RESOLUTION of the sanctionative procedure no. PS 46/2012, referring to the Institute Català de la Salut (ANY Río of Janeiro).

The utilization of containers of cardboard opened to deposit the clinical documentation rejected, as a step previous to its destruction, as well as the lack of one of a document of security that contemplates the whole of files or treatments, infringes the principle of security of the data. Offense by lack of contract of person in charge, in particular, not to fix the concrete safety measures that the person in charge of the treatment has to implement in the contract that governs the rendering of services for one third. Applied articles: 44.3.h), 44.2.d), 9 and 12 LOPD, 88 and 92.4 RLOPD, DA 26th RDLEG 3/2011.