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RESOLUTION of the sanctionative procedure no. 9/2009, referring to the General Direction of Relations in the area of the Public Function of the Department of Government and Public Administrations
PS 9/2009
Setting forth the lists of the results of the Background of Social Action (system of helps for the civil servant staff and temporary officer of administration and technician and for the work staff of the administration of the Generalitat de Catalunya) in different workplaces, which data of character contended personal related to the health without in express consent of the persons affected not even neither the concurrence of a rule with rank legal it is constitutive of an offense very severe. On the other hand, the consultation of these results across Internet for the number of NIF of the affected person would not guarantee the correct authentication, and consequently this system harms the principle of security of the data and is constitutive of a severe offense. Applied articles: 7, 9, 11, 44.3.h, 44.4.b of the LOPD; 93 of the RLOPD.
23/07/2009
Consultation related to the access to data of the municipal Census of inhabitants and of procedure of the IAE
CNS 16/2009
The communication of data of the municipal census of inhabitants (PMH) and of the IAE, of the town councils to a public entity of another Administration, is brought up. Article 16.3 LBRL he does not fit out the communication of the datum related to the existence of a contract for rent, for which, and to lack of another rule fitting out, the communication of the town councils to this public entity of the data of the contract for rent brought with occasion of the inscription in the PMH requires the consent of the affected ones. Regarding the data of the IAE, following the consideration that the deposit of bail cannot be considered a non tributary public resource, the communication of the data that are for the management of the tax, requires the previous consent from the affected persons. Consequently, to lack of consent this communication of data is not allowed. In any case, it is necessary to take into account the principle of quality of the data, ex article 4 LOPD.
01/01/2009
Consultation related to an Instruction about use of systems and information technologies and the communication
CNS 17/2009
He consults itself about the contents of an Instruction of a Town Council, about the use of systems and information technologies and the communication on the part of the staff of the Town Council. The data of the workers undergo the protection of the LOPD. The forecast related to the property of the information contained policewomen to the systems of information has to be interpreted taking into account, especially, the principle of consent and the exercise, of rights I ARCO. The maintenance and check of the good use of the tools of work, have to be for guaranteeing the normal functioning of the system. The control about these tools, has to respect the applicable normative frame and the jurisprudence. The maintenance of determinate traces that entail data processing personal entails the creation of the corresponding file.
01/01/2009
Request of access to consultations formulated to the Register of Companies Accredited from Catalonia
CNS 18/2009
The possibility of a Unit of Executive Collection rising is brought up to access the consultations that are made in the Register of Companies Accredited of Catalonia to intervene in the process of recruitment in the sector of the construction. The cession in the Executive Collection would be legitimated by a rule with rank of law but, so that it can be considered proportional to the recaptatòria purpose, the other less invasive means through which rises have to have been exhausted to have knowledge of the orders that they are made in indebted companies and in any case would remain limited to the concrete suppositions in which the money and current accounts of the subcontractor company are not sufficient to attend to the debt in the face of the Unit of Collection Executive.
01/01/2009
Area of performance of the Apdcat in relation to a trading company told about by public entities
CNS 19/2009
Consultation of a trading company told about by public entities of Catalonia, among others, about if it is in the area of performance of the Catalan Agency of Protection of Data and if has to notify its files To the Catalan Agency. The society that the consultation refers to, in so far as, according to the information brought by the company itself, it is told about by Catalan public entities in more than one 50% of its share capital, is in the area of performance of the Catalan Agency of Protection of Data included and has to notify its files to the Register of Data Protection of Catalonia.
01/01/2009
Communication of subscribers data of a municipal company to an entity of public law
CNS 20/2009
Communication of a municipal society to a public entity of another Public Administration of determinate data of the subscribers in the service of supply of water loaned by the municipal society. In order to subscribe the concert with the municipal company and collect the economic amounts of the bails the communication of the municipal company towards the public entity is considered legitimate, without the need for requiring the consent from the subscribed persons, of its particulars related to the name and surnames, the address (street, number and population), the DNI or CIF and the amount of the bail. The communication of the consistent data is considered illegitimate in if the subscribers are owners or tenants of the place where they are supplied with the water, since, on not to be necessary data to manage the deposit of the bails that the article 4 of Law 13/1996 establishes, they consider themselves excessive.
01/01/2009
Data processing of plans of selfprotection and of the service of emergency calls
CNS 21/2009
The particulars contained in the plans of selfprotection and in the general Register of plans of civil protection, find proteges for the LOPD. They consider themselves the accesses to the data for the operating bodies adjusted to the principles of quality and purpose of the LOPD, among others, in so far as these have to intervene in a concrete situation of emergency, which generates the activation of a plan of selfprotection. The communication of data in the town councils where the author companies of plans of selfprotection are found placed, its competences attended to, fits to the forecasts of the article 21 of the LOPD. In relation to other accesses, it would be necessary to appraise the legitimate and direct interest, to the effects of the Law 30/1992. It is necessary to subject equally to the regulations of data protection the accesses and utilization of the particulars treated in the service of management of urgency calls.
01/01/2009
- SECTORIAL AREA
- SECTORIAL AREA
- Civil protection
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- Others
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
System of hourly control of the staff of a provincial Regional Government through digital imprint
CNS 22/2009
Implantation of a system of hourly control through the digital imprint on the part of a provincial Regional Government. The digital imprint has consideration of personal datum (art. 3 to) LOPD and 5.1 f) RLOPD). Its treatment is considered in agreement with the principles of proportionality and quality of the data (art. 4 LOPD), to be a suitable, pertinent and non excessive treatment in relation to the purpose of to control the fulfillment of the timetable of the workers, without necessary being to have its consent (art. 6.2 LOPD). However, it will be necessary to comply with the rest of principles and duties to the LOPD, especially, the duty of informing (art. 5 LOPD), the modification of the file of "staff" or, the creation and inscription of a specific file for this treatment (article 20 of the LOPD) and the adoption of exigible safety measures, and if, the application of additional measures in attention to the nature of the treated information and the predictable risks, is proper.
01/01/2009
- PERSONAL DATA
- PERSONAL DATA
- Biometric data
- Fingerprint
- Identification data
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Local administration
- Provincial council
- SECURITY MEASURES
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
- Proportionality
- CATALAN DATA PROTECTION REGISTER
- Data files
Right of access to reports of procedure of complaints, complaints and requests
CNS 23/2009
The persons and entities who have the condition of persons interested in the procedure have the right to accessing the data that are part of the report of procedure of the complaints, complaints and requests, in accordance with the article 35.a) of the LRJPAC. This has to be understood without harm of the possibility of exercise upward of opposition on the part of the titular persons of the data, in the foreseen terms in the article 6.4 of the LOPD.
01/01/2009
Communication of data to make statistical treatments broken down by sex
CNS 24/2009
Of the applicable regulations the duty to include the sex datum in some files of particulars of the public company in determinate suppositions, but not in all files is detached. The public company can foresee the communication of data for statistical purposes to one another public administration, without the consent of the interested persons, in application of article 21 LOPD, whenever the study has the consideration of statistical activity of interest of the Generalitat. In any case, it will normally be necessary previously to anonymize the studies.
01/01/2009
Total number of pages: 366