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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 3/2009
Doubts are brought up about the possible utilization on the part of a town councilor of identificatives data of determinate persons who have been given of casualty of the municipal census of inhabitants. The right of access to the information exercised by the town councilors has limitations, but a limitation a priori and with general character, with respect to the particulars in those that can access, does not fit to the regulations about law of access nor is exigible from the prospect of the protection of data. The posterior utilization of the particulars, obtained legitimately by the town councilor, has to found in a determinate, explicit and legitimate purpose. The legitimate access does not fit out another purpose that differs to use the data for any or cannot be considered subsumible in the first purpose and legitimate that founds the treatment. A change of purpose will require to have the consent of the persons concerned or with a habilitation legal.
01/01/2009
CNS 4/2009
Cession among public administrations of particulars that can develop the religion or the beliefs of the affected persons. The data processing that can develop the religion or the beliefs of the affected persons requires in any case the previous, express consent and in writing of the same ones, ex article 7.2 LOPD.Si well in two concrete suppositions it goes to a special conclusion, it is necessary to be to the general rule according to which, when treats itself of communications for purposes non foreseen in the moment of the obtaining of the consent in the collection of the data the communication of data will require the express consent and in writing or the previous anonimització.
01/01/2009
CNS 5/2009
A deputy of the Parliament sol•licita to have access to the data contained in the reports related to reports of protection of minors. It is necessary to make the law of access of the deputies to the information of which he orders the public administration, with the protection of particulars, compatible. The Regulations of the Parlament de Catalunya constitute, the legal habilitation necessary for the cession of the data without the consent of the persons concerned, with general character without harm of the fulfillment of the principles and foreseen duties in the LOPD. Since the reports include data especially protected or sensitive, it is considered exigible in this case to dissociate or to anonymize the information in a way previous to the communication to the deputies of the Parliament, in order to not allow the identificabilitat of concrete physical persons. It will be necessary also to determine the concrete system of coding or anonimització and the concrete way of giving access to the information.
01/01/2009
CNS 6/2009
The mercantile entity adjudicator of a social service of telephonic attention has the condition of person in charge of the treatment if it does not decide about the purpose, contents and use of the treatment and like this it is indicated in the administrative contract that it is formalized for the provision of the service, following the forecasts of the article 12.2 of the LOPD. Otherwise, he will be considered responsible for the treatment. The fulfillment of the duty of information corresponds to the mercantile entity with character previous to the recording of the telephonic conversation. In case calls of emergency are produced the exception of the duty could always operate for information for its linking to the public safety (article 24.1 of the LOPD) and when the data processing personal it keeps in the margins of the determinate, explicit and legitimate purpose for which the data have been obtained.
01/01/2009
CNS 7/2009
Creation and modification of the files of a private University linked to the exercise of public functions. All the created files by the titular Foundation of a private university that is part of the university system of Catalonia are considered private files, ex article 5.1.l) of the RLOPD, for which the applicable juridical regime is the foreseen one in the chapter II of the LOPD (arts. 25 to 32), as well as, regarding the notification and inscription of the files, in the chapter II of the title V of the RLOPD. The creation, modification or suppression of files will have to be made in accordance with the rules of organization and functioning of the University itself -the articles 20.1 LOPD and 52 RLOPD- not being applicable, and the files will have to be set in the Register of Data Protection of Catalonia.
01/01/2009
CNS 8/2009
Creation and modification of the files of a private University linked to the exercise of public functions. All the created files by the titular Foundation of a private university that is part of the university system of Catalonia are considered private files, ex article 5.1.l) of the RLOPD, for which the applicable juridical regime is the foreseen one in the chapter II of the LOPD (arts. 25 to 32), as well as, regarding the notification and inscription of the files, in the chapter II of the title V of the RLOPD. The creation, modification or suppression of files will have to be made in accordance with the rules of organization and functioning of the University itself -the articles 20.1 LOPD and 52 RLOPD- not being applicable, and the files will have to be set in the Register of Data Protection of Catalonia.
01/01/2009
CNS 9/2009
Implantation of a system of hourly control through the digital imprint on the part of a public administration. 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 creation and inscription of the file (art. 20 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
CNS 10/2009
Access to the data of the municipal census of inhabitants of a Town Council on the part of the department of staff management of the same Town Council. The municipal census of inhabitants is a register that is configured like a data base of personal character, and the LOPD is for him of application. It will be necessary to take the principles and disposals that restrain themselves in this rule into account. The department of staff of the Town Council, in exercise of its functions, it is legitimated for accessing the data of the municipal census with the purpose that motivates the consultation that it is that of accessing the datum of the address of a municipal worker in order to practice communications derived from the relation of services that it links it to the Town Council.
01/01/2009
CNS 11/2009
A citizen requests the obtaining of copies of the Estate Property Register of Rústega of the town. The data of the cadastral headlines that are physical persons, and that are evident to the Property Register, are data protected by the LOPD. To hand over particulars the consent of the headline is necessary, unless, among others, a law authorizes the cession. The Law of the Property Register establishes an access restricted to the treated data, and requires the consent of the headlines or the concurrence of suppositions rated in the law itself. The participation of the citizen as a witness in a notarial writing does not mean a sufficient legal habilitation, is then not a foreseen supposition to the Law of the Property Register. Therefore, the cession in this case is not protected by the LOPD, without harm of the possibility to resort to the consultation of other public Registers.
01/01/2009
CNS 12/2009
Possible consideration of a private foundation, adjudicator of the rendering of services social, as a person in charge of the treatment and fulfillment of the duty of information. The private foundation would have the condition of person in charge of the treatment whenever it does not decide about the purpose, contents and use of the treatment and it is indicated in the administrative contract that it is formalized for the provision of the welfare services, and in the same contract the forecasts of the article 12.2 of the LOPD are collected. Otherwise, she will be considered responsible for the treatment. The fulfillment of the duty of information foreseen in the article 5 of the LOPD corresponds to the entity that collects the data of personal character and with character previous to the collection.
01/01/2009
Total number of pages: 366