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It is resolved to declare that the City Council of Sant Andreu de Llavaneres has violated Article 83.4, in relation to Article 35; both of the RGPD, since it has not carried out the necessary impact assessment to assess the risks associated with the processing of personal data carried out within the framework of the provision of the waste collection service "port to door".

It resolves to warn the City Council of La Garriga since it has not carried out the necessary impact assessment in relation to the processing of personal data carried out within the framework of the provision of the waste collection service "door-to-door"; it does not have the RAT updated; and it did not provide the right of information to users of the aforementioned service in accordance with article 11 LOPDGDD.

Consent is not the legal basis that legitimises the processing of data for the provision of the waste collection service. This treatment is based on carrying out a mission in the public interest or exercising public powers. On the other hand, the fact that the reading of the labels incorporated into the bags or buckets allows the identification of the user of the service, since it is not credited, is archived.

From the perspective of the regulations on the protection of personal data, the claimant can be provided with the information available to the body regarding discharge authorizations with a significant effect on the environment, as well as information on the data derived from the monitoring of activities that may affect the environment, etc. The access of the claimant must be excluded from the disciplinary proceedings that the agency has on the contamination of the waters in which the person responsible for the contamination is a natural person, although it is possible to give access to the infraction committed, the sanction imposed and the offender, when a publication sanction has been imposed for a very serious infringement. Data protection regulations do not prevent access to information on sanctions on legal persons or aggregated information about those imposed on natural persons that does not allow them to be identified.

The access of the claimant to the disciplinary proceedings available to the environmental administration in which the person responsible for the contamination is a natural person must be excluded, although access to the infringement committed, the sanction imposed and the offender, when a publication sanction has been imposed for a very serious infringement. Data protection regulations do not prevent access to information on sanctions on legal persons or aggregated information about those imposed on natural persons that does not allow them to be identified. With regard to the data of third parties that may appear in the disciplinary proceedings that can be accessed, it is necessary to anonymize the personal data of third parties (legal representatives, complainants or witnesses) that may appear therein, except for the persons who have intervened due to their position.

Data protection regulations would not prevent access to a list relating to applications for licenses for major works requested from the City Council in the last five years and, in particular, to the file number, street and number of the work, date of application for the license, type of action, holder, status of processing, type of resolution and its date. With regard to applications for environmental licenses, it would be justified to access the information requested, except for the identification of the holder when it is a natural person.

Data protection regulations would not prevent access to the whole project of a waste incineration plant, without prejudice to the fact that, according to the principle of minimisation, identifying data on natural persons representing the company applying for environmental authorisation, as well as NIF, telephones, electronic addresses, or the registered address, are omitted from this information, and that they are unnecessary in order to achieve the intended purpose.

The processing of data from people using the door-to-door waste collection system is necessary for the fulfillment of a mission in the public interest or the exercise of public powers .

The regulations of data protection would not block the access to the information that does not contain particulars. Regarding the information that can contain particulars, the regulations of data protection would not block the access to the merely identifying data of the charges or public employees who in exercise of their functions can figure in the different requested documentation. The access would prevent neither information about the professionals from having been able to be hired for the execution of the municipal works as well as the one related with the professionals been in charge of elaborating the technical documentation that integrates the reports, nor in the one related to the titular persons of lambs or rights expropriated. All this, without harm, of omitting that of the documents access is given, the particulars (DNI, addresses, telephones or others) that are not necessary for the compliment of the supposed purpose. However, and since in the same request the possibility to obtain admits the anonymized data, the principle of minimization it would justify to omit the identifying data of the titular physical persons of the urbanistic and environmental licenses that can figure in the claimed documentation. The regulations of data protection would not allow the particulars of third parties that they had been able to intervene during the periods of public information of the corresponding administrative procedures the access.