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RESOLUTION of the sanctionative procedure no. PS 27/2012, referring to the Department of Health, of the Generalitat de Catalunya.
PS 27/2012
The implantation of a system of videovigilància with recording of images with purpose of security of the building, without the previous creation of the file through general disposal, constitutes a severe offense. Applied articles: 20, 44.3.a LOPD; 52 RLOPD; 9 Instruction 1/2009
18/07/2012
RESOLUTION OF ARCHIVE of the Previous Information no. 97/2011, referring to the General Direction of Prevention, Extinction of Fires and Rescues of the Department of Inside of the Generalitat de Catalunya
IP 97/2011
The communication in the INSS of data of the firefighters in situation of second activity is set in the duty of the Administration of communicating the Social Security the relevant information for the exercise of its competences, of avoiding an eventual harm to the public fund, and of collaboration among public administrations. And the sending of information among organs of the same Administration does not constitute a communication of data, it is set in the exercise of the ordered functions, and is proportionate to its accomplishment. Applied articles: Art. 4, 6.2 and 11 LOPD, 37.4, 45.1, 143 and 230.c) LGSS, 4.1.c) and 102 LRJPAC, 113, 114 and 116 of the Decree 243/2007
18/07/2012
Report in relation to the Project of Regulations regulatory of the file of public titularity that contains data of personal character of a School of Secretaries, Auditors and Treasurers of the Local Administration
PD 23/2012
12/07/2012
Access of the town councilors to data of fiscal censuses
CNS 33/2012
Once the personal information that can be treated in the three fiscal censuses (IBI, vehicles and driveways) had been attended to, from the prospect of the principle of quality l’accés on the part of the town councilors to the whole d’informació requested, in the terms brought up in the consultation, could force this principle. It is recommended to consider that the information is facilitated conveniently anonymized, if this allows to give fulfillment to the functions of the town councilors. A partial access to the information of the fiscal censuses, without harm of the possible limitations d’accés in relation to determinate types of particulars, cannot be discarded. An access to the information of the fiscal censuses, related only to determinate persons, properties or vehicles, in the cases in which the request d’accés is specified of the town councilors cannot be discarded in this sense, in relation to its functions.
12/07/2012
Cession of data of the Census in a municipal Group for sending of information of a political party
CNS 34/2012
L’accés of the town councilors to data of the municipal Census d’habitants without consent of the headlines can be skill in determinate suppositions, to the fulfillment of its functions (LRBRL). It does not seem that l’accés for l’enviament of own documentation d’un political party s’hagi of considering included in the legitimate purpose for which a town councilor can access in the Census, to the effects of the principle of purpose (article 4 LOPD). L’accés on the part of the town councilors to the data of the Census (name and address) for the purpose brought up would require of the consent of the headlines of the data. The possibility of his being the Town Council itself the that political party sends to determinate neighbors of the town a documentation that is related, by the information of which it is ordered, to the activities d’un and that therefore is foreign to the activities of the Corporation itself, it requires the consent of the headlines of the data.
12/07/2012
Cession of data of the Census to another public administration for the exercise of functions on the subject of patrimonial management
CNS 36/2012
The communication of data contained town council to another public administration in the Census from d’un, without consent of the affected ones, requires that it is carried out for l’exercici of the legally attributed competences and for matters in which l’adreça is a relevant datum. In the examined case, it could be sufficient to communicate the identificatives data of the persons who live in the request addressed to l’ajuntament in each of the houses which are referred to necessary for l’exercici of the alleged competence.
12/07/2012
- SECTORIAL AREA
- Municipal Population Register
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- PRINCIPLES
- Purpose limitation principle
- Quality principle
RESOLUTION of the sanctionative procedure no. PS 18/2012, referring to the Town Council of Pallejà.
PS 18/2012
The cession of the retributives data of the identified employee persons requires the consent of the affected persons, or, the concurrence of one of the suppositions portrayed to article 11.2 LOPD. Applied articles: 3, 4, 11 and 44.3.k LOPD; 168 I 169 RDL 2/2004; 18 RD 500/1990
12/07/2012
Cession, on the part of a professional school, of a listing of persons registered in the professional association to a candidature to the school elections
CNS 31/2012
The information related to the name, number of registered in the professional association, professional address and electronic mail of the ones registered in the professional association can have the consideration of source accessible to the public. However, and beyond l’obligació of facilitating information about the name and surnames, number of registered in the professional association and professional address in the unique window of the professional school, there is not legal l’obligació of facilitating the information requested with the requested format.
09/07/2012
Guarantees in the expedition of tributary certificates
CNS 35/2012
The request of the certificate d’estar to the current of the tributary duties through l’ús of the electronic mail forces l’administració to adopting the necessary measures of technical and organizational character to guarantee the correct identification and authentication of the applicant persons. In so far as the certificate will be sent to fiscal l’adreça that is evident in the data base of l’administració by certified postal mail, to use a mechanism d’acreditació of the identity based on l’enviament by electronic mail of the suitable documentation in a scanned way it can be admissible, although it would be advisable to use other mechanisms that offer more guarantees.
09/07/2012
Report in relation to the Project of Order for which the modification of the Order MAH/334/2010, of 1 June, by which they regulate concedes the files that they contain data of personal character managed by the Catalan Agency of the Water
PD 19/2012
06/07/2012
Total number of pages: 365