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The access to the identification data and of contact of the headlines of the properties that the town council orders as a consequence of the management of the IBI to communicate them a possible employment illegal or for the cleaning of the borders forest can seek protection in the article 6.1.e) and 6.4 RGPD in relation to the rules that they attribute competences to the town councils in the mentioned matters and the Law of the Property Register.

The complaint is filed because the referral of the application of the city council to the DG Management of the real estate cadastre (state body) was carried out because the competence in the matter of the real estate cadastre is owned by the state. The task of receiving the complaint and the postal notification (postal delivery) of the notification of the resolution issued by the DG real estate cadastre was carried out by the local body under a collaboration agreement formalized by both administrations.

The right to the data protection does not prevent from the urbanistic promoters being able to have access to the name data, surnames and he addresses of the rest of owners of allotments, in order to comply with the necessary requirements to constitute the board of compensation and be able to communicate it to the rest of owners with the purpose who if they consider it, can adhere to the same one. This without harm that if the Town Council has this information can incorporate it directly into the report, in accordance with the article 28.3 LPAC.

The right to the data protection does not prevent from the urbanistic promoters being able in this case to have access to the name data, surnames and he addresses of the rest of owners, in order to get itself in touch among them, to the effects of formulating the derivative urbanistic planing in a joint way or of taking validly the initiative in the urbanistic management.

If the Town Council has already detected previously the existence of determinate free houses through the systems made clear in the article 41.4 LDH, or through other mechanisms that have been able to settle, the article 41.5 LDH he fits out the communication in the Town Council of a listing of abnormally low consumptions of water, gas and electricity, under the established threshold, to the effects of checking out the situation of unemployment. The access to the property register and to the census of inhabitants can be considered fitted out and proportionate, in order to identify the owners of houses where nobody is evident registered. The Town Council addressing itself is not contrary to the regulations of data protection for the owner persons, with posteriority to the detection of the anomalous situation of the houses, to give them information of the foreseen measures.

The article 41 of the LDH only fits out, to lack of the consent of the affected ones, the communication in the Town Council of the data of the consumptions of water to the effects of ascertaining the situation of unemployment (article 41.5 LDH), if the Town Council has already detected previously the existence of determinate free houses in the town through the systems made clear in article 41.4 LDH, or through other mechanisms that have been able to settle.

In case the regulations of horizontal property results from application for allotments to the case brought up (Book Fifth CCC), the communication of the personal information requested (identificatives data of contact and cadastral number of the allotment), it would find legal habilitation in these forecasts normative, and would not require the consent from the ones affected (art.3.e) LOPD), to the effects of the regime of data communication (art. 11.2.a) LOPD). Otherwise, the article 53.1.c) of the LC could fit out the communication of the mentioned data to the Association of the data requested to all the owners of the Urbanization, making the habilitation of communicating to each owner the data of the headlines of adjacent allotments extensible, given the legitimate interest that recognizes the article 7.f) of the Directive of protection of particulars, and that exercises the Association in this case.

The utilization on the part of the Town Council of the data of the Property Register and those of the municipal census of inhabitants is admissible, to the effects of getting itself with the owners in touch. The Town Council can consult the census, to the effects of detecting if in a house of a financial entity there are not registered persons (art. 41 LDH). Beyond this check, in those cases in which there are registered persons, it would not seem justified to treat like detection (principle of quality) the data of these persons with this initial purpose. The supplying companies have to communicate in the Town Council the information that is required for them about abnormal consumptions from water, gas and associated electricity identified or identifiable physical persons, for the purposes of check foreseen in the article 41.5 of the LDH, when an anomalous situation of the house has been detected previously.

With general character, a request of information about data of the estate Property Register he should go to the General Direction or managements or submanagements of the Property Register, if it is proper, in the terms and of the way that 1/2004, of 5 March, by which the text is approved is ordered in the Royal Legislative Decree revised of the Law of the Estate Property Register, and in the Royal Decree 417/2006, of 7 April, for which the text revised of the Law of the Property Register Immobliari is developed. In the present case, the Local Council could request, by itself, to access to determinate cadastral data protected of the headlines of the estates of the town required, in order to exercise the competences that it has attributed by virtue of Law 7/1985, of 2 April, regulatory of the bases of the regime local and of Law 9/1993, of 30 September, of the Catalan Cultural Heritage, in accordance with the forecasts of the article 53.2.a) of the Law of the Property Register Estate.

The legal forecasts of the valid regulations in electrical matter d’energia and in obligatory matter d’expropiació l’accés, without consent, to determinate cadastral data would authorize proteges (name, surname and address) on the part of l’empresa developer d’un eolian minipark, in so far as the knowledge d’aquesta information is necessary to carry out the relation of the goods and rights affected by l’expropiació obligatory, as well as to contact the owners d’aquests goods and the right headlines d’aquests to agree on its value exactly before l’inici of obligatory l’expropiació, and since this company proves to have shown the necessary documentation for that s’iniciï the procedure of administrative l’autorització and l’aprovació of the project of the minipark eolian.