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The complaint is filed because the detailed information of which he orders the Town Council on the accesses carried out by the town councilors, it is a consequence of the implantation of the safety measure related to the register of accesses (article 103 of the RLOPD).

Applied articles: 9 LOPD, 93, 98 and 103 RLOPD.

The complaint of a municipal civil servant against civil servants of the same town council is filed by a supposed illicit access to its personal report. Of the documentation brought by the Town Council it is concluded that the municipal auditor had authorized the access and that one who in an eventual way had accessed the personal report was therefore set in the exercise of the functions ordered to the civil servant.

It is considered that responsibilities cannot be required from the municipal group because the object information of diffusion could have been published under protection of the law of transparency.

Applied articles: 164 TRLMC, 7 and 9 Law 19/2014, Decree 98/2014.

The Town Council, when making the law of access to the report to the interested person effective, among the facilitated copies there was one of a document that incorporated unduly in the report and that contained data of third parties totally foreign to the procedure, fact that is considered constitutive of a severe offense, for breach of the duty of secret.

Applied articles: 10 and 44.3.d) of the LOPD, art. 28 Law 40/2015.

The regulations of data protection do not block the access of the town councilors to the detailed curricular information about the formation and to the professional trajectory of the civil servants of the Town Council that it are responsibles for organs administrative, nor of those that they have been nominated in the legislature in progress. This, without harm that it would be necessary to omit the access to the data that for its nature require a special protection (art. 7 LOPD), like this as the identificatives data that are not name and surnames, and that would not be necessary to attain the function of control of the town councilor. This conclusion can be made extensible to the supposition of access brought up in relation to the workers of the municipal companies.

The proposed measure consistent in requesting the conformity of the parents or legal tutors to carry out a psycopedagogic evaluation, to the effects of confirming if the students have high capacities, is appraised positively. On the other hand, in attention at the beginning of quality, it does not seem necessary to preserve, beyond the period of compulsory or postcompulsory education, the documentation derived from these evaluations.

The exchange of information that brings up the consultation, when it refers to data of alive persons, would entail the communication of health data and, therefore, it would be subjected to the reinforced regime that it foresees the article 7.3 of the LOPD. There is not sufficient legal habilitation for the communication of these data and, moreover, since the communicated data did not inform necessarily about the current situation of the affected persons, the treatment would be contrary at the beginning of accuracy.

To the effects of giving fulfillment to the duty to publish the remunerations of the high ranking officials of the article 11.1.b) LTC, it is necessary that the Town Council values, according to the characteristics typical of each of the places that the managers occupy, if the elements that would justify the purpose of public interest in the divulging of this information meet at the exposed terms in this judgement. The article 11.1.b) LTC he would fit out the publication of the nominal relation and the remunerations of the managerial charges in that the mentioned elements coincide and there would not be inconvenience from the prospect of the protection of data to its divulging. The article 9.1.f) LTC he would fit out the publication of the professional trajectory of those persons who are responsibles for organs of the corporation, in accordance with the definition of organ of the article 5 of Law 40/2015, and with independence that they are or not high ranking officials.

The right to the protection of data does not block the access of the claimant to the diets and compensations due to the mileage perceived the charge of president of a provincial regional government by the person that, during years 2007 to 2011, it occupied. It prevents it neither from knowing if this public charge had or not of a credit card, and if it is proper, the extracts, unless of this information the knowledge was derived from another information especially protected, that affects its personal or family privacy, or that affects in a special way its rights and freedoms.