Result of the resolution: Declaration of breach
The engraving of images made through cameras of videovigilància subjected, or in the LOPD or to the HIM 4/1997, without the corresponding creation of the file or administrative authorization, respectively, severe offense constitutes. The engraving of all the made calls to and from the switchboard of the Local Police is considered excessive and, therefore, constitutive of severe offense; the lack of creation of the corresponding file also constitutes severe offense, and the engraving of the calls that do not affect the public safety or the persecution of penal offenses without informing previously 5 of the LOPD of the foreseen extremes in the article constitutes slight offense. Applied articles: Arts. 4, 20, 24.1 and 44.2.d) and 44.3.a) and d) LOPD, 52 RLOPD and 11 Instruction 1/2009