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A municipal watcher photographs a vehicle with which a traffic offence is allegedly committed, in which the image of the person sitting inside is shown.

The complaint is shelved because of the documentation provided by the SLT Department it is noted that it was the same person who, in the framework of a public health sanction procedure, communicated and authorised the data on the 'professional' mobile phone where he received electronic notification of the motion for a resolution of that procedure.

The person denouncing, who circulated with his motorbike above the sidewalk of a street in Barcelona, reported that an urban guard had photographed, with his particular mobile phone, his DNI, his driving licence and the license plate of his vehicle, although he did not provide any evidence of these events. The City Council denied this, noting that the city guard had collected the identification data through the device provided by the City Council (PDA), for the purpose of filling the newsletter for traffic infringement, and that the processing of the complaint did not require the incorporation of photographic images. The Authority filed the complaint for lack of proof of the reported facts, considering that the demonstrations of the City Council were plausible, bearing in mind that the administrative file processed, which the City Council brought to the Authority, contained no image, and instead contained the aforementioned newsletter, which the city guard filled with the data of the complainant, in the exercise of the public functions entrusted to him.

The claimant had exercised the right of access to the minutes of agreement of the sanctioning procedure that had been initiated, so he was requesting a document related to his personal information.

In accordance with data protection regulations, the councilor's access to the sanctioning proceedings claimed should be limited, however, insofar as the resolutions of the claimed files correspond to acts of which the mayor must report to the plenary and s have been issued within a period in which the applicant has the status of councilor, he could have access, for the exercise of his functions of control and control of the municipal action, to the information relative to the sanction imposed, the offense committed and the person responsible for the offense.

Data protection regulations do not allow access to a member's disciplinary history, as data relating to the commission of administrative offenses would be affected. However, in the present case, it would be justified to inform the claimant whether the school has processed the payment of fees for the provision of the service in the shift.

From the point of view of data protection regulations, the access of the claimant, trade union delegate and member of the works council to the content of the disciplinary proceedings processed in the last five years is not justified. However, given his status as a member of the works council, the complainant would have the right to know the information concerning the imposition of sanctions on workers for the commission of very serious infringements (infringement committed and sanction imposed, with identification of the people affected) and as a union delegate would also have the right to access the files processed by members of their union.

The data protection regulations do not prevent access to all the information that the Chief Inspector of the Local Police has provided about him and that is included in the disciplinary file, including the source of the information ( identification of the informant). It would also be possible to provide merely identifying information relating to public authorities and employees in the service of the City Council who has intervened in the disciplinary proceedings. However, the data protection regulations prevent access to the information relating to the accused in the disciplinary proceedings, as well as information on categories with special protection of the Chief Inspector of the Local Police (art. 23 LTC) or other information about it other than merely identifying.