Resolutions, opinions and reports search tool

It is proposed the obligation of a City Council to exhibit before any person an administrative file of works and, if so, what documentation of the file must be exhibited before third parties. The right to data protection and the right of access to environmental documentation of public administrations converge. The transfer of data does not require the consent of the affected party because a norm with the rank of a law legitimizes the access of every person to information related to the environment that is in the hands of public authorities, without it being inferred, in this specific case, the existence of sensitive data that requires confidentiality.

It is proposed if the data of the registered and not registered persons have the consideration of personal character data and the possibility on the part of l’Ajuntament to communicate them to a political party with informative purpose. The municipal census d’habitants is configured like a data base of personal character and therefore, is subjected to the LOPD. The communication of particulars requires the consent from the ones affected, both if they are registered as if they are not it, unless it is authorized by law, which it does not seem to meet at the present supposition for the purpose that he considers.

Representative union possibility d’accés d’un to the particulars of the civil servants d’un Town Council with purpose of check of the fulfillment of the valid rules in work matter, in particular the nominal relation of the extra hours and nocturnitats. It is concluded that the consent is required from the affected ones because the request s’adreça in extremes with respect to which the law does not fit out the cession, without s’exclogui the possibility to give the information in a dissociated way, so that he cannot identify to concrete individuals.

Cession to foreign public administrations, across its consulates, of data of the municipal census d’habitants, in particular the address. The excepciona law the consent of l’afectat in the cession of the datum when s’efectuï among public administrations, interpreting this exception in a restrictive way and understanding that it is circumscribed in state l’àmbit, in exercise of its competences and in matters in which the datum of the address is relevant, without being able to be spread to the supposition that it is brought up. It is recommended to use d’altres alternative options as l’ajuntament acts as mere transmitter between the consulate and the interested person.

Communication of data of the municipal census in one third hired by the town council itself for the realization d’un study about the situations of dependence from the old people of the town. The municipal census d’habitants is configured like a data base of personal character and, in the supposition that he considers, regrets that the third hired one is entrusted of the treatment, with the duties that this entails, as the LOPD is not considered communication of data in third one. The third one hired by l’ajuntament will have to comply with the duty d’informació to the persons concerned of whom particulars are collected.

Access on the part of the workers d’una public company on the subject of health, to the clinical histories of determinate patients/users d’un hospital with the purpose d’investigació. L’accés to the particulars of the patients/users d’un hospital s’entén like a cession or communication of data and it is subjected to that that he orders the sanitary regulations with respect to the uses of the clinical history. L’accés will be possible always and when the consent of the patient for the cession of the data of personal character is evident or that the cession is carried out in a way dissociated, sorting out the data of character clinicoassistencial d’aquelles that allow the personal identification.

L’objecte of the proposal of Frame Agreement consists in integrating the public and private health centres of the public network d’utilització into the process d’implantació of the Shared Clinical History in Catalonia. Since the data of health are considered as specially sensitive and protected in the legislation of data protection, and taking the applicable sectorial regulations into account, it is considered necessary to revise the forecasts made with respect to the consent of the patients, to determine the purposes and uses of the data of the patients in this context, in order to respect the principle of quality, and to define the forecasts about the right d’informació and l’exercici of the rights of the patients, between d’altres.

Access for the town councilors d’un town council, in exercise of its functions, to particulars treated social by l’àrea of services. The town councilors are part integral d’un town council and, among its functions, that of control and taxation of the activities of l’Ajuntament is found. Therefore, they have the faculty of consulting documents in the terms of the specific regulations. To the effects of the communication, since the town councilors do not have the consideration of third, they could access to the particulars that are strictly necessary for the fulfillment of its functions, always and when they are suitable, pertinent and non excessive in relation to the determinate, explicit and legitimate purpose for which obtained s’han, with regard to the principle of quality.

Exercise of the right d’accés to the information on the part of the town councilor, responsible for l’oposició, and possible limits. The town councilors are part integral d’un town council, without the condition of third nor any difference being without due to being part of l’equip of government or of l’oposició. The right d’accés s’ha of limiting to the particulars that are strictly necessary for the fulfillment of its functions. It is required that l’ajuntament carries out a ponderation of the information that the law d’accés requests it, by demand of the principle of quality, for such d’equilibrar the rights or interests in game, that is, on the part of the town councilors in relation to the necessary protection of the particulars of third parties.

Possibility d’implantar a system d’informació that l’accés allows to data of health among different public and private welfare centers d’una public network. The concretion of the information is missed object of treatment contained to the clinical history that it will be. The generic forecast that s’efectua not s’adequa to the regulations of protection of data nor to that of the clinical history. It is necessary to determine the communication of the sanitary information for purposes that are not sanitary d’assistència; the suppositions in what s’aplica the figure of l’encarregat of the treatment and the cases in which a cession is produced of data among the welfare centers.