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From the 25th May 2018 the creation of the files of public titularity is not exigible through a disposal of general character, but it will be sufficient with the inclusion of the treatment in the register of activities of the treatment that has to bring each responsible and person in charge of the treatment.

The entities who shape the public sector of the Generalitat de Catalunya are, each of them, responsibles for the treatments of the particulars which they have. The responsibility of the Tributary Agency of Catalonia and of the General Direction of Social Protection in the treatment of these data will depend in the way its communication is articulated, although, for the information of which it is ordered, these could adopt the posture of persons in charge of the treatment, whenever the corresponding contract of order is formalized. In this judgement the fulfillment of some of the duties imposed by the regulations to data protection (obtaining of the consent, duty of information, creation of files and resolution of the procedures of rights exercise) is also analyzed. 

The catchment of the image and of the voice of the workers of the Town Council for a citizen requires, normally, the previous consent of the affected one. Even so, in some suppositions it can be understood that there would be a legitimate interest that could fit out this treatment, he regrets that the citizen complies with the principles and duties that the regulations impose to protection of data necessary. In the present case, the catchment of the image in order to identify the worker easily would be a disproportionate data processing. The recording of the voice would also be it in order to have evidence of the presentation of a writing in front of the Town Council or of the information requested to the Town Council. However, to record it in order to use it with occasion of the demand of responsibilities it can have habilitation in determinate suppositions.

It is applicable for the system of videovigilància installed in the deposit of persons under arrest and to the room of search of the local police of the Town Council, as well as in the inside of the vehicles of the local police, the regulations of protection of particulars (LOPD and RLOPD, and Instruction 1/2009). To the data processing derived from systems of videovigilància in the exterior of the police vehicles, the regime established in the LOVFCS, and its regulations of development is applicable. The data processing made in the inside of the police vehicles could remain integrated into an existing file or create a new one. It is not necessary to create any file in relation to the videovigilància in the exterior of the police vehicles. It is necessary to give fulfillment to the duty of information (art. 5 LOPD and 12 Instruction), in the terms pointed out in the Judgement.

The files of the Consortium, like entity of public law of associative character, with own legal status, ascribed to the Generalitat, are considered files of public titularity, on being the responsible that it shows the titularity an entity for public law. Any modification or suppression of these files or the creation of others of new has to be notified to the Catalan Authority of Protection of Data for its inscription.

The files of the urbanistic entities of conservation linked to a Town Council or another performing administration that is part of the area of performance of the APDCAT also are included in the area of performance of this Authority and, therefore, can be set in the Register of Data Protection of Catalonia. Its files are files of given public titularity the administrative nature of these entities.

Given the purpose foreseen in the file examined he understands that this it can reach the management on the part of the responsible for the particulars of the persons interested in taking part as volunteers in an activity typical of another department of the Administration of the Generalitat de Catalunya, in so far as an agreement or agreement of collaboration between both departments with the object has been subscribed that the responsible for the file is in charge of the management of the voluntary workers suitable at the request of this other department.