Result of the resolution: Imposition of penalty
If the responsible for the file orders third one a service that implies the access to particulars, the contract of treatment person in charge has to be formalized. In turn, the person in charge of the treatment is a responsible for the lack of implantation of mechanisms of identification and authentication in order to avoid undue accesses to the particulars. In permanent offenses, the calculation of the deadline of prescription of the offense starts when it ceases the illegal activity. Applied articles: Arts. 9.12, 44.3.d) and h), 45 LOPD, and 93 RLOPD