Post by account_disabled on Mar 13, 2024 4:46:59 GMT
The TSJ emphasizes that, when in doubt, the criterion favorable to the admission of appeals must prevail . This flexibility when interpreting the rule is justified, according to the ruling of the Supreme Court that responded to the appeal 4808/2015, by the fact that, in the administrative procedure, the interested parties can act without legal assistance. For this reason, they cannot be “required to have complete knowledge of the legal-administrative regulations” and “overcoming and/or correcting formal defects in the presentation of their writings” must be encouraged .
Hence, the pro actione principle is emphasized DJ USA and an attempt is made to give the administrative challenge the appropriate channel for its definitive examination and resolution over and above formal deficiencies in its qualification.” And the intention of the rule is to guarantee effective judicial protection, so it cannot become an "irrational and unreasonable obstacle that prevents achieving it."The massive sending of alerts sent yesterday by the Community of Madrid to warn of the danger that would hit the city due to DANA does not violate data protection
The Community of Madrid implemented for the first time yesterday, around 2:00 p.m., the Es-Alert system, also called “reverse 112” , due to the extreme risk of heavy rains and flooding as a result of DANA that hit the country during the day September 3.
This massive alert system in case of emergencies and catastrophes, sent to the mobile phones of people who were in the city of Madrid or near the region, in addition to the scare caused to citizens by the shock of a loud beep and vibration on their mobile devices never before received until now, has caused many users to question its legality on social networks in recent hours.
The truth is that this notification is totally legal as it is a message sent by the General Directorate of Civil Protection and that it does not involve interference in the right to privacy , since it is an anonymous notification that does not know the numbers and identities of the people who own mobile phones . That is, it is not SMS, but rather a cell broadcasts technology that issues automatic alerts through the telephone antennas to which mobile devices in each geographical area are connected.
Hence, the pro actione principle is emphasized DJ USA and an attempt is made to give the administrative challenge the appropriate channel for its definitive examination and resolution over and above formal deficiencies in its qualification.” And the intention of the rule is to guarantee effective judicial protection, so it cannot become an "irrational and unreasonable obstacle that prevents achieving it."The massive sending of alerts sent yesterday by the Community of Madrid to warn of the danger that would hit the city due to DANA does not violate data protection
The Community of Madrid implemented for the first time yesterday, around 2:00 p.m., the Es-Alert system, also called “reverse 112” , due to the extreme risk of heavy rains and flooding as a result of DANA that hit the country during the day September 3.
This massive alert system in case of emergencies and catastrophes, sent to the mobile phones of people who were in the city of Madrid or near the region, in addition to the scare caused to citizens by the shock of a loud beep and vibration on their mobile devices never before received until now, has caused many users to question its legality on social networks in recent hours.
The truth is that this notification is totally legal as it is a message sent by the General Directorate of Civil Protection and that it does not involve interference in the right to privacy , since it is an anonymous notification that does not know the numbers and identities of the people who own mobile phones . That is, it is not SMS, but rather a cell broadcasts technology that issues automatic alerts through the telephone antennas to which mobile devices in each geographical area are connected.
