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Competence of the APDCAT about the files of a private nursery school that receives public subsidies
PET 8/2011
The area of performance of the Catalan Authority of Protection of Data understands, between of others, the files and treatments that the entities of private law that public services loan through any form of management carry out direct or indirect, if it is a matter of files and treatments linked to the provision of these services (article 3.f) of the Law 32/2010, of the 1 October, of the Authority Catalan of Protection of Data). The files created to manage the nursery school would not be included in the mentioned area of performance in so far as this educational service is not loaned in regime of concert and, therefore, will have to be set in the General Register of Protection of Data of the Spanish Agency of Protection of Data.
21/11/2011
Access on the part of several municipal services to the Municipal Census of Inhabitants
CNS 35/2011
The access to the particulars of the Municipal Census of Inhabitants on the part of the different administrative units or administrative organs of a same town council, once the Local Police have been included, does not constitute purely a cession of data, since they are part of the same juridical person. This access however, it will only be possible if the purpose by which it is requested is compatible with the main purpose of the Census, as now, when it is necessary for the exercise of the competences that the legislation of local regime attributes in the town councils and exclusively for matters in which the datum residence or address is relevant.
18/11/2011
- SECTORIAL AREA
- Municipal Population Register
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Law enforcement authorities
- Judges and courts
- ENTITIES
- Public administration
- Local administration
- Council
- SECURITY MEASURES
- PRINCIPLES
- Purpose limitation principle
- Law-enforcement purposes
- Quality principle
- Proportionality
RESOLUTION OF ARCHIVE of the Previous Information no. 44/2011 and 137/2011, concerning the Town Council of Mataró.
IP 44/2011
The sanctionative regime does not result from the LOPD of application to the denounced facts, since the eventual visualization of the images picked up by the video cameras does not allow the identification of the persons who turn up in the monitors. Moreover, when the images are obtained through the utilization of videovigilància cameramen on the part of the Forces and Security Corps, it is applicable the organic Law HIM 4/1997, of 4 of August, for which the utilization of video cameras is regulated for the Forces and Security Corps in public places, developed in the area of Catalonia by the Decree 134/1999, of 18 of local May, regulation of the videovigilància on the part of the Police of the Generalitat and policewomen of Catalonia, legislation that he already foresees his own sanctionative regime. Applied articles: Art. 3.c LOPD and 5.t of the RLOPD; art. 4.2 Instruction 1/2009; art. 8.3 HIM 4/1997 and 14.4 Decree 134/1999
17/11/2011
RESOLUTION OF ARCHIVE of the Previous Information no. 114/2011, referring to the General Direction of Attention to the Childhood and to the Adolescence of the Department of Social Welfare and Family, of the Generalitat de Catalunya.
IP 114/2011
The noncompliance of the specified period to solve the law of access is not constitutive of offense for obstaculització to such law, if a determinate singularity and the denounced entity coincide has given to make applied Articles the law of access effective fulfillment to the resolution of the procedure protection in which it was required from: 15 of the LOPD.
17/11/2011
Report in relation to the Project of Order of the Department of Inside, of creation and modification of the files that contain data of personal character of the General Direction of Prevention, Extinction of Fires and Rescues of the Department of Inside
PD 23/2011
10/11/2011
Report in relation to the Project of Decree by which the Register of the sector of the animal animal feeding and area of the by-products is regulated
PD 26/2011
07/11/2011
Report in relation to the Project of Order by which the regulation of data of personal character files of the Catalan Institute of the Ground is updated
PD 27/2011
07/11/2011
RESOLUTION of the procedure of rights protection no. 41/2011 one urged against the Direction General of the Police of the Department of Inside of the Generalitat de Catalunya
PT 41/2011
The right of cancellation in relation to the police records is rejected for not having brought in the deadline granted to the effect, the documentation required previously to the article 22.4 of the LOPD by the responsible of the file and who referred to the distinguished extremes. Applied articles: Articles 16, 23 and 22.4 of the LOPD as well as article 32 RLOPD
07/11/2011
RESOLUTION of the procedure of rights protection no. 45/2011, urged by Mr. XXX, in representation of its children, against the Department of Education of the Generalitat de Catalunya.
PT 45/2011
The estimation comes from access upward when the denial is not founded in any cause foreseen by the LOPD. The relative circumstance to the unit in the face of which the law of access is exercised not being a depositary of the object documentation of access, it does not exempt the responsible for the file from making cash the law. The responsible for the file has to obtain the documentation from the organ or entity responsible of its custody and in case that has been destroyed, facilitate the information that figures in automated support. Applied articles: 15 LOPD; 23, 27, 29 and 30 RLOPD.
07/11/2011
Report in relation to the Project of Agreement by which a file of personal character data of the Polytechnic University of Catalonia is created
PD 24/2011
27/10/2011
Total number of pages: 365