recorded telephone calls, as well as images -through a system of videovigilància-, with the consequent data processing personal, without the authorization of general disposal published in the corresponding Official Bulletin. Offense of the quality principle of the data, in its aspect of proportionality, since all the calls associated with the telephone of the Local Police were recorded, they had or no relation with the police management. Offense of the duty of information related, on the one hand, with the recording of telephone calls; and, on the other hand, with the engraving of images through a system of videovigilància. Offense of the principle of security of the data, by lack of a document of security that the whole of the extremes that the regulations require contemplates. Applied articles: articles 44.3.a), 44.2.c), 44.3.c), 44.3.h), 5, 4, 9 and 20 of the LOPD; 52 and 88 of the RLOPD
12/04/2013
RESOLUTION of the sanctionative procedure no. PS 68/2012, referring to Television of Catalonia, SA.
PS 68/2012
The catchment of persons images on the public way is constitutive of a severe offense, to the to consider itself excessive in relation to the pursued purposes. This treatment remains restricted to the Forces and Security Corps. Applied articles: 4 and 44.3.c LOPD; 5 Instruction 1/2009
12/04/2013
Exercise of the right of cancellation on the part of one registered in the professional association that is retired to the Professional School
CNS 20/2013
The School cannot cancel, that is, not block and not suppress determinate data of the one registered in the professional association that asks for the casualty, as long as these can be necessary for the correct fulfillment of its functions. Regarding the rest of the particulars of the one registered in the professional association that requests the cancellation that yes they can be canceled, they will have to block up and, if it is proper, to suppress; these data continue available, if it is necessary, for the public administrations, the judges and the courts that could require them. In relation to the data of registered in the professional association retired that they keep without blocking, it would be necessary to proceed to its "labeling", indicating the circumstance that the one registered in the professional association "has caused casualty".
11/04/2013
Adequacy of the publication of the resolution of school helps concession to the regulations of data protection
CNS 19/2013
The communication of the resolution of the procedure of school helps concession to third ones different of the persons concerned constitutes a cession that, to lack of legal habilitation, he requires from its consent. However any citizen can access the relation of beneficiaries persons of the helps that, in accordance with the LGS, has to be an object of publication on the part of the local entity. On the other hand, the presentation of a responsible declaration for the applicant of the help would allow the local entity to check out, during the procedure, that this does not have debts pending of payment with the school where the pupil is schooled or that it has the postponement, the fractionation or its suspension granted.
09/04/2013
RESOLUTION OF STAY of the sanctionative procedure no. PS 18/2011, referring to the School of Infant education and Primary Lluís Alive of the Department of Education.
PS 18/2011
Access to particulars on the part of members of the school board.
The stay of this procedure is stated to consider that the revelation of the information related to the complaint on the part of the school in the members of the School Board is set in the faculties of this organ to approach and to adopt the necessary measures in order to solve the conflict that the suitable measures were brought to light in the complaint, thus how to propose, in its case, in order to favor the communal life in the center. This circumstance prevents from keeping the imputation made initially.
07/04/2013
Total number of pages: 366