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RESOLUTION of the procedure of rights protection no. 33/2011, urged by Mr. XXX against the Town Council of Lleida
PT 33/2011
Claim estimation law of access. When the object of claim is the lack of answer, the accreditation of the presentation of the request of access before the responsible for the file and the lack of allegations of this in the procedure of protection entails the estimation of the claim. The responsible for the file is forced to replying the request of access in the deadline of a month even if it does not have the particulars with respect to which the access is asked for. Applied articles: art. 15 LOPD and 29.1 RLOPD
07/10/2011
RESOLUTION OF ARCHIVE of the Previous Information no. 130/2011, referring to the Town Council of Vilanova i la Geltrú.
IP 130/2011
Existence of legal habilitation for the publication of the applied results of a selective process in the web site of the Article Town Council: 11 LOPD, 59.6 b) and 60 LRJPAC, 80 Decree 214/1990 and art.12 Law 11/2007
07/10/2011
RESOLUTION of the sanctionative procedure no. PS 37/2011, referring to the Town Council of Vacarisses.
PS 37/2011
An illicit communication of data of personal character is considered, the diffusion of documentation that contains particulars made in third one without having the consent of the affected person nor legal habilitation that protects this cession. Applied articles: 3.i), 11 and 44.3 k) LOPD
29/09/2011
RESOLUTION of the procedure no. PS 46/2011, referring to Barcelona Activa, S.A., municipal private Society.
PS 46/2011
Breach of duty of secret to be on the way it publishes documentation that contains particulars. The foreseen warning applies 45.6 LOPD to itself in the article. Applied articles: 10, 44.3.d) and 45.6 LOPD
29/09/2011
Report about the Project of Decree for which the Register of carriers and means of transport of alive animals and the Register of commercial operators of livestock are regulated and the rules of authorization, inscription and functioning are established
PD 19/2011
27/09/2011
Access on the part of a managing society of rights of copyright to data about the headline of an establishment of restoration
CNS 32/2011
In this case it can be considered that determinate particulars about the headline of the license of opening of some premises of restoration do not find proteges for the regulations of data protection, for application of the article 2.3 of the RLOPD, and therefore the legitimacy of the communication of these data to an Entity of management of author's copyright has to be analyzed from other rules. Even though the Law of copyright does not concede specifically a capacity or authority inspector, of research or of auditing to the entities of management and to its representatives, yes he attributes them the "management of the author's copyright", with regard to which it cannot be discarded that the representative of the Entity has certainly a legitimate and direct interest, in the terms that the article 37.3 of Law 30/1992 requires, of juridical regime of the public administrations and of the common administrative procedure, in order to access the information that he requests.
27/09/2011
Report in relation to the Project of Order by which the files are created and data processing of personal character that carries out the Institute of Geomatics
PD 20/2011
26/09/2011
RESOLUTION OF Previous Information ARCHIVE no. 67/2010, referring to the Town Council of Barcelona.
IP 67/2010
Particulars contained in an administrative report are filed by lack of evidence which they allow to infer that a Town Council handed over illicitly to third one. Applied articles: 11 LOPD
22/09/2011
RESOLUTION of the procedure of rights protection no. 27/2011, against the General Direction of Attention to the Childhood and to the Adolescence of the Department of Social Welfare and Family.
PT 27/2011
According to the nature of the treatment, the claimed entity can offer a fallback of consultation of the file. The law of access entails the right to obtain copies from the object documentation of treatment. However, its awarding can exclude those data from personal character that they can affect to the fundamental right to the protection of data of personal character of third, which will be able to be dissociated by the claimed entity. Applied articles: 15 LOPD; 23, 25 to 30 RLOPD; 53 L 26/10; 30, 100, 117 L14/10; 45 L 12/07;13 L21/00
22/09/2011
RESOLUTION of the sanctionative procedure no. PS 28/2011, referring to the Town Council of Vilanova i la Geltrú.
PS 28/2011
The treatment of particulars on the part of a town council without conceding the information that foresees the article 5.4 of the LOPD when the data have not been collected of the person concerned, he declares constitutive of severe offense. Likewise a municipal society is stated that the town council has treated particulars of il·licita way since he has ordered the rendering of services, that it implies the access and data processing contained in the files of the town council without formalizing the corresponding contract of treatment person in charge in a previous way. Applied articles: Articles 5.4, 12, 44.2.d), 44.2.a) and 44.3.I) of the LOPD,
22/09/2011
Total number of pages: 365