Resolutions, opinions and reports search tool

Access to the allegations that have been presented in the public information procedure of the approval procedure of the POUM and to the reports that have been issued during this procedure, must be done after anonymizing the data of natural persons (except for the merely identifying data of public employees that may appear there). The regulations for the protection of personal data do not prevent access to information relating to the classification, urban qualification and urban use of the estates on which this information is requested.

From the point of view of data protection regulations, and taking into account that it is a matter of urban planning, there would be no problem in providing the person claiming the list of acts or inspection bulletins of an urban nature carried out by the local police and by the municipal technical services, indicating the type of action that the inspector verified that it had really been carried out, the location of the work by means of the Geographic coordinates of the Cartographic and Geological Institute of Catalonia and , the date or reference of the license or presentation of the communication by the interested party.

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.

The regulations of data protection would not block the access of the claimant to the report of the procedure of previous communication of works of reform or adequacy of some premises.

The complaint|denunciation is filed for application of the principles of presumption of innocence and of responsibility. There is not evidence that allows to infer that the Town Council facilitated a copy of the administrative report to|in an entity insurance company. And the access to the report that it|he|she allowed a physical person, it|he|she has its|his|her|their coverage in the public action|share that refegeix on the subject of urban planning.

Urban planning regulations enable access to the urban planning file due to public action.

The legal system recognizes the right of access -with certain conditions and always respecting data protection regulations- to the information contained in the administrative files, either by persons interested or not interested in the corresponding administrative procedure . In the specific case of urban information, all people have the status of interested parties without the need to prove special legitimacy, given the recognition in the sectoral regulations of public action, which justifies the need to have extensive information in this matter. Privileged position of the person who owns the property, in relation to which the City Council had initiated a file for the restoration of the altered physical reality, to access the file as an interested person.

In relation to the access to urbanistic reports, all persons have the condition of interested, the recognition attended to in the sectorial regulations of the public information. The delivery on the part of the Town Council of an extract|excerpt about deficiencies detected, thus how to give the interested persons view|sight of the project of works, would have its|his|her|their juridical basis in the article|item 6.1.e) RGPD.

The right to the data protection would not block the access of the town councilor to the information related with the planning permission granted in the two last legislatures, including the identity of the headlines of the licenses, and if, that of the architects responsible for the projects of works that justify them, is proper. In attention at the beginning of minimization it will be necessary to omit with character previous to the access, any datum that is unnecessary for the exercise of control and taxation of the performances of the government organs attributed ace town councilors.

The complaint|denunciation is filed since it has not been able to be proved that the Town Council revealed a third person data related to the accusing person related with the eventual initiation of a report of protection of the urbanistic legality.