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3,654 results were found
Sent to the tutelary administration of the electoral roll of a corporative administration
CNS 28/2005
The sending of the electoral roll could entail a cession of data but the applicable sectorial regulations foresee to give advertising to the electoral roll and, therefore, the public access to determinate data of the census is foreseen. S’habilita legally l’accés to this information personal, given the legitimate purpose of the own guarantees d’un electoral process. However, when corporative l’administració carries out performances that do not have the consideration d’exercici of public authorities, for any communication of data it will be necessary to collect the consent of the headlines except for the suppositions in which it is authorized by a law.
01/01/2005
Cession of health data to the Judicial Power
CNS 1/2004
The LOPD allows judges and courts without the consent of l’interessat the cession of particulars whenever they are necessary for l’exercici of the functions that they have attributed. The request d’informació has to be precise and non excessive in accordance with the needs that the resolution requires of the case. It is necessary to appraise the sanitary collective together l’obligació of collaborating, the demands of the protection of data, the duty of confidentiality of the information of the patient and the professional secrecy in what is subject.
01/01/2004
Cession of particulars to an association of owners and to urbanistic entities of collaboration
CNS 2/2004
Two possible cessions of data are brought up on the part of l’ajuntament. One, to a private association and l’altra, to an urbanistic entity of collaboration. It is concluded, in the first case, that the cession will only include the data of its associates necessary for l’organització from the activities that correspond to him and, in the second case, the necessary information to take part in the urbanistic process; if this contains particulars will only communicate and exclusively for l’exercici of functions of collaboration in l’execució of the works, in fulfillment of the principle of purpose.
01/01/2004
Cession of data of the staff of universities to the union representatives
CNS 5/2004
The committee d’empresa and the representatives of staff have recognized determinate rights d’accés to information of the workers, extensive to the union representatives by virtue of the Law of union freedom. The regulations foresee the cession of the data that figure in the basic copies of the contracts and, in general, the data of the workers will only be able to be destined to the fulfillment of the functions for which the regulations n’ha authorized the cession. The fate of the data to any other purpose will have to have corresponding l’habilitació or the consent of l’afectat.
01/01/2004
Cession of salary data of the workers to the union representatives
CNS 6/2004
The committee d’empresa and the representatives of staff have recognized determinate rights d’accés to information of the working, right ones that s’entenen extensive to the union representatives by virtue of the Law of union freedom. The regulations contain a legal forecast with respect to the cession of the data that figure in the basic copies of the contracts and, in general, the data of the workers will only be able to be destined to the fulfillment of the functions for which the regulations n’ha authorized the cession. The fate of the data to any other purpose will have to have corresponding l’habilitació or the consent of l’afectat.
01/01/2004
Cession of data of the teaching staff of the Catalan universities
CNS 7/2004
The communication of the results of the process considers if possible d’avaluació of the teaching staff of the universities at other universities. It is concluded that the cession is not protected in head of the suppositions legally foreseen by the valid regulations as exceptions to the general rule of the consent of l’afectat. In case it is necessary the particulars to be destined to a different purpose authorization will be required by a rule with rank of law or the consent of the headline.
01/01/2004
Installation of videovigilància devices in a residence of students
CNS 8/2004
Since the image d’una physical person it is given personal, the treatment d’imatges and sounds obtained through the utilization of video cameras it is subjected to the legislation of protection of particulars. The installation of video cameras for the forces and security corps is governed by its specific disposals, and by what foresees the legislation of data protection. The legitimation d’aquests devices will be determined, between d’altres, from the beginning of proportionality, suitability and d’informació to the persons concerned.
01/01/2004
Inscription of sanitary centers files in the Registers of Data Protection
CNS 9/2004
He considers if the entities of public law have d’inscriure its files in the Register of Data Protection of Catalonia and, at the same time, in the General Register of Protection of Data of Spanish l’Agència. It is concluded that the double inscription is not necessary; if these entities are understood in l’àmbit d’actuació of Catalan l’Agència, it is necessary that the inscription is carried out in its Register. In so far as it corresponds to the General Register of Protection of Data to watch over the advertising of l’existència of the files, the inscriptions that the Catalan Agency carries out will be sent him.
01/01/2004
Cancellation of particulars and duty of conservation
CNS 10/2004
A possible conflict is brought up among the right of cancellation of the particulars and that established to the legislation of archives and public documents. The law of cancellation in treatments that carry out the public administrations is left limited by the duty of conservation. It is necessary to be priced, at each case, if this law can be attended to or to consider the presence of a relevant interest in giving fulfillment to the cancellation of data. The Catalan legislation foresees the procedures of information selection, also of personal character, for its conservation.
01/01/2004
Communication of tributary data in a competent organ on the subject of discipline of market
CNS 11/2004
Possible contradiction between the tributary law and the law about discipline of the market and defense of the consumers and of the users. To reconcile them it is necessary to have present that the cession of data is a performance that limits fundamental right l’exercici d’un and therefore, s’ha d’analitzar in a restrictive way and considering suitably the interests that justify it. It is concluded that the access to tributary information has to have subsidiary character and only to take place to fault d’altres forms d’obtenció of the necessary information.
01/01/2004
Total number of pages: 366