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3,647 results were found
Incorporation of disabled persons data in the Catalog of data and electronic documents
CNS 32/2009
The incorporation of particulars about disabled in the Catalog of Data and Electronic Documents for his put at the disposal of the interested public administrations it constitutes a communication of data. Consequently, so that the communication of data is legitimate it will be necessary to analyze if the express consent is counted on, habilitation is counted in accordance with the article 21 LOPD, or if there is a law that fits out the cession. In case the consent is necessary, this will have to be conceded expressly, in accordance with the article 7.3 LOPD. In any case, the determination of the particulars that can be an object of communication and of posterior treatments will have to respect the principle of quality of the data, ex article 4 LOPD and to guarantee the confidentiality of the data through the application of the suitable safety measures, which in this case will be of high level.
01/01/2009
- SECTORIAL AREA
- E-administration
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- PERSONAL DATA
- Sensitive data
- Health data
- ENTITIES
- Public administration
- Autonomous community administration
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- Quality principle
Cession of data of the relatives of minors given in a hospital, to requirement for the public administration
CNS 1/2009
The possibility of a hospital being able to hand over, requirement for the competent public administration on the subject of protection of minors, data of the relatives of the given minors is brought up. The regulations about protection of the minors allow all the information that is pertinent, including the one related to the environment family of the minor, to consider that the competent public administration has legal habilitation to access. Even so, the indiscriminate or generalized access to all data of the relative of the minor of which he orders the hospital, contrary at the beginning of quality (article 4 of the LOPD) could work out, since any access to the data has to be proportionate. Therefore, it is advisable that the hospital carries out a previous exercise of ponderation, and values, out of all the information which it has about the relative of the minor, which of this information can be relevant for the fulfillment of the legitimate purpose of informing about the situation of risk of the minor.
01/01/2009
Legitimation of a town council to access particulars of its workers and that they find on being able of another administration
CNS 2/2009
Access on the part of a town council to relative particulars to the coverage of the provision of sanitary assistance through the General Regime of the Social Security of its workers and of the beneficiaries for these. The managing public entity of the benefits of the public sanitary system in Catalonia jar, in exercise of its functions of business agent of these benefits, to communicate or to hand over to a town council the consistent particulars in the membership or not to the General Regime of the Social Security of the civil servant persons of this town council or of the persons that are from it beneficiaries, in order to fight against the fraud in the perception of incompatible benefits in the different regimes of the system of the Social Security. The town council can communicate this managing entity the mentioned particulars in order to comply with its duties on the subject of Social Security.
01/01/2009
Utilization of particulars on the part of a municipal town councilor
CNS 3/2009
Doubts are brought up about the possible utilization on the part of a town councilor of identificatives data of determinate persons who have been given of casualty of the municipal census of inhabitants. The right of access to the information exercised by the town councilors has limitations, but a limitation a priori and with general character, with respect to the particulars in those that can access, does not fit to the regulations about law of access nor is exigible from the prospect of the protection of data. The posterior utilization of the particulars, obtained legitimately by the town councilor, has to found in a determinate, explicit and legitimate purpose. The legitimate access does not fit out another purpose that differs to use the data for any or cannot be considered subsumible in the first purpose and legitimate that founds the treatment. A change of purpose will require to have the consent of the persons concerned or with a habilitation legal.
01/01/2009
Cession of data that can develop the religion or the personal beliefs
CNS 4/2009
Cession among public administrations of particulars that can develop the religion or the beliefs of the affected persons. The data processing that can develop the religion or the beliefs of the affected persons requires in any case the previous, express consent and in writing of the same ones, ex article 7.2 LOPD.Si well in two concrete suppositions it goes to a special conclusion, it is necessary to be to the general rule according to which, when treats itself of communications for purposes non foreseen in the moment of the obtaining of the consent in the collection of the data the communication of data will require the express consent and in writing or the previous anonimització.
01/01/2009
Request of information that a deputy of the Parlament de Catalunya formulates to a Public Administration
CNS 5/2009
A deputy of the Parliament sol•licita to have access to the data contained in the reports related to reports of protection of minors. It is necessary to make the law of access of the deputies to the information of which he orders the public administration, with the protection of particulars, compatible. The Regulations of the Parlament de Catalunya constitute, the legal habilitation necessary for the cession of the data without the consent of the persons concerned, with general character without harm of the fulfillment of the principles and foreseen duties in the LOPD. Since the reports include data especially protected or sensitive, it is considered exigible in this case to dissociate or to anonymize the information in a way previous to the communication to the deputies of the Parliament, in order to not allow the identificabilitat of concrete physical persons. It will be necessary also to determine the concrete system of coding or anonimització and the concrete way of giving access to the information.
01/01/2009
Data processing for a mercantile entity adjudicator of a service of a public entity
CNS 6/2009
The mercantile entity adjudicator of a social service of telephonic attention has the condition of person in charge of the treatment if it does not decide about the purpose, contents and use of the treatment and like this it is indicated in the administrative contract that it is formalized for the provision of the service, following the forecasts of the article 12.2 of the LOPD. Otherwise, he will be considered responsible for the treatment. The fulfillment of the duty of information corresponds to the mercantile entity with character previous to the recording of the telephonic conversation. In case calls of emergency are produced the exception of the duty could always operate for information for its linking to the public safety (article 24.1 of the LOPD) and when the data processing personal it keeps in the margins of the determinate, explicit and legitimate purpose for which the data have been obtained.
01/01/2009
Creation and modification of files of a private University linked to the exercise of public functions
CNS 7/2009
Creation and modification of the files of a private University linked to the exercise of public functions. All the created files by the titular Foundation of a private university that is part of the university system of Catalonia are considered private files, ex article 5.1.l) of the RLOPD, for which the applicable juridical regime is the foreseen one in the chapter II of the LOPD (arts. 25 to 32), as well as, regarding the notification and inscription of the files, in the chapter II of the title V of the RLOPD. The creation, modification or suppression of files will have to be made in accordance with the rules of organization and functioning of the University itself -the articles 20.1 LOPD and 52 RLOPD- not being applicable, and the files will have to be set in the Register of Data Protection of Catalonia.
01/01/2009
Creation and modification of files of private University linked to the exercise of public functions
CNS 8/2009
Creation and modification of the files of a private University linked to the exercise of public functions. All the created files by the titular Foundation of a private university that is part of the university system of Catalonia are considered private files, ex article 5.1.l) of the RLOPD, for which the applicable juridical regime is the foreseen one in the chapter II of the LOPD (arts. 25 to 32), as well as, regarding the notification and inscription of the files, in the chapter II of the title V of the RLOPD. The creation, modification or suppression of files will have to be made in accordance with the rules of organization and functioning of the University itself -the articles 20.1 LOPD and 52 RLOPD- not being applicable, and the files will have to be set in the Register of Data Protection of Catalonia.
01/01/2009
Implantation of hourly control system through digital imprint in a Public Administration
CNS 9/2009
Implantation of a system of hourly control through the digital imprint on the part of a public administration. The digital imprint has consideration of personal datum (art. 3 to) LOPD and 5.1 f) RLOPD). Its treatment is considered in agreement with the principles of proportionality and quality of the data (art. 4 LOPD), to be a suitable, pertinent and non excessive treatment in relation to the purpose of to control the fulfillment of the timetable of the workers, without necessary being to have its consent (art. 6.2 LOPD). However, it will be necessary to comply with the rest of principles and duties to the LOPD, especially, the duty of informing (art. 5 LOPD), the creation and inscription of the file (art. 20 LOPD) and the adoption of exigible safety measures, and if, the application of additional measures in attention to the nature of the treated information and the predictable risks, is proper.
01/01/2009
Total number of pages: 365