RESOLUTION of the sanctionative procedure no. PS 51/2011, referring to the Department of Health, of the Generalitat de Catalunya.

The implantation of a system of videovigilància with recording of images with purpose of security of the building, without the previous creation of the file through general disposal, constitutes a severe offense. On the other hand, a severe offense is the breach of the principle of proportionality to treat images of persons who go on the public way in an excessive way in relation to the purpose pursued (surveillance of the facilities). The juridical qualification of the facts imputed in the fold of charges does not link the proposal of resolution. Non bis in idem principle. Applied articles: 4, 20, 44.3.a and 44.3.c of the LOPD; 5 and 9 of the Instruction 1/2009; HIM 4/1997; Decree 134/1999.