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870 results were found
Installing cameras in the control of access to centres managed by a public company
CNS 31/2022
It can be concluded from the information provided that the company would not be legitimate to install the intended surveillance system as it would involve capturing images of the public road. In the event that the collection of images within the facilities managed is limited, in order to evaluate the suitability to the right of processing, this Authority should have a Memory, in the terms of Article 10 of the 1/2009 Instruction, which describes in detail the characteristics of the processing that is intended to be carried out, the necessary weighting is carried out in order to be able to apply the legal authorisation based on the legitimate interest (Art. 6.1.f) GDPR) and which allows the proportionality of the data being processed and the scope of the processing intended to be carried out, in addition to the other extremes required by Article 10 of the 1/2009 Instruction.
03/11/2022
Communication of pseudonymized patient data in the pharmaceutical laboratory providing medication
CNS 28/2022
The hospital could communicate pseudonymized data relating to the health of patients treated with medicines for compassionate use in the pharmaceutical laboratory that facilitates the drug for clinical research purposes (Article 9.2.j) GDPR and paragraph 2.d) of DA 17a LOPDGDD) on the basis of the legitimate interest pursued by the laboratory.
02/11/2022
Access to personal data of officials of the Parliament of Catalonia
CNS 27/2022
To determine that we are dealing with positions of special responsibility, we need to address the uniqueness of the workplace according to the functions attributed to it, the hierarchical dependency, the command functions that it has, its form of provision, etc., in accordance with the civil service regulations and the configuration of the workplace that the corresponding public entity makes. In order to determine whether a job has a high level of remuneration, consideration must be given to the salaries established for the different jobs within the public entity where it is located. In any case, in the weighting provided for in Article 24.2 of LTC both circumstances must be assessed jointly and not in isolation. Data protection regulations would not prevent access to the remuneration received and the situation of having requested or having the so-called age licence with regard to officials in Parliament who hold posts of lawyer or financial controller when they hold the posts of secretary-general, major lawyer, auditor of accounts or with regard to those in positions of trust, special responsibility or free designation of the organisation. From the point of view of data protection regulations, the resolution recognising the journalist's right of access must warn that the subsequent processing of the information obtained must respect data protection rules, but this does not exclude the freedom of information from the dissemination of certain information. The right of access to information is not limited in time. In this case, the degree of interference for the affected persons tends to be lower if it refers to periods beyond the last five years.
20/10/2022
Appointment of a collegiate body as Data Protection Officer
CNS 29/2022
In the case of the examining body of the consulting entity, the designation of a collegiate body as a data protection officer would not be contrary to the provisions established in the GDPR and the LOPDGDD. In any case, it must be ensured that its members demonstrate the professional skills required and that no situation occurs in which a conflict of interest arises.
19/10/2022
Recording and broadcasting of sports competitions in the municipality
CNS 26/2022
The capture, recording and diffusion of images of natural persons identified or identifiable in the municipal pavilion constitutes a processing of personal data subject to the principles and obligations of the GPD, which could be permissible for the effects of Article 6.1.f) GDPR, provided that specific guarantees are applied, specifically, in relation to the duty of information and the principle of minimisation. The responsibilities of the intervening subjects should be clarified in order to determine who is responsible for treatment, as well as the justification of the use of mechanisms based on artificial intelligence.
13/10/2022
A parent's access to information about their daughter's enrollment in university entrance exams
CNS 24/2022
In the case examined, the parent's access to the certificate certifying the status of a victim of gender violence of the other parent provided in the process of registering the common daughter in the PAU would be justified if it only contained the information relating to the existence of a situation of gender violence, the person who suffered it and the exemption derived from this circumstance.
16/09/2022
Publication of personal data in staff selection processes
CNS 25/2022
The publication of personal data in the recruitment process, regardless of the recruitment regime, must take into account data protection regulations. When Decree 28/1986 is applicable, it must publish the list of people admitted and excluded from the selection process, as well as the list of people approved in each test by scoring order and the final list of people approved by scoring order. With regard to the identification of the persons concerned, when the purpose of the publication is to provide general publicity and also when the notification is added to the persons concerned, the identification of the persons concerned must be done by name and surname by adding four random numeric figures from their national identity or equivalent document, according to the orientation to which reference has been made. However, in the case of excluded persons, it is sufficient to publish their identification number, without the name and surnames. In the case of people who are victims of gender violence, a non-decipherable code must be applied by third parties, to protect their identity.
16/09/2022
Implementation of a register for civil protection actions in emergency situations
CNS 22/2022
The City Council could create a register of the residents of the municipality who, given the concurrence of certain circumstances, would require a quick action by the civil protection forces in emergency situations. The use of data from the Register for this purpose would be compatible, but the incorporation of information relating to people's health would require their explicit consent.
08/09/2022
- SECTORIAL AREA
- Municipal Population Register
- Civil protection
- PERSONAL DATA
- Sensitive data
- Health data
- ENTITIES
- Public administration
- Local administration
- Council
- OBLIGATIONS
- Impact assessment
- PRINCIPLES
- Purpose limitation principle
- Lawfulness principle
- Consent
- In the public interest or in the exercise of official authority
Possibility of communicating the identification data of the workers affected by the claim presented by the users of the railway service
CNS 19/2022
The entity formulating the query can communicate the first and last names and the position or category of the workers referred to in the query (of station agents, auditors, machinists and staff of own offices who provide their services in the stations, trains and facilities, in a labor regime) at the request of people using the service who have submitted a claim against them. This communication would be authorized in article 6.1.c) RGPD in relation to the LTC. In the case of groups that require protection for security reasons, the communication should only include the professional identification number. The entity should inform the affected person that their data has been requested by a user before providing them with the information so that, if applicable, they can allege the personal circumstances on which the request is based their opposition to access. This, unless he had previously been informed about the possibility of these transfers, in accordance with the provisions of article 70.4 RLTC.
23/08/2022
Capturing images for the purpose of maritime rescue
CNS 18/2022
The data protection representative of a town hall requests that the Authority issue an opinion on the legal feasibility and legitimacy of recording images of people at sea for the development of a software and subsequently to implement a system consisting in the real-time capture of images of the beaches (without recording) with the purpose of serving as support in maritime rescue tasks. Current regulations do not give the City Council sufficient authority to implement video surveillance systems that involve the capture of images of identifiable physical persons in the bathing areas of the beaches for the purpose set out in the consultation.
23/08/2022
Total number of pages: 87