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.
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 17/2008
The file of calls carried out recording to the local police of a town, is subjected to the LOPD. Regarding the exclusion from the fulfillment of the duty of informing (article 5 LOPD), it can only be produced by the concurrence of an affectation for the National Defense, the public safety or the persecution of penal, but non administrative offenses (art. 24.1 LOPD), taking the STC 292 /2000 into account. In relation to the calls made to the local police, is only been able excepcionar the duty of informing when the purpose is the exercise of functions of the local police directly and precisely linked to the public safety or the persecution of penal offenses. In any other case, for the rest of made calls, it is necessary to the duty to give fulfillment of informing in the terms established by the LOPD.
01/01/2008
CNS 18/2008
It is legitimate that the competent organ collects the particulars consistent in the name and surnames, the DNI (or NIF), the date since birth and the antique of the workers of an electoral unit for the celebration of elections in the organs of representation of the workers to the Public Administrations. However, from the point of view of the regulations of data protection, is considered that the publication of the data consistent in the DNI (or NIF), the date since birth and the antique of these workers in the board of advertisements of the corresponding electoral unit can harm the right to the protection of particulars of the voters, since these data are not necessary for the fulfillment of the first purpose of the publication of the lists of voters, that it is not another than knowledge if a civil servant considers himself or not voter.
01/01/2008
CNS 19/2008
The municipal census of inhabitants is a register that is configured like a data base of personal character, and therefore the organic Law 15/1999, of 13 December, is to him of application of Protection of personal character data, and therefore it will be necessary to take into account the principles and disposals that restrain themselves in this rule, besides what orders the applicable sectorial regulations. The Department of the Town Council, in exercise of its functions, is legitimated to access data of the municipal census. In the writings through which it spreads the formative program has to give fulfillment to the duty of information of the article 5 of the LOPD to itself.
01/01/2008
CNS 20/2008
The university can access the particulars of the school where the teachers ascribed to the university are registered in the professional association, related to the name and surnames of the ones registered in the professional association and its situation of professional exercise, since the listing of professionals registered in the professional association where these are published is a source accessible to the public. The school can communicate to the university the consistent datum in if requests of visa of certain professional works on the part of teachers with dedication in time complete have been formulated, without the need for requiring the previous consent of these teachers, if it is necessary for the control of the fulfillment of the regulations about incompatibilities.
01/01/2008
CNS 21/2008
The utilization of electronic terminals that allow to obtain steering wheels from census directly for the citizens constitutes a service of electronic administration the admissibility of which in principle would not bring up problems from the point of view of the regulations of data protection, whenever the measures adapted to their using this service to guarantee the identification and authentication of the persons are adopted. In this sense the utilization of systems based on the electronic DNI or other systems of advanced electronic signature is recommended. The nature of the treated data attended to, an identification system based on an identificatiu user and a password previously could also be admissible conceded by the Town Council.
01/01/2008
CNS 3/2008
The publication of sessions events on the web that data of personal character do not contain, or when these limit themselves to the data of the town councilors and the civil servants who intervene in it due to its charge people do not see limited by the regulations of data protection. However, when the minutes include data of personal character, its publication constitutes a data processing personal and therefore he undergoes the LOPD. Events of the Executive Council: the sessions are not public and the access to the minutes is only possible for persons legitimated in accordance with the LRJPAC; events of the plenum: the sessions are public but of this it cannot become detached that the minutes of the sessions can be spread on the web. It will be necessary that a law fits it out (art. 11 LOPD).
01/01/2008
CNS 4/2008
The publication of sessions events on the web that data of personal character do not contain or when the particulars limit themselves to the data of the town councilors and the civil servants who intervene in it due to its charge, does not see limited by the regulations of data protection. However, when the minutes include data of personal character, its publication constitutes a data processing personal and therefore he has to undergo the principles and guarantees of the LOPD. Regarding the diffusion of the agreement with particulars different to those of the persons who sign it, it can only be published if there is specific legal coverage and whenever there is not another more respectful means with the protection of data.
01/01/2008
CNS 5/2008
A cession of a data base is brought up, on the whole, that it contains data of personal character, in a Ministry of Education of another Autonomous Community, in order to give information about an educational offer in Catalan. The Catalan autonomic Administration related with the consultation does not exercise competences in the educational area, but of representation of the Government and of cultural diffusion. Therefore, the requirements of identity of competences or matters that the article 21 of the LOPD requires to be able to carry out the cession without the consent of the headlines of the data are not given. It would be necessary to ask for the corresponding consents of the headlines of the particulars, or to use other informative mechanisms.
01/01/2008
CNS 6/2008
Analysis of the cession of particulars among a Public Administration and a university for the realization of a scientific study (articles 11.2 e) and 21 LOPD and 9 RLOPD). Necessary application of the principles of quality of the data and of incompatibility of the purpose prestresses (art. 4 LOPD). Analysis of the necessary concept of scientific study and requirements to determine that we are in the face of a scientific purpose. Impossibility about handing over the data anonymized for the realization of the study, and need to respect the duty of secret during its realization and in the publication of the results.
01/01/2008
CNS 7/2008
Confrontation of the right to the protection of personal character data and the right of recognized access to municipal information to the town councilors of a Town Council for the fulfillment of determinate functions. Whole of analyzed particulars: name, surnames, antique, professional category and date of completion of the contract. Recognition of the law of access towards determinate data of the described whole; with respect to the antique and the duration of the contract is concluded that its communication is made through previous dissociation.
01/01/2008
Total number of pages: 366