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3,648 results were found
Communication to the relatives of a deceased lawyer of the key codes of an electronic mail account facilitated by the School to the lawyer
CNS 35/2010
Access to the electronic mail account of a deceased lawyer lodged in the server of a professional School, where data subjected to professional secrecy can figure. To lack of any forecast about the fate of the data, is recommended that the persons implicated, unanimously, or the same professional School, office and the rest of the information designate a person, subjected to the professional secrecy and under a commitment to confidentiality, so that it sorts out the information that is part from the professional activity of the deceased, who should be given to the partners that it has to be given to the heirs. Case that this is not possible, the remittent persons is recommended to return the Post Office received from the last access to the electronic mail account.
01/01/2010
Criteria of performance in a Town Council regarding the management and the procedure of the correspondence
CNS 36/2010
The fulfillment of the principles and duties to the LOPD, especially the regime applicable to the sensitive data, has to govern the management and the procedure of the particulars on the part of the OAC, independently of whom the physical person is addressee. The OAC having access is legitimate to the data that identify the emitter and the addressee of a document or writing, as well as to the particulars included in the documentation, in order to proceed to its register and procedure, in the terms of Law 30/1992. However, the Judgement makes nuances with respect to the mail that could qualify itself as "private", especially regarding the writings addressed to the mayor, to the town councilors or to the municipal groups. Among others, the consistent option in which the OAC does not open the mayor or the town councilors the addressed mail, leaves it in the corresponding mailbox and the addressee is the one that, in case the document has relation with municipal performances of competence, sends it to the OAC for its register, it adapts to the regulations of protection of particulars. These considerations can be extensible in the mail addressed to the municipal Groups.
01/01/2010
Cession of particulars in a company lender of the service of supply of potable water
CNS 37/2010
The Town Council is legitimated for communicating the datum NIF of the persons subscribed by the municipal service of supply of water in the service of supply of water contained in the Census of Inhabitants, in the supplying company, so that this manages the payment of the rate, just in the case that the consent is counted of the the affected persons (art. 11 LOPD). On the other hand, the Town Council is legitimated for communicating the datum NIF of the persons subscribed in the service of supply of water contained in the file of the Tax about Real Estate, in the supplying company, so that this manages the payment of nature income tributary, in accordance with what establishes the article 95 of the LGT, whenever the Town Council has established a contract of order of the treatment with the dealer company (art. 12 LOPD).
01/01/2010
- SECTORIAL AREA
- Water supply
- Municipal Population Register
- Public services
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Local administration
- Council
- Data processor
- PERSONAL DATA
- PERSONAL DATA
- Identification data
- National Identity Document
- DATA PROCESSOR
- ENTITIES
- Public administration
- Local administration
- Council
- Concessionaires
Access of the town councilors to the register of entries and exits of the Town Council and other documents, and limits to the utilization of the data
CNS 38/2010
The access to the data of personal character contained in the register of entry and exit of documents of a Town Council, on the part of town councilors of the corporation, will be legitimate if he limits itself to the data necessary for the exercise of the functions that attributed and they can only use themselves for the fulfillment of the determinate, explicit and legitimate purpose that has generated the access to the data, in this case, the necessary development of the functions that correspond to the town councilors who make the request of information.
01/01/2010
Possibility of publication of determinate particulars in the board of advertisements
CNS 39/2010
The publication of the data FULL number and calculation of extraordinary hours carried out and/or pending of compensation in the board of the dependences police to control its correct award constitutes a cession of particulars. In so far as the valid juridical ordering does not foresee its advertising, the diffusion of this information will only be possible if the consent of the affected ones is counted or if it is carried out in a dissociated way. The dissociation, in this case, would entail only publishing a listing with the extraordinary times together with a numeric code assigned randomly to each local policeman. This code should keep in each publication to allow the control of the assigned times.
01/01/2010
Communication to a citizen of determinate documents that are part of an administrative report
CNS 41/2010
From the prospect of the protection of data it is considered that the access to the environmental information that contains particulars will have to be seen restricted or limited, in any case, when an affectation for the data implies that they have to require confidentiality or for those in which the juridical ordering already establishes a special reservation. To concede the access to the documentation previously it will be necessary to analyze the typology of the included data, the purpose for which they treat themselves, the regime of applicable protection, like this how to consider the public interest given with its divulging with the interest given with its denial. If it is inferred that it is possible to attain the purpose pursued with the access without facilitating particulars it will be necessary to the report to anonymize the acting documentation.
01/01/2010
Communication of data on the part of an Association bound for third countries
CNS 16/2010
Any communication of data of the Association bound for the territory of other countries, out of the frame of the EU and the European Economic Space, has to take into account the regime applicable to the international transfers from data (TID), foreseen in articles 33 and 34 LOPD, especially, if it is proper, the previous authorization of the Spanish Agency of Protection of Data. The communication of data in relation to the awarding of scholarships and helps, if there is previous and unambiguous consent of the headline of the data (article 34.e) of the LOPD), or if it is proper, if the TID is necessary for the achievement of contracts among the Association and the headline of the data or between the Association and third (article 34, f sections) and g), respectively), it could be produced without requiring previous authorization.
01/01/2010
Data processing personal carried out by the instrumental entities of a Town Council
CNS 17/2010
The communication of data between a Town Council and an instrumental entity has to undergo the general regime established in the LOPD (articles 11 and 21). In the suppositions in which it is not ordered of habilitation in accordance with these articles, the access to particulars that are treated under the responsibility of the Town Council on the part of an instrumental entity, through the formalization of an order of the treatment (article 12 of the LOPD), can be legitimated. It is insufficient to the effects of formalizing an order of the treatment, the substitution of the foreseen contract in the article 12 quoted by other types of instructions and orders given to the instrumental entity by the responsible, since these do not fit to the demands of the foreseen regime in the LOPD for the figure of the person in charge of the treatment, that an agreement of wills requires.
01/01/2010
Realization of statistical and epidemiological studies about morbidity in professional collectives
CNS 18/2010
The communication of health data for the realization of a study among public administrations has to undergo the regime established in the LOPD (article 11.2.f) and to the legislation about health governmental or autonomic. The communication of these data requires a previous procedure from anonimització (article 11.3 of the Law 21/2000, of 29 December). The Service of Occupational Risk Prevention will be able to receive the data resulting from the study to adopt decisions of collective level that allow to improve the working conditions. The contribution of technical support to the assignor administration on the part of the assign administration, which means an access to the data of health, requires the contract of order of the treatment (article 12 of the LOPD).
01/01/2010
Communication of owners data of pets to the competent Administration
CNS 19/2010
The general Register of pets is constituted by the data set of identification of the municipal censuses of pets in which only the cats are registered, dogs and the polecats. The regulations fit out the communication of data, previous requirement for the Administration, on the part of the veterinarians with respect to the animals that they vaccinate or treat with compulsory character. In case the activity of a Council of professional Schools is configured like private activity, the communication of data on the part of the Council to the Administration has to have the consent of the affected ones or the corresponding legal habilitation.
01/01/2010
- SECTORIAL AREA
- Environment
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Corporate administration
- Professional associations
- Data processor
- DATA PROCESSOR
- ENTITIES
- Public administration
- Autonomous community administration
- Corporate administration
- Professional associations
Total number of pages: 365