Result of the resolution: Set aside/dismissed
The person denouncing, who circulated with his motorbike above the sidewalk of a street in Barcelona, reported that an urban guard had photographed, with his particular mobile phone, his DNI, his driving licence and the license plate of his vehicle, although he did not provide any evidence of these events. The City Council denied this, noting that the city guard had collected the identification data through the device provided by the City Council (PDA), for the purpose of filling the newsletter for traffic infringement, and that the processing of the complaint did not require the incorporation of photographic images. The Authority filed the complaint for lack of proof of the reported facts, considering that the demonstrations of the City Council were plausible, bearing in mind that the administrative file processed, which the City Council brought to the Authority, contained no image, and instead contained the aforementioned newsletter, which the city guard filled with the data of the complainant, in the exercise of the public functions entrusted to him.