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Adaptation to the data protection regulations of a tax requirement in housing matters
CNS 41/2022
The regulations on the protection of personal data would enable, for the purpose of tax management, the communication of data with tax significance to the Tax Administration through a procedure to request the information, in each specific case, when it refers to a specific person or set of people, such as creating a specific mailbox to address requests. On the other hand, in the absence of a general provision establishing this, the regulations would not enable the periodic supply of information. In cases where the protection regulations enable the communication of data, it is not necessary to inform the people affected by the communication to the Tax Administration, in accordance with what is set out. With regard to communication with the aim of improving annual market forecasts and studies, and to complement the information system on the market, it will be necessary to be aware of the provisions of the additional provision of the Tax Code of Catalonia.
09/01/2023
Installation of video surveillance cameras in the classrooms of municipal kindergartens
CNS 37/2022
The installation of a video surveillance system inside the classrooms of municipal kindergartens could be proportionate in the face of reasonable indications of the possible commission of a serious illegal act by a person working any of the children, exceptionally and for a limited time, and provided that information is provided in accordance with article 89 of the LOPDGDD. The person in charge, however, would not have sufficient legitimacy to install this system so that parents and/or legal guardians can view live images of the activities carried out by their children.
22/12/2022
- SECTORIAL AREA
- Education
- PERSONAL DATA
- Child data
- Employees' data
- Image
- FUNDAMENTAL RIGHTS
- Rights of honour, privacy and self-image
- HABEAS DATA RIGHTS
- Right of information
- ENTITIES
- Public administration
- Local administration
- Council
- OBLIGATIONS
- Impact assessment
- PRINCIPLES
- Lawfulness principle
- Consent
- In the public interest or in the exercise of official authority
- Data minimization principle
- VIDEO SURVEILLANCE
Communication of data from the Municipal Register of Inhabitants to a councillor
CNS 35/2022
The councilors' access to personal data included in the Municipal Register of Inhabitants may be enabled when, taking into account the specific purposes of the Register, access is necessary and provided for the development of the control functions of the activities of the municipal corporation, or other functions that may be attributed to the councilor, in the terms provided for in the LRBRL. It is not justified for the councilor to access the municipal register of inhabitants to configure the electoral program of the municipal group in relation to the tax ordinances, to perform the relevant calculations, identifying the people who are registered there.
16/12/2022
Communication of information by a school on activities organised by third parties
CNS 38/2022
The Foundation's communication to families and students aged over 14 years of information on activities of external entities may have sufficient legal basis in the legitimate interest (art. 6.1.f) GDPR), provided that it refers to activities or entities linked to or related to the nature of the Foundation's schools, and provided that the Foundation applies the specific guarantees set out in the V Legal Foundation of this opinion.
15/12/2022
Advertising of the identification of persons who sign the collaboration and cooperation agreements of the Government of Catalonia
CNS 40/2022
The transparency regulation lays down the minimum content to be disseminated in respect of the partnership agreements by limiting it, as regards personal data, to information on the name and surname of persons acting on behalf of the parties that sign them.
12/12/2022
Policy for the use of the information and communication systems of a city council
CNS 36/2022
The municipal policy for the use of digital information systems and devices must cover clear rules on the management to be made of the personalised corporate email account, and on the access to the information contained in it, both for the purpose of ceasing the employment relationship and in the event of temporary absence of the worker. It must also include specific provisions regarding the proper use of information systems by its staff and the control that the City Council can make of them to ensure their safety and good functioning. With regard to requests for access to and copying of e-mails by ex-workers, the observations made in this opinion must be taken into account.
12/12/2022
Internet publication of the minutes of the Plenum of the City Council and the municipal godfather of inhabitants
CNS 34/2022
Personal data protection regulations do not prevent the dissemination of information relating to deceased persons. The minutes of the plenary sessions, with regard to the acts discussed, must be published in the electronic headquarters of the City Council without including specially protected data categories, or affecting honour or privacy or requiring special protection. In this case, the consent of those concerned should be made available so that the minutes can be disseminated, or the information anonymized should be disseminated. After 30 years, the provisions of Article 36 of Law 10/2001 may come into play. There is no legal basis for the dissemination, with a general scope, of the information contained in the municipal godparents of inhabitants on the city council website, without prejudice to the dissemination of the anonymized information of the godfather.
02/12/2022
Prior consultation regarding the impact assessment for the installation of video surveillance cameras on the uniforms of workers in the blue zone
CNSP 1/2022
The treatment that is the object of the AIPD presented would go against what is established by the RGPD, given that the person responsible for the treatment does not have a legal basis that legitimizes video surveillance on public roads.
16/11/2022
Installation of video surveillance cameras in city hall heritage buildings
CNS 32/2022
The installation of a video surveillance system in municipal property buildings intended for social rental could have as its legal basis Article 6.1.e of the GDPR, justified in the competences attributed to municipalities by local regulation and housing regulations in the field of social housing and Article 22.1 of the LOPDGDD, insofar as the system of video surveillance cameras is installed in enclosed and delimited spaces and is intended to preserve the safety of persons and goods, as well as their facilities. The controller must draw up a Memory, in the terms of Article 10 of the Instruction 1/2009, which describes in detail the characteristics of the treatment to be carried out and the weighting required to determine whether the measure exceeds the proportionality judgment. If the measure goes beyond the proportionality judgment, the city council could instruct the local police to control the cameras of the video surveillance system.
10/11/2022
Legitimation for the treatment of the name meaning in relation to certain groups
CNS 30/2022
Since the regulation urges the Public Administration to facilitate the use of the "sense name" by trans persons (art. 23.1 Law 11/2014), the processing of this data is not excessive for the purposes of the principle of minimisation, and may be lawful if carried out on the legal basis of the consent of the person concerned. Treatment of the "sense name", as identifying data relating to a natural person's gender identity or expression, does not, in principle, involve processing data from special categories. The identification information of the person concerned must also be dealt with in official documents (DNI/NIE or passport), in order to ensure the identification and, among other things, the principle of the accuracy of the information and its traceability.
10/11/2022
Total number of pages: 87