RESOLUTION of the sanctionative procedure no. PS 4/2011, referring to the Town Council of Sant Feliu de Llobregat.

Offense by lack of creation of files, since the Local Police of the town recorded telephone calls, with the consequent data processing personal, without the authorization of general disposal published in the corresponding Official Bulletin. Offense of the quality principle of the data, in its aspects of purpose and proportionality: on the one hand, the Town Council harmed the principle of purpose, as long as he used the data obtained through the recording of the calls associated with the telephone number of the Local Police for a purpose different to the one that motivated its collection, in particular, to use them as a test of charge in an initiated disciplinary report to different agents of the quoted police body. On the other hand, it harmed the principle of proportionality, in first place, to record all the outgoing and next calls to the telephone number of the Local Police in an indiscriminate way; and, in second place, not to cancel these engravings of its files when they had stopped being necessary. Applied articles: 3, 20, 44.3.a), 4, 22.4 and 44.3.d) of the LOPD, 52 of the RLOPD.