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Result of the resolution: Declaration of breach
Three offenses are stated, them all related with the installation of a system of videovigilància in the headquarters of the Local Police of the town. In first place, an offense by lack of creation of file is stated, since even though the disposal of creation of the file of videovigilància had been approved, this had not been published in the corresponding official bulletin. In second place, a breach of the duty is stated of informing since, on the one hand, images had been picked up without having installed the preceptive informative posters, and, on the other hand, he had not informed itself through other canals made clear to the instruction 1/2009. And, in third place, a breach is declared proportionality principle for the uninterruptible catchment -and posterior storage- of images of the inside of the cells of persons under arrest. Applied articles: 4.1, 5, 20, 44.2.c) 44.3.a) and 44.3.c) of the LOPD; 52 RLOPD; 7 and 12 Instruction 1/2009