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RESOLUTION of the procedure of rights protection no. 28/2012, urged by madam XXX against the Town Council of Molins de Rei
PT 28/2012
The claim of protection of the opposition law from a formal optics not to solve the request is estimated in the deadline of 10 days, and also as for the background, since the course of the deadlines of contestation of the events of the selective process communicated across the municipal web is a motive legitimate and set up to oppose to this diffusion. Applied articles: Art. 4, 6.4 and 11.2.a) LOPD, 59.6.b) LRJPAC and 12 of the Law 11/2007
18/10/2012
RESOLUTION of the sanctionative procedure no. PS 40/2012, referring to the Sanitary Consortium of the Anoia.
PS 40/2012
The stay of the PS is proposed, since within the framework of the evidential period it has been ascertained that who it elaborated and spread the controversial document that contained particulars of the patients of the Sanitary Consortium from the Anoia with cancer was the Catalan Institute of Oncology, who acted as person in charge of the treatment. A PS in the ICO is initiated for these facts.
17/10/2012
Cession of data on the part of the dealer of a public service in the titular Town Council of the service
CNS 45/2012
The management of the supply d’aigua of l’Ajuntament is a municipal public service that implies the data processing by itself personal necessary to be able to loan and to charge the service to the user citizens. In case that l’Ajuntament s’hagi configured as a responsible for the treatment and the corresponding contract d’encàrrec with l’empresa has established dealer of the service, l’Ajuntament can access in any moment to the linked particulars the provision of the service. In case there is not this contract d’encàrrec and the responsible for the file was l’empresa dealer, the communication of particulars from the files of l’empresa dealer in l’Ajuntament it could find habilitation well in the consent of the user persons, or in l’article 11.2.c) of the LOPD.
10/10/2012
Report in relation to the Resolution by which the creation is solved and modification of files of personal character data managed by the Syndicating of Accounts of Catalonia
PD 32/2012
10/10/2012
Cession on the part of a professional School in the Courts and Courts of the listing of registered in the professional association disqualified professionally
CNS 43/2012
The School has sufficient legal habilitation to communicate the listing of registered in the professional association disqualified in the TSJC, without having to have the consent of the affected ones. It is necessary to take into account the demands derived from the principle of quality and, if it is proper, to regulate the corresponding files. Is recommended that s’estudiï the possibility to give access to the courts of Catalonia to the information of the ones registered in the professional association available in the unique window, specifically, the one related to the “situació d’habilitació professional” (article 10 of the Law 2/1974).
02/10/2012
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Corporate administration
- Professional associations
- Judges and courts
- PERSONAL DATA
- Sensitive data
- Sensitive data
- Administrative criminal offences
- ENTITIES
- Public administration
- Corporate administration
- Professional associations
- Judicial power
- PRINCIPLES
- Quality principle
- CATALAN DATA PROTECTION REGISTER
- File registration
RESOLUTION of the procedure of rights protection no. 12/2012, urged by madam XXX against the Town Council of Barcelona.
PT 12/2012
The deadline that it has the responsible for the file to solve the request of cancellation and to notify it is from ten days from the presentation of the request: the claim of protection is loved since the Town Council solved the request in the deadline of ten days, but the notification was produced once this had run out. Regarding the background of the claim of protection, the cancellation of the relative data proceeds to the person claiming collections for a Town Council on the occasion of the presumed breach of a municipal ordinance (data especially proteges), since this collection and posterior treatments were made without having not even the express consent of the person affected, nor with legal habilitation. This cancellation will not proceed, however, in those cases in which the treatment of the data of the complaining person has caused an administrative event that is impugnable in administrative or judicial way. Applied articles: 16 i18 LOPD; 31, 32 and 33 RLOPD; 58, 59 and 61 Law 30/1992
28/09/2012
RESOLUTION of the procedure of rights protection no. 13/2012, urged by madam XXX against the Town Council of Barcelona.
PT 13/2012
The deadline that it has the responsible for the file to solve the request of cancellation and to notify it is from ten days from the presentation of the request: the claim of protection is loved since the Town Council solved the request in the deadline of ten days, but the notification was produced once this had run out. Regarding the background of the claim of protection, the cancellation of the relative data proceeds to the person claiming collections for a Town Council on the occasion of the presumed breach of a municipal ordinance (data especially proteges), since this collection and posterior treatments were made without having not even the express consent of the person affected, nor with legal habilitation. This cancellation will not proceed, however, in those cases in which the treatment of the data of the complaining person has caused an administrative event that is impugnable in administrative or judicial way. Applied articles: 16 i18 LOPD; 31, 32 and 33 RLOPD; 58, 59 and 61 Law 30/1992
28/09/2012
RESOLUTION of the procedure of rights protection no. 15/2012, urged by Mr. XXX against the Town Council of l'Hospitalet de Llobregat.
PT 15/2012
The request of exercise from access has to be solved upward and notify, meter from the date of entry in the register of the competent organ, in the deadline of a month even if the particulars which is intended to be accessed have been canceled. Applied articles: 15LOPD, 29 RLOPD, 13 and 17 Instruction 1/2009
28/09/2012
RESOLUTION of the sanctionative procedure no. 23/2012, referring to the the Town Council of Ulldecona.
PS 23/2012
It is stated that the town council has trampled the principle of purpose in the use of the file of inhabitants census since together with the card in which it informed the old people of the muncicipi about the rendering of services of welfare type, a triptych that contended included information of advertising character, foreign to the provision of the muncipal service, using the data of the census of inhabitants to such effect. Applied articles: Article 44.3.c and 4.2 of the LOPD.
28/09/2012
RESOLUTION of the sanctionative procedure no. PS 26/2012, referring to the Heart School of Maria de Blanes.
PS 26/2012
The access and consultation to the contents of the account of facebook of a minor of 14 years, on the part of the educational staff of the school and without the consent of its parents, constitutes a severe offense, to treat data without the required consent. Applied articles: Art. 6 and 44.3.b) LOPD; art. 13 RLOPD
28/09/2012
Total number of pages: 365