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The complaint is shelved because the Pere Media Foundation, as responsible for the treatment of CSSB, was considered to have access to the meetings held by the DS Department and CSSB dealing with the matter concerning the return of the child of the claimant to the residence house managed by the aforementioned Foundation.

The Department of Health entrusted|ordered SEMSA the recruitment of the service of follow-up of the narrow contacts with infected persons of covid-19, which entailed|meant the data processing personal. And to|in such effect SEMSA hired the private company Ferroser Servicios Auxiliares, SA, without formalizing the order of the treatment in a contract as the art requires. 28 RGPD, which it|he is constitutive of offense.

The communication of particulars that the School made to an external company (Tokapp SL) without the consent of the parents of the affected pupil does not constitute the commission of an offense, since the controversial cession of data was made within the framework of a contract of person in charge|attendant of the treatment, where the School performed like in RT and the company how YOU. Article|Item 33 LOPDGDD he|she|it determines that the exchange of the necessary particulars for the provision|feature of the hired service, a communication of particulars is not considered.

S'arxiva la denúncia atès que l'ORGT va tenir accés a l'adreça de correu electrònic que la persona afectada havia comunicat prèviament a l'Ajuntament, en la seva condició d'encarregat del tractament com a conseqüència de la prestació del servei que li havia estat delegat per acord del Ple de l'ajuntament.

The Town Councils can facilitate the particulars related to the DNI-NIF, CIF or NIE of its census of inhabitants in the managing company of the service of supply of potable water, if this company acts as person in charge of the treatment of the particulars that are necessary for him to carry out that service in the town, in the terms established in the article 12 of the LOPD and to the additional Disposal 26th of the TRLCSP, since the communication of the mentioned data will not have consideration of cession of particulars. Case that the file created for the management of the service of supply of potable water is of titularity of the managing company of the service of water supply, the Town Council will only be able to hand it over these data if it has the consent of the ones affected, since no legal habilitation that it authorizes to making this cession has been able to be ascertained

Once the text of the object Agreement of consultation has been examined, it is considered that this adapts to the regulations of data protection if the considerations made in this judgement are taken into account.

The flows of information that describes the consultation entail the need to establish a contract or agreement between the person in charge of the treatment and each of the responsibles for the treatment with the minimum contents that require article 12 from the LOPD. This plurality of orders of the treatment to a same person in charge translates into the existence of a plurality of data sets.

The communication of data contained a public service in the municipal Census of inhabitants from the Town Council in a municipal company that he manages to check out the condition of neighbor of the users, it constitutes a cession of data that it is not fitted out by the article 16.3 of the LRBRL, because the assign entity does not have the condition of public administration. However, there would not be impediment to the mentioned cession if the municipal company has established a contract of person in charge of the treatment with the titular Town Council of the service. There is also the possibility that the municipal company, with regard to the article 11.2.c) of the LOPD, it facilitates the list of the users of the service in the Town Council, which as a headline of the service can make the check of the condition of neighbor of these users.

This Judgement examines the implications of a Project related with the analysis and exploitation of the data of the electronic clinical history. Among other questions, it is considered necessary to specify and to clarify several questions, among others: the files related with the Project; the purposes, fitted out by the regulations, which the requests of information can fit out; establishing a suitable procedure of analysis of information requests; if the information will be treated in an anonymized way or with regard to the consent; the diffusion that can be made of the treated information; the forecast of an integral model of security; the technical procedure of anonimització; or the exercise of the rights I ARCO and l'opt-out. It is also recommended, among other questions, to incorporate an evaluation of impact about the privacy (PIA).