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The complainant formulated a request for access to the Barcelona City Council regarding a telephone survey to assess the citizen safety of its population, and stated that the City Council had not replied. The city council did respond to his request, indicating that the body responsible for the processing of data for the conduct of the survey was the Barcelona Metropolitan Authority, and that it should be directed to that entity to request the exercise of its right.

The criteria to take into account on the subject of security regarding the statistical files he will come determined by the ENTITY when it is about electronic files. When it is a matter of information that is in paper support, without harm that, to start off with the levels of security can be applied and the foreseen safety measures for supports not automated in the RLOPD, it can be necessary, to carry out an evaluation of risks depending on the nature of the information, the volume of information, and the consequences that an incident of security could have for the person juridical or for third parties.

The files that are for exclusively statistical purposes and protected by the autonomic legislation about the public statistical function have to be set in the Register of Statistical Files. However, those other files created for not exclusively statistical purposes will have to be notified in the face of the Register of Data Protection of Catalonia in order to proceed to its inscription.

Law 23/1998, of 30 December, d’Estadística of Catalonia authorizes the cession, without consent, of the address datum of the Register of Population of Catalonia to another public administration to l’exercici of the competences legally attributed and for matters in what the address is relevant, as well as to the local police d’un town when its knowledge is necessary for l’exercici of the functions of administrative police attributed by law. Its cession, without consent, to the local police with police purposes is left fitted out by l’article 22.2 of the LOPD, whenever s’efectuï in an individualized way and s’acrediti that is necessary for the prevention d’un real danger for the penal public safety or repression d’infraccions.

Since the communication of data has to be produced among public administrations, always and when the survey is set in a statistical activity included in Law 13/2010, it can be considered that there is sufficient legitimation for the communication of the identificatives data (telephone numbers) without the need for having the previous consent of the headlines, for application of the articles 11.2.e) and 21 of the LOPD. This, without harm of the necessary application of the rest of principles and duties in materia to protection of data. In the context of the duty of information, in application of the article 5.4 of the LOPD, it would be good that the Town Council informs the headlines of its data of contact (telephone numbers) being handed over to another administration, before communicating them, for the purpose of contacting it, in order to take part in the survey to the that is referred in the consultation.

Of the applicable regulations the duty to include the sex datum in some files of particulars of the public company in determinate suppositions, but not in all files is detached. The public company can foresee the communication of data for statistical purposes to one another public administration, without the consent of the interested persons, in application of article 21 LOPD, whenever the study has the consideration of statistical activity of interest of the Generalitat. In any case, it will normally be necessary previously to anonymize the studies.