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Cession on the part of a professional School in the Courts and Courts of the listing of registered in the professional association disqualified professionally
CNS 43/2012
The School has sufficient legal habilitation to communicate the listing of registered in the professional association disqualified in the TSJC, without having to have the consent of the affected ones. It is necessary to take into account the demands derived from the principle of quality and, if it is proper, to regulate the corresponding files. Is recommended that s’estudiï the possibility to give access to the courts of Catalonia to the information of the ones registered in the professional association available in the unique window, specifically, the one related to the “situació d’habilitació professional” (article 10 of the Law 2/1974).
02/10/2012
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Corporate administration
- Professional associations
- Judges and courts
- PERSONAL DATA
- Sensitive data
- Sensitive data
- Administrative criminal offences
- ENTITIES
- Public administration
- Corporate administration
- Professional associations
- Judicial power
- PRINCIPLES
- Quality principle
- CATALAN DATA PROTECTION REGISTER
- File registration
RESOLUTION of the procedure of rights protection no. 12/2012, urged by madam XXX against the Town Council of Barcelona.
PT 12/2012
The deadline that it has the responsible for the file to solve the request of cancellation and to notify it is from ten days from the presentation of the request: the claim of protection is loved since the Town Council solved the request in the deadline of ten days, but the notification was produced once this had run out. Regarding the background of the claim of protection, the cancellation of the relative data proceeds to the person claiming collections for a Town Council on the occasion of the presumed breach of a municipal ordinance (data especially proteges), since this collection and posterior treatments were made without having not even the express consent of the person affected, nor with legal habilitation. This cancellation will not proceed, however, in those cases in which the treatment of the data of the complaining person has caused an administrative event that is impugnable in administrative or judicial way. Applied articles: 16 i18 LOPD; 31, 32 and 33 RLOPD; 58, 59 and 61 Law 30/1992
28/09/2012
RESOLUTION of the procedure of rights protection no. 13/2012, urged by madam XXX against the Town Council of Barcelona.
PT 13/2012
The deadline that it has the responsible for the file to solve the request of cancellation and to notify it is from ten days from the presentation of the request: the claim of protection is loved since the Town Council solved the request in the deadline of ten days, but the notification was produced once this had run out. Regarding the background of the claim of protection, the cancellation of the relative data proceeds to the person claiming collections for a Town Council on the occasion of the presumed breach of a municipal ordinance (data especially proteges), since this collection and posterior treatments were made without having not even the express consent of the person affected, nor with legal habilitation. This cancellation will not proceed, however, in those cases in which the treatment of the data of the complaining person has caused an administrative event that is impugnable in administrative or judicial way. Applied articles: 16 i18 LOPD; 31, 32 and 33 RLOPD; 58, 59 and 61 Law 30/1992
28/09/2012
RESOLUTION of the procedure of rights protection no. 15/2012, urged by Mr. XXX against the Town Council of l'Hospitalet de Llobregat.
PT 15/2012
The request of exercise from access has to be solved upward and notify, meter from the date of entry in the register of the competent organ, in the deadline of a month even if the particulars which is intended to be accessed have been canceled. Applied articles: 15LOPD, 29 RLOPD, 13 and 17 Instruction 1/2009
28/09/2012
RESOLUTION of the sanctionative procedure no. 23/2012, referring to the the Town Council of Ulldecona.
PS 23/2012
It is stated that the town council has trampled the principle of purpose in the use of the file of inhabitants census since together with the card in which it informed the old people of the muncicipi about the rendering of services of welfare type, a triptych that contended included information of advertising character, foreign to the provision of the muncipal service, using the data of the census of inhabitants to such effect. Applied articles: Article 44.3.c and 4.2 of the LOPD.
28/09/2012
RESOLUTION of the sanctionative procedure no. PS 26/2012, referring to the Heart School of Maria de Blanes.
PS 26/2012
The access and consultation to the contents of the account of facebook of a minor of 14 years, on the part of the educational staff of the school and without the consent of its parents, constitutes a severe offense, to treat data without the required consent. Applied articles: Art. 6 and 44.3.b) LOPD; art. 13 RLOPD
28/09/2012
RESOLUTION of the sanctionative procedure no. PS 34/2012, referring to the Municipal Group of the Partit dels Socialistes de Catalunya in the Town Council of Calafell
PS 34/2012
The diffusion of particulars on the part of a municipal group, produced as a consequence of the publication in its block of different decrees of mayor's office, is considered an illicit communication, since the consent of the affected persons does not coincide not even legal habilitation that protects it. Applied articles: 11.1 and 44.3 k) LOPD
28/09/2012
RESOLUTION of the sanctionative procedure no. PS 38/2012, referring to l'IES Ridaura of the Department of Education of the Generalitat de Catalunya.
PS 38/2012
He proposes itself to sanction for the comisió of two severe offenses: 1) breach of the duty of secret (third non authorized accessed data of personal character that had to be guarded by the organ responsible for the file) and 2) lack of safety measures (since a company of cleaning would have hired 83 RLOPD without collecting the forecasts of the article). And finally, a slight offense is also stated for the lack of contract of person in charge. Applied articles: 9, 10, 12, 44.2 d) 44.3 d), 44.3 hr) LOPD and 83RLOPD
28/09/2012
Report in relation to the Project of Order by which the files are regulated that contain data of personal character managed in the area of the Department of the Presidency
PD 28/2012
18/09/2012
- PERSONAL DATA
- Biometric data
- Fingerprint
- Image
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Autonomous community administration
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- VIDEO SURVEILLANCE
Report in relation to the Project of Order for which the files are regulated that contain data of personal character managed by the Department of Justice
PD 27/2012
14/09/2012
Total number of pages: 366