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Result of the resolution: Set aside/dismissed
The complaint is filed in basis at the beginning of presumption of innocence, since of the performances of research practiced any evidence that allows to infer that the denounced entity has committed a breach of the duty of secret is not derived. On the other hand, is considered that the sending of documentation -that it contains especially data protected- through about closed directed to the interested person, it is in agreement at the beginning of security of the data. Finally, the remission to the worker to its job of all that documentation related with the medical examination carried out by the medical service of occupational risk prevention, it does not mean any offense of the principle of quality of the data -in its aspect of accuracy- if the interested person has not indicated expressly an address for the sending of the quoted documentation. Applied articles: 4, 9, 10 LOPD, 114 RLOPD, 137 LRJPAC