Result of the resolution: Declaration of breach
The order, on the part of a Town Council to a public corporation, of the management of the service of supply of potable water of a town, entails the need to formalize in writing the specifications of the article 12 of the LOPD, since this juridical relation entails unavoidably the personal access and data processing contained in files of which the Town Council is responsible. The fact that the public corporation has been created by a consortium of which the sanctioned Town Council is part, is not a characteristic that alters the regime applicable to the communication of particulars. Applied articles: arts. 44.2.d) and 12 LOPD, art. 2 Law 30/1992.