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RESOLUTION OF ARCHIVE of the previous information no. 90/2007, referring to the Town Council of Argentona.
IP 90/2007
The use of the data of the Census of inhabitants for the exercise of own competences of the Town Council (civic participation in a matter of municipal interest) and in a case in which the residence or the address has significance, does not constitute a use with an incompatible purpose. Only the data that are suitable, pertinent and non excessive can be used. Applied articles: 4 of the LOPD; 16, 17, 18 and 69 of the Law 7/1985; 39, 66 and 154 of the legislative Decree 2/2003; 86 of the Law 30/1992; 8 of the legislative Decree 1/2005.
29/12/2008
RESOLUTION of the sanctionative procedure no. 5/2008 referring to the Secretary's Office of Relations with the Administration of Justice of the Department of Justice of the Generalitat de Catalunya.
PS 5/2008
Allowing particulars the access especially protected through public networks (peer tone peer ó 2P2) harms the duty of secret in which they find the responsible for the file and those that intervene in any phase of the treatment subjected and is constitutive of a severe offense. On the other hand, not to implement the safety measures in an effective way is constitutive of a severe offense. To the last one, the collection and data processing personal without approving the corresponding general disposal of creation of the file is constitutive of a severe offense. Applied articles: 9, 10, 20, 44.3.a, 44.3.h, 44.4.b of the LOPD; 6, 9, 13, 17, 20 of the RD 994/1999.
06/11/2008
Legality of giving advertising to the contents of the cards of the Register of Interests
CNS 16/2008
The data of the municipal Register of Interests can constitute data of personal character and the principles and guarantees of the legislation of data protection therefore result from application. Taking into account the general regime of communication of data of the LOPD (article 11), it does not seem that there is a rule with rank of law that he fits out with general character a publication of the data of the Register of Interests in a bulletin municipal, without having the consent of the headline of the data, out of the expressly foreseen suppositions of access to the data in favor of the members of the corporation and of the persons that prove an interest legitimate and direct, and therefore to spread the data of form generalized it would work out contrary to the forecasts of the LOPD.
01/01/2008
Need to include a warning related to the recording of telephone calls on the part of the local police
CNS 17/2008
The file of calls carried out recording to the local police of a town, is subjected to the LOPD. Regarding the exclusion from the fulfillment of the duty of informing (article 5 LOPD), it can only be produced by the concurrence of an affectation for the National Defense, the public safety or the persecution of penal, but non administrative offenses (art. 24.1 LOPD), taking the STC 292 /2000 into account. In relation to the calls made to the local police, is only been able excepcionar the duty of informing when the purpose is the exercise of functions of the local police directly and precisely linked to the public safety or the persecution of penal offenses. In any other case, for the rest of made calls, it is necessary to the duty to give fulfillment of informing in the terms established by the LOPD.
01/01/2008
Elaboration and publication of the particulars of the electoral roll corresponding to union elections
CNS 18/2008
It is legitimate that the competent organ collects the particulars consistent in the name and surnames, the DNI (or NIF), the date since birth and the antique of the workers of an electoral unit for the celebration of elections in the organs of representation of the workers to the Public Administrations. However, from the point of view of the regulations of data protection, is considered that the publication of the data consistent in the DNI (or NIF), the date since birth and the antique of these workers in the board of advertisements of the corresponding electoral unit can harm the right to the protection of particulars of the voters, since these data are not necessary for the fulfillment of the first purpose of the publication of the lists of voters, that it is not another than knowledge if a civil servant considers himself or not voter.
01/01/2008
Access to the data of the municipal census on the part of a Department of a Town Council to spread a program of formation.
CNS 19/2008
The municipal census of inhabitants is a register that is configured like a data base of personal character, and therefore the organic Law 15/1999, of 13 December, is to him of application of Protection of personal character data, and therefore it will be necessary to take into account the principles and disposals that restrain themselves in this rule, besides what orders the applicable sectorial regulations. The Department of the Town Council, in exercise of its functions, is legitimated to access data of the municipal census. In the writings through which it spreads the formative program has to give fulfillment to the duty of information of the article 5 of the LOPD to itself.
01/01/2008
Cession of university teachers data at a professional school to control the fulfillment of the regime of incompatibilities.
CNS 20/2008
The university can access the particulars of the school where the teachers ascribed to the university are registered in the professional association, related to the name and surnames of the ones registered in the professional association and its situation of professional exercise, since the listing of professionals registered in the professional association where these are published is a source accessible to the public. The school can communicate to the university the consistent datum in if requests of visa of certain professional works on the part of teachers with dedication in time complete have been formulated, without the need for requiring the previous consent of these teachers, if it is necessary for the control of the fulfillment of the regulations about incompatibilities.
01/01/2008
Installation of electronic cashiers to carry out some administrative formalities, among others the obtaining of steering wheels of census
CNS 21/2008
The utilization of electronic terminals that allow to obtain steering wheels from census directly for the citizens constitutes a service of electronic administration the admissibility of which in principle would not bring up problems from the point of view of the regulations of data protection, whenever the measures adapted to their using this service to guarantee the identification and authentication of the persons are adopted. In this sense the utilization of systems based on the electronic DNI or other systems of advanced electronic signature is recommended. The nature of the treated data attended to, an identification system based on an identificatiu user and a password previously could also be admissible conceded by the Town Council.
01/01/2008
Possibility to publish the minutes of the Plenum and of the Executive Council on the municipal web
CNS 3/2008
The publication of sessions events on the web that data of personal character do not contain, or when these limit themselves to the data of the town councilors and the civil servants who intervene in it due to its charge people do not see 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 undergoes the LOPD. Events of the Executive Council: the sessions are not public and the access to the minutes is only possible for persons legitimated in accordance with the LRJPAC; events of the plenum: the sessions are public but of this it cannot become detached that the minutes of the sessions can be spread on the web. It will be necessary that a law fits it out (art. 11 LOPD).
01/01/2008
Publication on municipal web of the minutes of sessions of the Plenum and of the agreement signed with a company
CNS 4/2008
The publication of sessions events on the web that data of personal character do not contain 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, does not see 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 of the LOPD. Regarding the diffusion of the agreement with particulars different to those of the persons who sign it, it can only be published if there is specific legal coverage and whenever there is not another more respectful means with the protection of data.
01/01/2008
Total number of pages: 365