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The lack of a sufficient legal basis to enable the processing of workers' personal data in an electoral procedure by electronic voting prevents a response to the questions raised, since it would be necessary to keep to the specific provisions of legal empowerment and possible regulatory deployment, in order to assess the specific aspects relating to compliance with data protection regulations.

The right of the claimant to access (and obtain copy) the information requested on the basis of Articles 15 of the GDPR and 24 of the LTC must be recognised, without prejudice to the elimination or concealment of the information that may be recorded about the other workers investigated by the events of the year 2013 to which the application refers.

The foreseen duty in article 118.1 to the Legislative Decree 1/1997, of 31 October for which the revision is approved in a unique Text of the precepts of determinate valid legal texts in Catalonia on the subject of function public, it constitutes a legitimate basis of the treatment of the data of the subjected public employees in its area of application, consistent in the communication of the strictly necessary data to put the initiation and the result of the disciplinary reports for the commission of the foreseen offenses in that rule in knowledge of the organs of collective representation.

The complaining person does not have the right to accessing its information that figures in a research previous to the initiation of a sanctionative procedure as long as this performance is being processed. Once concluded, there would not be inconveniences for that he accessed the police minutes requested, in so far as only information related to its person is evident there and it is guaranteed, with respect to the other investigated persons, that these cannot be identified in a direct or indirect way without disproportionate efforts.

The request of access to a certificate about the diligence that the instructor of an initiated disciplinary procedure to a municipal civil servant issued to communicate the existence of a possible penal responsibility of this worker to Fiscalia should be denied, unless the requesting person proved the need to have this information for the exercise of its law of defense, consecrated in the article 24 of the CE.

In application of the regime of data cession (article 11 LOPD), the analyzed regulations do not contain a legal habilitation legitimadora of the diffusion generalized of particulars of any person "victim of the Civil War or represaliada during the Franco's regime", or of related third parties, that it includes data especially protected. Therefore, it is necessary to have the consent of the affected physical persons. Apart from this, in the judgement the demands derived from the principle of quality and of the proportionality, especially in relation to sensitive data (article 7 of the LOPD), as well as the exceptions to the duty of informing are analyzed (article 5.4 LOPD) and the limits of the habilitation to treat data without the consent of the headlines, founded in the collection of data for the exercise of functions typical of the public administrations (article 6.2 LOPD).