RESOLUTION of the sanctionative procedure no. PS 49/2010, referring to the Town Council of Figaró-Montmany.

The cession or communication of data of personal character without the consent of the person affected not even the concurrence of legal habilitation is constitutive of an offense severe in accordance with the new sanctionative regime introduced by the Law 2/2011, of sustainable economy, that results from application in so far as it favors the presumed infractor. The situation of emergency invoked by the entity imputed, but not accredited during the procedure, does not legitimate the non spoiled cession. The fundamental right to the protection of personal character data prevails in the face of the eventual collision with other non fundamental rights. Applied articles: 3, 6, 11, 44.3 k) LOPD; 3 L 32/2010; 128 L 30/1992; 25 and 26 L 7/1985; 66 and 67 DL 2/2003; 1902 CC.