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The denounced entity had implemented a system to consult the results of the scholarships and/or university as well as no university helps summoned by the General Administration of the State that the unambiguous and personalized identification of the user would not allow that he attempts to access the system, since making to be evident the number of DNI/NIE and the date since birth of any of the persons who have presented request to obtain these scholarships and/or helps could be accessed to particulars about the helps. This fact constitutes an offense typified as severe in the LOPD.

Applied articles: 9, 44.3 hr) LOPD, 93.1 and 93.2 RLOPD.

The complaint is filed because there is not rational evidence of having taken place the denounced facts. In particular it was denounced that in a selective process, for the purpose of identifying the participants the name and surnames together with the DNI would have been used but of the researches made as of the documentation brought only has been able to be figured that he identified with the name and surnames, which is considered adjusted at the beginning of quality of the data in the aspect of proprocionalitat.

Applied articles: 4 LOPD, 89 Decree 278/93.

The Town Council it has implemented a telephonic system of attention to the citizenship on the subject of social services that what he orders did not respect the LOPD since it did not inform the interlocutor persons of the extremes of article 5 having the LOPD.

Applied articles: 5 LOPD, 44.2 c) LOPD.

The publication for edict of an advertisement in the corresponding official bulletin (BOP), related to a sanctionative report, without consent of the affected person, especially if this is under age, it would be adjusted to the regulations of data protection if it includes, only, the necessary minimum information (art. 46 LPAC and art. 58.5 Law 26/2010). In particular, the advertisement could include the name and surnames of the affected persons and the four last figures of the DNI, avoiding to indicate a sanctionative report that the notification is related, to the Ordinances related with the offense, and to the concrete committed offense.

The Local Council is in the request of the provision, as well as the data related to the members of the economic unit of communal life that the additional seventh disposal of the Law 2/2014 foresees expressly authorized to check out the contained information, without the consent of the applicant.

In the present case is considered that to use the particulars of contact of the ex workers, who keep themselves blocked, to the effects of accomplishing a legal duty -as notifying a claim of access lodged in the face of the Commission of Guarantee upward of Accés to them to the Public Information- would not be contrary to the regulations of data protection.

The article 2.2 and 2.3 of the RLOPD orders that the Regulations are not applicable to the data processing related to juridical persons, and that the data related to individual employers, when they refer in its quality of traders, industrialists or shipowners, have to get along excluded from the regime of application of the protection of personal character data. The nature of the data that is requested related to the name of the headline of the activity of picnic ("Date of approval of the license or of the communication as well as the name of the headline of the activity and the type of activity that develops"), it refers to data linked strictly to its activity, and therefore, these would not find proteges for the regulations of protection of particulars, motive by which the legitimacy of the communication of these data has to be analyzed from other rules.

In accordance with the valid regulations in the moment of issuing this judgement, the supplying companies can communicate to the municipal social services, without consent of the affected persons, the data identificatives and of contact necessary (name and surnames of the headline of the service, its NIF/NIE, and the address of the supply -physical address-, telephone or electronic mail address, and number of supply contract), to be able to contact these, in a previous way to a cut of supply being produced, in order to elaborate the pertinent report (art. 6.4 Law 24/2015). There is not sufficient legal habilitation to communicate the other indicated data to the municipal social services, on the part of the supplying companies, in the terms pointed out in the consultation. For the communication of this other information, the consent of the persons affected, in the exposed terms, would be necessary.

The regulations of data protection do not prevent, with general character, the access on the part of a member of unit of the CME, to the information about the identification numbers (FULL), and the professional category of the staff ascribed to this Unit who has been rewarded with public congratulations between years 2010 and 2016, the date of concession, and the performance that has motivated this congratulation. All this, without harm that there are concrete suppositions in which, for the circumstances of the case, it can be advisable to limit the access for reasons of personal security, in accordance with the article 24.2 of the LTC. However it is not considered justified to facilitate the data related with the staff ascribed to the same Unit that has not received public congratulations. The regulations of data protection do not block the access to the number of TIP, charge, professional category of the responsible for assigning the tasks to the staff who intervened in the squad of afternoons that he took part in the case Germanwings, either. However, it is not considered justified for attaining the purpose of transparency that pursues the access, to facilitate the data of the staff who worked in the mentioned case.

In accordance with the valid regulations in the moment of issuing this judgement, the supplying companies can communicate to the social services, without consent of the affected persons, the data identificatives and of contact necessary (name and surnames of the headline of the service, its NIF/NIE and the address of the subminstrament -physical address-, telephone or electronic mail address, and number of supply contract), to be able to contact these, in a previous way to a cut of supply being produced, in order to elaborate the pertinent report (art. 6.4 Law 24/2015). In these cases the social services can also inform in the company about if it coincides or not the foreseen supposition (art. 5.10 Law 24/2015). There is not sufficient legal habilitation to communicate the social services data, on the part of the supplying companies, related to cases of impagaments in a way general and preventive, and in relation to an indeterminate number of persons. The affected persons have to be able to exercise the law of opposition (art. 6.4 LOPD and 21 RGPD).