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RESOLUTION of the procedure of rights protection no. 41/2012, urged by mister XXX against the Regional Government of Lleida
PT 41/2012
The claim of cancellation is loved for not having given answer in the specified period to the effect. As for the background, the engraving of the voice to the session of the negotiating Board in order to write up the corresponding minutes is a treatment subjected to the LOPD, with independence of itself this datum is or not incorporated into a file. It is considered adjusted to law to preserve the engraving until it is written up and the minutes are approved. Applied articles: Art. 2.1, 16 LOPD, 31.2 and 32.2 RLOPD, 15.2.b Law 26/2010
31/10/2012
RESOLUTION of the procedure of rights protection no. 42/2012, urged by madam XXX against the Regional Government of Lleida
PT 42/2012
The claim of cancellation is loved for not having given answer in the specified period to the effect. As for the background, the engraving of the voice to the session of the negotiating Board in order to write up the corresponding minutes is a treatment subjected to the LOPD, with independence of itself this datum is or not incorporated into a file. It is considered adjusted to law to preserve the engraving until it is written up and the minutes are approved. Applied articles: Art. 2.1, 16 LOPD, 31.2 and 32.2 RLOPD, 15.2.b Law 26/2010
31/10/2012
RESOLUTION of the procedure of rights protection no. 26/2012, urged by Mr. XXX and madam XXX against the Local Council of the Montsià.
PT 26/2012
The request of a juridical report in the APDCAT does not suspend of the rights of access, cancellation rectification and opposition the deadline to solve the request of exercise. The fact that in the object information of access personal information referring to third parties is evident for yes same is not sufficient reason to prevent the effectiveness upward from access. Applied articles: 15 LOPD; 27, 29 and 30 RLOPD; 42.5 Law 30/1992
18/10/2012
RESOLUTION of the procedure of rights protection no. 28/2012, urged by madam XXX against the Town Council of Molins de Rei
PT 28/2012
The claim of protection of the opposition law from a formal optics not to solve the request is estimated in the deadline of 10 days, and also as for the background, since the course of the deadlines of contestation of the events of the selective process communicated across the municipal web is a motive legitimate and set up to oppose to this diffusion. Applied articles: Art. 4, 6.4 and 11.2.a) LOPD, 59.6.b) LRJPAC and 12 of the Law 11/2007
18/10/2012
RESOLUTION of the procedure of rights protection no. 12/2012, urged by madam XXX against the Town Council of Barcelona.
PT 12/2012
The deadline that it has the responsible for the file to solve the request of cancellation and to notify it is from ten days from the presentation of the request: the claim of protection is loved since the Town Council solved the request in the deadline of ten days, but the notification was produced once this had run out. Regarding the background of the claim of protection, the cancellation of the relative data proceeds to the person claiming collections for a Town Council on the occasion of the presumed breach of a municipal ordinance (data especially proteges), since this collection and posterior treatments were made without having not even the express consent of the person affected, nor with legal habilitation. This cancellation will not proceed, however, in those cases in which the treatment of the data of the complaining person has caused an administrative event that is impugnable in administrative or judicial way. Applied articles: 16 i18 LOPD; 31, 32 and 33 RLOPD; 58, 59 and 61 Law 30/1992
28/09/2012
RESOLUTION of the procedure of rights protection no. 13/2012, urged by madam XXX against the Town Council of Barcelona.
PT 13/2012
The deadline that it has the responsible for the file to solve the request of cancellation and to notify it is from ten days from the presentation of the request: the claim of protection is loved since the Town Council solved the request in the deadline of ten days, but the notification was produced once this had run out. Regarding the background of the claim of protection, the cancellation of the relative data proceeds to the person claiming collections for a Town Council on the occasion of the presumed breach of a municipal ordinance (data especially proteges), since this collection and posterior treatments were made without having not even the express consent of the person affected, nor with legal habilitation. This cancellation will not proceed, however, in those cases in which the treatment of the data of the complaining person has caused an administrative event that is impugnable in administrative or judicial way. Applied articles: 16 i18 LOPD; 31, 32 and 33 RLOPD; 58, 59 and 61 Law 30/1992
28/09/2012
RESOLUTION of the procedure of rights protection no. 15/2012, urged by Mr. XXX against the Town Council of l'Hospitalet de Llobregat.
PT 15/2012
The request of exercise from access has to be solved upward and notify, meter from the date of entry in the register of the competent organ, in the deadline of a month even if the particulars which is intended to be accessed have been canceled. Applied articles: 15LOPD, 29 RLOPD, 13 and 17 Instruction 1/2009
28/09/2012
RESOLUTION of the procedure of rights protection no. 2/2012, urged by Mr. XXX against the Department of Social Welfare and Family of the Generalitat de Catalunya.
PT 2/2012
Of the contents of the directed writings it was inferred by the person affected in the Department that he exercised the right of access to relative information to its person, and answer was not given in the deadline of a month. As for the background, the affected one had the right to accessing its particulars, with independence of itself it was information that it figured in reports in which it did not have the condition of interested, and without harm of concealing the data concerning other persons. However the former one, the law of access will not be able to be made cash if the information has been destroyed according to the foreseen one to the Law 10/2001, of archives and documents. Applied articles: Art. 15 LOPD; 27.3 RLOPD; art. 9 Law 10/2001
13/09/2012
RESOLUTION of the procedure of rights protection no. 11/2012, urged by XXX against the Town Council of Pallejà.
PT 11/2012
Rejection of the present protection of rights, since the request of previous rectification before the responsible for the file, formulated by a juridical person, could not be considered made under protection of the LOPD applied Articles: article 1, 3rd, 16 LOPD, 23 RLOPD and 105.2 LRJPAC
26/07/2012
RESOLUTION of the procedure of rights protection no. 10/2012, urged by XXX against the Town Council of Pallejà.
PT 10/2012
The request of exercise from access has to be solved upward and notify, meter from the date of entry in the register of the competent organ, in the deadline of a month. Applied articles: Art. 15 LOPD and 29 RLOPD
01/06/2012
Total number of pages: 71