RESOLUTION of the sanctionative procedure no. PS 1/2011, referring to the Clinical and Provincial Hospital of Barcelona.

The communication of data of personal character related to the health without the express consent of the affected persons nor the concurrence of a legal habilitation, which foresees it like this for reasons of general interest, is constitutive of a very severe offense. On the other hand, the lack of implementation of the safety measures concerning the document management and supports determined for statutory way, it constitutes a severe offense. The breach of these safety measures for the staff of the responsible for the file, brings to light that these are insufficient or ineffective for the pursued purpose, or, that they have not made themselves effective in pilot of way. Applied articles: Arts. applied: 7, 9, 44.3 hr) and 44.4 b) LOPD; 92, 97, 101 RLOPD; 4 Law 14/2007; 11 Law 21/2000.