RESOLUTION of the procedure of rights protection no. 45/2011, urged by Mr. XXX, in representation of its children, against the Department of Education of the Generalitat de Catalunya.

The estimation comes from access upward when the denial is not founded in any cause foreseen by the LOPD. The relative circumstance to the unit in the face of which the law of access is exercised not being a depositary of the object documentation of access, it does not exempt the responsible for the file from making cash the law. The responsible for the file has to obtain the documentation from the organ or entity responsible of its custody and in case that has been destroyed, facilitate the information that figures in automated support. Applied articles: 15 LOPD; 23, 27, 29 and 30 RLOPD.