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The information on which the search is based has been translated by a computer system without human intervention. It may contain errors in vocabulary, syntax or grammar. The translation may also produce mistakes in the searches performed.
3,654 results were found
CNS 25/2009
The Instruction 1/2009, of 10 of February, of the Catalan Agency of Protection of Data, about the data processing of personal character through cameras with until of videovigilància it does not work out of application to the treatments with until of videovigilància carried out by the notary's offices that exercise its activity in Catalonia, since they are not in the competence area of the Generalitat included in this matter.
01/01/2009
CNS 26/2009
The possibility of the general secretary of a union as a member of an organ registered in the professional association of one of the competent public entities on the subject of health being able to communicate the government organs and the affiliates to the union the agreements and its interventions in that organ registered in the professional association is brought up. The communication of data to the government organs that govern the union, in accordance with what foresees the article 11.2.c) of the LOPD, is legitimate for the purpose that he justifies it. The communication of data to the affiliates to the union is considered cession of data and would only be it legitimates in the supposition in which it was fitted out by a rule with rank of law, in accordance with what orders article 11.2 to) of the LOPD.
01/01/2009
CNS 27/2009
The communication of particulars has to be carried out with the previous consent of the affected one or if there is specific habilitation in a rule with rank of law. Without harm of the data of the civil servants or work workers who can indirectly be obtained and know, the applicable regulations do not foresee expressly that the organs of union representation have to know the whole of the retributius concepts that are perceived another rule of legal rank that can authorize it, corresponding to the payroll of a month, in a periodic way, to lack of any. It is recommended to appraise the possibility of the delivery of personal information being able to be made in a dissociated way.
01/01/2009
CNS 28/2009
The fundamental right to the protection of personal character data, as a very personal law, has to be exercised necessarily by the headline of the data, or, in the terms that he foresees the LOPD and the RLOPD, for third parties in name and representation of the person concerned. The regulations of protection of particulars do not apply to the data of deceased persons, except in the suppositions indicated in article 2.4 of the RLOPD. The request of access to determinate medical information of a dead relative does not constitute a demonstration of the law of foreseen access in the article 15 of the LOPD, but it has to be solved with regard to the applicable sectorial regulations (Law 41/2002). The medical center has to check out the fulfillment of this article, especially, the principle of proportionality.
01/01/2009
CNS 29/2009
The communication of particulars of the included candidates to the employment exchange of a company to the Works Committee, has to be carried out according to article 11 LOPD. The previous consent of the headline of the data or, as an exception, with a habilitation legal specific has to be counted on. To lack of other forecasts contained in rules of legal rank, the Statute of the Workers does not foresee that the information that has to receive the Works Committee for the fulfillment of its functions has to include the data set personal of the candidates, so that it is necessary to have the consent of the candidate to be able to communicate its data.
01/01/2009
CNS 30/2009
The communication of data to the Works Committee has to be carried out in agreement the regime established in the article 11 of the LOPD; with general character the Statute of the Workers does not recognize expressly the representatives of the workers the right to access the whole of all the information about economic and work conditions associated with each concrete worker. The Committee of Direction can only have the right of access to the data in so far as this is necessary for the achievement of the functions that they have assigned, respecting in principle of quality (article 4 LOPD). With general character, the law of information in favor of the stockholders, it does not include a general communication of the data of all workers, and it can only be considered that there can be habilitation for the access of the stockholders in concrete suppositions and with respect to the data of determinate workers.
01/01/2009
CNS 31/2009
The communication of particulars included in the mercantile contract formalized with an autonomous worker to the Works Committee has to be carried out according to the regime of article 11 LOPD. Neither the Statute of the Workers nor the Statute of the autonomous work contain general forecasts that fit out the communication of particulars included in the mercantile contract with the exception of the supposition related to the economically dependent autonomous workers. Out of this exception, with general character, it is necessary to have the consent of the person concerned in order to communicate its data.
01/01/2009
CNS 32/2009
The incorporation of particulars about disabled in the Catalog of Data and Electronic Documents for his put at the disposal of the interested public administrations it constitutes a communication of data. Consequently, so that the communication of data is legitimate it will be necessary to analyze if the express consent is counted on, habilitation is counted in accordance with the article 21 LOPD, or if there is a law that fits out the cession. In case the consent is necessary, this will have to be conceded expressly, in accordance with the article 7.3 LOPD. In any case, the determination of the particulars that can be an object of communication and of posterior treatments will have to respect the principle of quality of the data, ex article 4 LOPD and to guarantee the confidentiality of the data through the application of the suitable safety measures, which in this case will be of high level.
01/01/2009
CNS 1/2009
The possibility of a hospital being able to hand over, requirement for the competent public administration on the subject of protection of minors, data of the relatives of the given minors is brought up. The regulations about protection of the minors allow all the information that is pertinent, including the one related to the environment family of the minor, to consider that the competent public administration has legal habilitation to access. Even so, the indiscriminate or generalized access to all data of the relative of the minor of which he orders the hospital, contrary at the beginning of quality (article 4 of the LOPD) could work out, since any access to the data has to be proportionate. Therefore, it is advisable that the hospital carries out a previous exercise of ponderation, and values, out of all the information which it has about the relative of the minor, which of this information can be relevant for the fulfillment of the legitimate purpose of informing about the situation of risk of the minor.
01/01/2009
CNS 2/2009
Access on the part of a town council to relative particulars to the coverage of the provision of sanitary assistance through the General Regime of the Social Security of its workers and of the beneficiaries for these. The managing public entity of the benefits of the public sanitary system in Catalonia jar, in exercise of its functions of business agent of these benefits, to communicate or to hand over to a town council the consistent particulars in the membership or not to the General Regime of the Social Security of the civil servant persons of this town council or of the persons that are from it beneficiaries, in order to fight against the fraud in the perception of incompatible benefits in the different regimes of the system of the Social Security. The town council can communicate this managing entity the mentioned particulars in order to comply with its duties on the subject of Social Security.
01/01/2009
Total number of pages: 366