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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 LOPD authorizes the public company to treat the particulars of the workers that are necessary, without consent, for the maintenance or fulfillment of the work relation, once the creation of a directory of staff in their Intranet has been included, although this treatment has to respect the principle of minimization. The affected workers can exercise its right of opposition to the diffusion of these data, in the exposed terms in the judgement.

The access to data of health included to the history clinical-occupational of a person considers itself employee proved of a hospital, on the part of the lawyer representation of the hospital and of the mutual collaborator with the social security. Both accesses would be fitted out, to be justified in the exercise of judicial actions against the resolution of the INSS that stated the incapacity for professional illness.

Applied articles: 7.3 LOPD, 22 Law 31/1995, 11 Law 21/2000, 16 Law 41/2002, arts. 15 and 37 Royal decree 39/1997, 24 CE.

This claim is rejected and moves to the GAIP given that the information to the that the complaining person intended to access, did not refer to its particulars of the applicant but to public information, and therefore, the GAIP is the competent órgan to solve this claim.

Applied articles: 15 LOPD, Law 19/2014.

The claim is loved because the Department did not answer in an express way to the person affected about its|his|her|their request of cancellation. From an optics of sources|fountains it is concluded that the person has the right to the cancellation of data that figure in its|his|her|their report of staff, which would not be affected for a duty of conservation and would not be necessary for the purpose that had justified its|his|her|their collection.

Applied articles|items: Article|Item 4.5 and 16 LOPD and 33 RLOPD, Article|Item 9 of the Law 10/2001, of 13/7.

It is rejected because the entity in the face of which the law was exercised does not have the data with respect to which the cancellation is aimed for.

Applied articles: Art. 16 LOPD.

The sanitary social workers, in its condition of members integral of the team of primary attention and in attention to the functions that they have attributed, the social report and the report of welfare continuity that is necessary for the development of its functions, can access the information contained in the PIIC. Regarding the data in those that can have access in the exercise of its functions, the sanitary social workers remain subject to the duty of secret.

If the Town Council has already detected previously the existence of determinate free houses through the systems made clear in the article 41.4 LDH, or through other mechanisms that have been able to settle, the article 41.5 LDH he fits out the communication in the Town Council of a listing of abnormally low consumptions of water, gas and electricity, under the established threshold, to the effects of checking out the situation of unemployment. The access to the property register and to the census of inhabitants can be considered fitted out and proportionate, in order to identify the owners of houses where nobody is evident registered. The Town Council addressing itself is not contrary to the regulations of data protection for the owner persons, with posteriority to the detection of the anomalous situation of the houses, to give them information of the foreseen measures.