Result of the resolution: Declaration of breach
The cession of data of personal character related to the health without the express consent of the affected persons nor the concurrence of a legal habilitation that establishes it like this for reasons of general interest constitutes a very severe offense. On the other hand, the noncompliance of the duty of information in the collection of the data is constitutive of a slight offense. The general character of the model of request and the plurality of files with respect to which the collection of data can be made, can entail that determinate extremes of information are deferred upward up to the moment in which the responsible for the file receives the application for its procedure. Applied articles: 5, 7, 44.4 b) and 44.2 c) LOPD.