Result of the resolution: Declaration of breach
Allowing particulars the access especially protected through public networks (peer tone peer ó 2P2) harms the duty of secret in which they find the responsible for the file and those that intervene in any phase of the treatment subjected and is constitutive of a severe offense. On the other hand, not to implement the safety measures in an effective way is constitutive of a severe offense. To the last one, the collection and data processing personal without approving the corresponding general disposal of creation of the file is constitutive of a severe offense. Applied articles: 9, 10, 20, 44.3.a, 44.3.h, 44.4.b of the LOPD; 6, 9, 13, 17, 20 of the RD 994/1999.