Resolutions, opinions and reports search tool

The certificate issued and given by the local police to a community of owners had the legal habilitation, precisely, the foreseen one in the article 37.3 of the LRJPAC. Applied articles: Articles 3 and) 11 LOPD and art. 37.3 LRJPAC

The sending of electronic mail without using the option of hidden copy, so that the personal datum related to the electronic mail address of the addressee persons without its consent is spread, is constitutive of a severe offense. Likewise, the treatment of particulars without the consent of the person affected also it constitutes an offense severe. Finally, the noncompliance of the duty of information when the data have not been obtained from the same affected also is one constitutive of an offense severe. Applied articles: 5, 6, 10, 11 and 44 (b sections, d and f) LOPD.

The import of particulars of the Census from the Register of entry and exit of documents of a same local entity, so that this speeds up the management of the administrative procedures, in the exercise of the municipal competences that the legislation of local regime attributes him, and when the address datum is relevant, is one in agreement with the LOPD in the measure that this purpose is compatible with that of the Census. The update of the address datum of the Census, if detects itself a discrepancy, it would not work out in agreement at the beginning of purpose of the data, without harm that this fact can put on in knowledge of the citizen so that he starts the corresponding formalities to modify its data of the Census, as well as that the town council can make the performances and checks that he considers convenient to keep it updated.

The present protection of access law to the penitentiary report is loved. Even if the Department considered that answer had been given to this request of access through former writing, the some it is that once the contents of that answer analyzed, it is considered that this request was not answered and consequently, cash was made neither the law. For this motive, the present protection is loved and is required to the Department so that cash makes the law. Applied articles: Articles 15 and 18 LOPD and arts. 27 and 29 of the RLOPD

Only the public administrations and the judges and courts, with a determinate purpose of attending to possible responsibilities born of the treatment during the deadline of prescription of these, can access blocked data. Applied articles: 15 and 16 LOPD; 5, 27 and 29 RLOPD.

The data processing consistent in the casualty of an address of corporative electronic mail on the part of an empleador, it would be allowed always and when it is due to organizational reasons and the due cautions are kept in order to preserve the dignity of the worker. Applied articles: 3.c) and 6 LOPD, 20 YOU

The town councilors of a town council, like this as those citizens who accredit to have a legitimate and direct interest, they can access the particulars contained in the Register of interests of the town council, without the need for consent of the affected persons, since this access is found valid skill for the regulations on the subject of regime local. In any case, it will be necessary to respect the limits in the access established by these same regulations.

For application of the regime of communication of particulars (article 11 of the LOPD), the consent of the headline of the data for its cession in the organs of representation of the workers is necessary, unless the cession finds rank of law foreseen and fitted out by a rule. Several suppositions of communications of data that can work out fitted out, with regard to the forecasts of the applicable regulations and of the principles of the protection of data, are analyzed. Other suppositions that require the consent of the headlines are analyzed, which it will have to be express in relation to data especially proteges (article 7.3 of the LOPD). All this, without harm that is communicated to the representatives of the information workers in a way generic and not individualized, so that the headlines cannot be identified.