Result of the resolution: Set aside/dismissed
The complaint|denunciation related to the publication in a BOPB of free access across internet, of an advertisement|announcement of notification that contained data of the denouncer and of its|his|her|their relatives, for the following motives, is filed:
- About the publication of the advertisement|announcement with particulars in the BOPB for commandment of the Town Council: the communication of particulars derived from the publication of the decree of mayor's office in the BOPB, its|his|her|their coverage in article|item 59.5 has Law 30/92 (publication in the face of attempts failed of notification), but since the pursued purpose has already been accomplished, by virtue of the principle|beginning of minimization it proceeds to require the Town Council so that in turn the managing organ of the BOPB requires that the controversial advertisement|announcement is indexed by the internal searchers of the BOPB so that it|he|she adopts the necessary technical measures to avoid.
- About the publication of the BOPB that contains the mentioned advertisement|announcement in the web of the Register|Record of Planing Urbanistic, dependent on the Department TEAS: although the point of information of the Department should have remitted the request of cancellation in|on the competent organ, of the answer that it faced|gave it is not inferred that it|he|she had prevented or hindered the exercise of such law|right (art. 44.3.e LOPD). Once this has been said, since the publication in this Register|Record of all the newspaper that contains the advertisement|announcement with the data of the denouncer is not protected by the duty to advertising of the instruments of urbanistic planing, the Department is required so that in the web of the Register|Record the advertisement|announcement is not published with the data of its|his|her|their denouncer and relatives.