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3,654 results were found
CNS 12/2010
In accordance with the regulations of data protection, the documentation that is part of the auditings of security required by these regulations, it has to keep for a minimum period of three years, or until the auditing of following security is carried out if this has not been carried out in the deadline of two years exigible. On the fringe of this, the conservation of this documentation can be convenient for a more extense deadline to the effects of having a complete information that allows to evaluate the evolution of the applied safety measures, and also to the effects of having evidential elements of the fulfillment of the valid regulations on the subject of protection of data, as long as the responsibilities for the damages have not prescribed that it has been able to be brought about with the data processing.
01/01/2010
CNS 13/2010
The data of personal character that figure in the Estate Property Register are given protected by the regulations of protection of particulars, and it is necessary to apply the regime of cessions of the LOPD, taking the forecasts of the Law of the Property Register into account. The company that develops activities destined to the supply of electrical energy, it is titular of a law of real transcendence as the servitude is at the same time regulated in the Law 56/1997 of the electrical sector, for which legitimate access to the data has proteges of the Property Register. With regard to this, the access can be articulated on the part of another company that carries out tasks of maintenance, through an order of the treatment (respecting the forecasts of the article 12 of the LOPD and 20 to 22 of the RLOPD, among others). Of existing municipal competences that required the data processing from the Property Register, beyond the forecasts related to the IBI, the access on the part of the Town Council to these data could, also, remain legitimated.
01/01/2010
CNS 14/2010
The data of personal character that figure in the Estate Property Register, are data protected by the regulations of protection of particulars. According to the Law of the Property Register, the Town Council or, if it is proper, other public administrations, can use the data of the owners for the exercise of its own competences, with the limitations derived from the principles of competence, suitability and proportionality (article 52.2.a) of the Law of the Property Register). The communication of the data of the property register in collaborator companies would not be protected by the general regime of cessions (article 11 LOPD) unless the consent of the headlines is counted. The personal access and the posterior personal data processing that the company has to make, if it acts on account of the Town Council, it should articulate through an order of the treatment (article 12 of the LOPD and 20 to 22 of the RLOPD).
01/01/2010
CNS 15/2010
The access on the part of a citizen to administrative reports that contain particulars constitutes a communication of data. The communication of particulars of an administrative report to the person concerned or potential interested, in the formality of audience, finds its habilitation legal in the article 84 of the LRJPAC. In case the communication is carried out during the period of public information, this will be able to be made to any physical or juridical person who in accordance with the article 86 of the LRJPAC, will be able to have access to all the report or a part of this. The data related to name, surnames, address, telephone number or electronic mail of a person, cannot be considered reserved data of the life of the persons, related to an intimate sphere, own and reserved area of the knowledge of the others, not enjoying therefore the consideration of intimate data. In the case of the maps of housings, these do not have because in principle to contain intimate data of a person. For the what it makes to the obtained qualifications in selective processes, has to be discarded that they are part of the intimate sphere of the person, although, its divulging will be subjected to the regulations of data protection.
01/01/2010
CNS 32/2010
The diffusion to través d’Internet of data of personal character has to be considered like a communication of data (article 11 of the LOPD). Since the rule applicable to the case (article 10 of Law 2/1974) does not foresee that access is given to the personal datum “adreça particular”, this datum cannot be an object of communication or diffusion on the part of the School unless some other rule coincides with legal rank that fits out the communication or the consent of the headlines. The proposal of the School d’adreçar a writing in the ones registered in the professional association informing that, if they do not communicate in a determinate deadline its professional address the School will publish its personal address in the Register of Registered in the Professional Association, s’ajusta in that substantial in what would be the provision d’un unambiguous consent (article 6.1 of the LOPD), which even in this case could be tacit, with regard to what he foresees, especially, the RLOPD. This, always and when the School informs the ones registered in the professional association of all what requires the regulations.
01/01/2010
CNS 34/2010
The publication of the Relation of Jobs and the one of the nominations of the civil servant staff and work with the foreseen information to the legal regulations that regulate it does not harm the legislation on the subject of protection of data. The fact that of the publication of the Relation of Jobs the person can be deduced that it occupies a determinate place should not represent an obstacle to the fulfillment of the principle of advertising, since the publication of the Relation of Jobs as well as that of the nominations it is foreseen in a rule with rank of law.
01/01/2010
CNS 35/2010
Access to the electronic mail account of a deceased lawyer lodged in the server of a professional School, where data subjected to professional secrecy can figure. To lack of any forecast about the fate of the data, is recommended that the persons implicated, unanimously, or the same professional School, office and the rest of the information designate a person, subjected to the professional secrecy and under a commitment to confidentiality, so that it sorts out the information that is part from the professional activity of the deceased, who should be given to the partners that it has to be given to the heirs. Case that this is not possible, the remittent persons is recommended to return the Post Office received from the last access to the electronic mail account.
01/01/2010
CNS 36/2010
The fulfillment of the principles and duties to the LOPD, especially the regime applicable to the sensitive data, has to govern the management and the procedure of the particulars on the part of the OAC, independently of whom the physical person is addressee. The OAC having access is legitimate to the data that identify the emitter and the addressee of a document or writing, as well as to the particulars included in the documentation, in order to proceed to its register and procedure, in the terms of Law 30/1992. However, the Judgement makes nuances with respect to the mail that could qualify itself as "private", especially regarding the writings addressed to the mayor, to the town councilors or to the municipal groups. Among others, the consistent option in which the OAC does not open the mayor or the town councilors the addressed mail, leaves it in the corresponding mailbox and the addressee is the one that, in case the document has relation with municipal performances of competence, sends it to the OAC for its register, it adapts to the regulations of protection of particulars. These considerations can be extensible in the mail addressed to the municipal Groups.
01/01/2010
CNS 37/2010
The Town Council is legitimated for communicating the datum NIF of the persons subscribed by the municipal service of supply of water in the service of supply of water contained in the Census of Inhabitants, in the supplying company, so that this manages the payment of the rate, just in the case that the consent is counted of the the affected persons (art. 11 LOPD). On the other hand, the Town Council is legitimated for communicating the datum NIF of the persons subscribed in the service of supply of water contained in the file of the Tax about Real Estate, in the supplying company, so that this manages the payment of nature income tributary, in accordance with what establishes the article 95 of the LGT, whenever the Town Council has established a contract of order of the treatment with the dealer company (art. 12 LOPD).
01/01/2010
CNS 38/2010
The access to the data of personal character contained in the register of entry and exit of documents of a Town Council, on the part of town councilors of the corporation, will be legitimate if he limits itself to the data necessary for the exercise of the functions that attributed and they can only use themselves for the fulfillment of the determinate, explicit and legitimate purpose that has generated the access to the data, in this case, the necessary development of the functions that correspond to the town councilors who make the request of information.
01/01/2010
Total number of pages: 366