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3,647 results were found
Access to data of the municipal census of inhabitants on the part of the department of staff management of the Town Council itself
CNS 10/2009
Access to the data of the municipal census of inhabitants of a Town Council on the part of the department of staff management of the same Town Council. The municipal census of inhabitants is a register that is configured like a data base of personal character, and the LOPD is for him of application. It will be necessary to take the principles and disposals that restrain themselves in this rule into account. The department of staff of the Town Council, in exercise of its functions, it is legitimated for accessing the data of the municipal census with the purpose that motivates the consultation that it is that of accessing the datum of the address of a municipal worker in order to practice communications derived from the relation of services that it links it to the Town Council.
01/01/2009
Request of a citizen in order to obtain copies of the Property Register of Rústega of a town
CNS 11/2009
A citizen requests the obtaining of copies of the Estate Property Register of Rústega of the town. The data of the cadastral headlines that are physical persons, and that are evident to the Property Register, are data protected by the LOPD. To hand over particulars the consent of the headline is necessary, unless, among others, a law authorizes the cession. The Law of the Property Register establishes an access restricted to the treated data, and requires the consent of the headlines or the concurrence of suppositions rated in the law itself. The participation of the citizen as a witness in a notarial writing does not mean a sufficient legal habilitation, is then not a foreseen supposition to the Law of the Property Register. Therefore, the cession in this case is not protected by the LOPD, without harm of the possibility to resort to the consultation of other public Registers.
01/01/2009
Consideration of a private foundation, adjudicator of a public service, as a person in charge of the treatment
CNS 12/2009
Possible consideration of a private foundation, adjudicator of the rendering of services social, as a person in charge of the treatment and fulfillment of the duty of information. The private foundation would have the condition of person in charge of the treatment whenever it does not decide about the purpose, contents and use of the treatment and it is indicated in the administrative contract that it is formalized for the provision of the welfare services, and in the same contract the forecasts of the article 12.2 of the LOPD are collected. Otherwise, she will be considered responsible for the treatment. The fulfillment of the duty of information foreseen in the article 5 of the LOPD corresponds to the entity that collects the data of personal character and with character previous to the collection.
01/01/2009
Diffusion on the part of a professional school of reports and sanctionative resolutions of registered in the professional association
CNS 13/2009
With general character the diffusion of information related to the commission of administrative offenses and to the imposition of sanctions requires the consent of the affected person or a habilitation in a rule in rank of law. The valid ordering gives coverage for the communication of the sanctions imposed by the School when this information is required for a judicial organ or the Fiscal Ministry, and to communicate to the councils of bar associations and the rest of bar associations of the State the executive sanctions that imply disqualification or separation. In the rest of suppositions there is not legal habilitation that allows to give to the reports or to the resolutions sanctionative, nor for the publication of the sanctions advertising imposed, without harm that when a sanction of disqualification or of separation has been imposed, this circumstance has to cause to the exclusion from the lawyer affected of the list of professionals of the School, as long as the effects of the sanction last.
01/01/2009
- SECTORIAL AREA
- Administrative procedure
- Disciplinary procedure
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Corporate administration
- Professional associations
- PERSONAL DATA
- Sensitive data
- Administrative criminal offences
- ENTITIES
- Public administration
- Corporate administration
- Professional associations
- ACCESSIBLE SOURCES
Application of the LOPD to the data processing personal of the workers of a University
CNS 14/2009
The identificatives data of names and surnames, DNI and other identification numbers, are particulars protected by the LOPD. The information about the antique of a worker or about the job that it identifies direct or indirectly a worker, personal datum has to be considered. The communication of particulars has to be carried out in agreement the foreseen regime in the article 11 of the LOPD. The applicable normative frame foresees concrete suppositions of access to data of the workers on the part of the representatives of these, as the access to the basic copy of the contract, or the access to identificatives data and of the job occupied in the case of the civil servants, for demand of the principle of advertising. The representatives of the workers have access to the data of contact of the workers, once the one that orders the article 2.2 of the RLOPD has been attended to. A cession of all the particulars included in the listings of staff of the University that carries out the consultation is not foreseen, with general character.
01/01/2009
Application of the LOPD to the engraving of images in a ceremony-funeral on the part of the funereal company
CNS 15/2009
The engraving of images on the part of a public funereal company of the assistant persons to the ceremony-funeral, previous request of the family or the persons most next to the deceased person, in order to obtain a souvenir from the ceremony, is not subjected to the regulations of data protection for it being itself a matter of a catchment of images carried out in the exercise of activities exclusively staff or domestics.
01/01/2009
Communication of subscribers data in the service of supply of water of the part segregated from a town
CNS 33/2009
The communication of data of personal character related to the subscribers in the service of supply of water of the part segregated from the town that formulates the consultation, in the new town of which they have gone to being part, so that it can loan the mentioned service, it finds habilitation in the legislation of local regime as well as in the article 21 of the LOPD, for which it is necessary to the regulations of data protection to conclude that it is not contrary
01/01/2009
Adequacy to the protection of data of a project about violence domestic and of genre
CNS 35/2009
In the project of victims Register of domestic violence and of examined genre, several principles and duties to the LOPD have to be taken into account. The law requires that the purposes and the uses to which it is wanted fulfillment to be given, which are conditioned to be able to be made personal of the information by the treatment, are defined. It is necessary to specify and to specify the particulars that will be treated, especially the qualified ones as sensitive, and to foresee, in relation to the applicable sectorial regulations, in which cases it is necessary to collect the consent of the persons concerned. It is necessary to specify the informative flows that will be produced, as well as to create and to inscribe the corresponding files and to apply the safety measures of high level.
01/01/2009
- SECTORIAL AREA
- SECTORIAL AREA
- Social services
- TRANSFER OR DISCLOSURE OF DATA
- Public administration
- Autonomous community administration
- Local administration
- Council
- PERSONAL DATA
- Sensitive data
- Health data
- Administrative criminal offences
- Gender violence
- ENTITIES
- Public administration
- Autonomous community administration
- Local administration
- Council
- SECURITY MEASURES
- PRINCIPLES
- CATALAN DATA PROTECTION REGISTER
Possibility to publish the minutes of the Plenums municipal and of the Executive Councils in a complete way Local
CNS 36/2009
The publication of sessions events on the web that data do not contain of personal character, or when the particulars limit themselves to the data of the town councilors and the civil servants who intervene in it due to its charge, is not seen limited by the regulations of data protection. However, when the minutes include data of personal character, its publication constitutes a data processing personal and therefore he has to undergo the principles and guarantees established in the LOPD. Without harm of the advertising of the administrative events in those suppositions that is established by the pertinent legal regulations, the access to the minutes or the parts of the same ones that they contain data of personal character only is possible for persons legitimated in accordance with the LRJPAC and the applicable sectorial legislation.
01/01/2009
Cession of data of the municipal census of inhabitants in the dealer company of the supply of water
CNS 37/2009
The Town Council will only be able to facilitate the particulars of the municipal census of inhabitants to a company, if this acts as person in charge of the treatment of the particulars that are necessary for him to carry out the service of supply of potable water in this town, in the terms established in the article 12 of the LOPD and to the Additional Disposal 31ª of the LCSP, since the communication of the mentioned data will not have consideration of cession of particulars. In case the file created for the management of the service of supply of potable water is a titularity of the company of private titularity, that is, the Town Council will only be able to hand over these data to the company if it has the consent of the affected ones, since any legal habilitation has been able to be ascertained either in the legislation of local regime or in the LOPD itself that it authorizes to making this cession.
01/01/2009
Total number of pages: 365