RESOLUTION of the sanctionative procedure no. PS 61/2010, referring to the municipal group of the Partit Popular in the Town Council of Begues.

The data processing of personal character without the previous consent of the affected persons nor the concurrence of a legal habilitation is one constitutive of an offense severe. Only sources accessible to the public constitute those described as such in the 3 j article) of the LOPD. On the other hand, the noncompliance of the duty of information in the collection of data with respect to the affected ones constitutes a slight offense. The possibility of exemption of the duty of information contemplated in the article 5.5 -first paragraph- of the LOPD has to be adopted through resolution of the Authority in accordance with the corresponding procedure, that is, it does not correspond to the responsible for the file to decide if this exemption can be of application. Applied articles: 3, 5, 6, 30, 44.2.d) and 44.3.d) LOPD; 10, 12 and 153 to 156 RLOPD.