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The city council of Vic, as responsible for the offence provided for in Article 83.5a, is resolved to be admonished in relation to the principle of confidentiality, since the communication of the medical data of the complainant to the Commissariat of Mossos d'Esquadra de Vic has been credited as a result of a human error.

In the context of the prior information, no facts that have been dealt with have been proven to constitute any of the infringements provided for in the data protection legislation. Well, the official who read the registered document did so in the exercise of its functions, for the purposes of including a description of the document in the corporate file manager.

The council could create the contact database or third-party database to collect the identifying and contact details of the individuals it relates to. The incorporation in this third-party database of the data of the Register of entry and exit of documents would not be compatible for the purposes of using the data contained therein for subsequent notifications, but instead it could be to use the identifying and contact data in other procedures of an analogous nature. In application of the principle of accuracy, the city council must take the appropriate measures to collect the different addresses or electronic means that the citizen has chosen for each procedure to receive administrative notifications or whatever is relevant in accordance with the applicable regulations. The data that make up the third-party database may not be retained beyond the retention period applicable to the purpose for which it was collected, must be kept up to date and the affected persons must be informed.

The regulations of data protection block the access of the person claiming from all the information that it is evident in the register of entry and exit of documents, in a determinate period, it to be itself a matter of a generalized access and indiscriminate to all the information. This without harm that can give access to itself to the information in an anonymized way or that, with respect to concrete requests, can give access to itself after a ponderation.

The request for the employees of Post Office and other companies of transport service of the identificatives data of the staff of the SACK (name and surnames and number of DNI), to the effects of making them figure in the acknowledgement of receipt of the given documentation, it would be legitimate in accordance with the regulations of data protection. It will not be necessary to facilitate the mentioned identification data, in the case of notifications of administrative and judicial organs of documentation presented in the General Register suitable for being registered, in which case it will be sufficient to make be evident the stamp of the Town Council.

The regulations of data protection block the register of entry and exit of documents, it to be itself a matter of a generalized access and indiscriminate to all the information the access of the complaining person to the information that is evident. This without harm that can give access to itself to the information in a dissociated way, or that with respect to concrete requests can give access to itself after a ponderation that the justification of the measure results from.

The legislation of local regime recognizes a right of access to the town councilors to information that can be necessary for the development of its functions (article 164 TRLMRLC). The application of the principle of data minimization (article 5.1 c) RGPD) it requires to make a ponderation with respect to the particulars included in the whole of the information requested, so that more data of the strictly necessary ones to attain the legitimate purpose that justifies the access are not communicated, this is the development of the functions that correspond to the town councilors. Facilitating to the town councilors the access to the Register of entry and exit of documents could force this principle of data minimization and to mean a risk for the correct protection of the personal information of the affected ones, the volume of requested information, the high number of possible affected persons and the diverse nature of the personal information that could restrain itself there attended to, between which, it would not be possible to discard data of special categories, or that require a special protection. In any case, these have to be governed by the duty of reservation imposed for the regulations of local regime, for the principle of purpose limitation (article 5.1.b) RGPD) and the duty of integrity and confidentiality (article 5.1.f) RGPD)

It does not seem that it can be concluded, in the present case, that a generalized and indiscriminate access to all the information that figures in the Register of entry and exit of documents of the Town Council is justified from the point of view upward to the data protection. This without harm that can give access to itself to the information in a dissociated way or that, with respect to concrete requests, access can be given previous ponderation.

Once the terms in which the consultation is formulated have been attended to, does not seem that it can be concluded that a generalized and indiscriminate access to all the information that figures in the register of entry and exit of documents works out justified from the point of view upward to the data protection. This without harm that can give access to itself to the information in a dissociated way, or that with respect to concrete requests can give access to itself after a ponderation that the justification of the measure results from.

The fulfillment of the principle of quality of the data (article 4 LOPD) it requires to make a ponderation with respect to the particulars included in the whole of the requested information, especially if sensitive data are treated (article 7 LOPD), so that more data of the strictly necessary ones to attain the legitimate purpose that justifies the access are not communicated, this is the development of the functions that correspond to the town councilors. Facilitating to the town councilors the access to all the annotations made in the Register of documents entry of the Town Council in the terms that the consultation brings up he could force the principle of quality and to mean a risk for the correct protection of the particulars of the affected persons.