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The complaint is filed since there is not any test or evidence that allows to sustain the undue access and posterior cession to third parties of data of health related to the accusing person.

Applied articles: 53.2 Law 39/2015.

To allow that non authorized persons can access to|in the complete contents of the agreement of beginning of a disciplinary report, is an illicit treatment of data especially proteges related to the commission of administrative offenses, and it|he is constitutive of an offense very much severe.
* Resolution canceled by|out of|for sentence of date 05/06/2020 no. 1870/2020 of the Court Superior|Upper of Justice of Catalonia (resource|appeal of appeal no. 761/2018).

In the custody of documentation managed by the unit of register of entries and exits people have to prevent from non authorized persons being able to access the documentation with particulars. While such access was not blocked the principle of security of the data harmed, what is constitutive of a severe offense.

Applied articles: 9 and 44.3.h LOPD; 108 RLOPD.

As a result of an inspection carried out after breaking 2 requirements for 2 resolutions of the Apdcat, several offenses have been detected on the subject of data protection. In first place, about the fulfillment of the law of information when the forms of the Town Council are not used. In second place, for breach of the principle of quality of the data when maintaining lists of selective processes in internet beyond the justified deadline with particulars. And in third place, to harm safety measures: periodicity of passwords and deposit of particulars in open, accessible boxes as a step previous to its destruction.

Applied articles: 4, 5, 9, 44.2c), 44.3c) and 44.3 hr) LOPD, 92.4 RLOPD.

The right to the protection of the data of personal character does not prevent from facilitating a town councilor a listing with the data requested about complaints or sanctionative reports open to the establishments of night leisure of the city, including the trade name of these establishments. However, the access to the identificatives data of the infractors who are physical persons (individual employers) does not seem that it is justified to attain the supposed purpose.

The public administrations have to check that the third lenders of services and of systems of communication fulfill their responsibilities, it is already as persons in charge of the treatment or, if it is proper, as responsibles for the treatment of the data of the users (in the case of the SMI), since the treatment is subjected to the demands of the principles and guarantees of the European regulations of the protection of data (LOPD, RLOPD, and RGPD). When they consider the choice of a determinate system of instant messaging (SMI) they should take the purpose of the communication, the personal information which it is necessary to treat, into account, especially; the consent of the affected ones; the model of security and the evaluation of impact and the concrete applied safety measures; the mechanisms of certification; the international transfers from data and the location of the servers; the law of information and the transparency, in attention to the forecasts of the European regulations of protection of data.

The public administrations, in order to make cash the right of the citizens not to bring the documents that it has elaborated the same one or another administration, they can access the data necessary for the concrete procedure with regard to the legal habilitation that the article offers 28.2 LPAC, always that the affected person has not opposed there or that treats itself of data with respect to which it is required the consent express for its treatment, how the foreseen data would be in the articles 7.2 and 7.3 of the LOPD. All this without harm of the need to fulfill the rest of derived duties to the regulations of protection of data, especially of the principles of proportionality or minimization and of the information to the persons affected in the exposed terms in the juridical foundations of this judgement.

The diffusion of the particulars contained in the object of the contracts is not considered, with general character, strictly necessary for the fulfillment of the duties to transparency on the subject of public recruitment. The diffusion of these data could be contrary to what articles 23 and 24.2 order in relation to the article 7.1 of the Law 19/2014.

The claim estimates partially only with respect to some requested concrete datum, and is rejected in the essential one, either because the requested documentation is not part of the clinical history, or it does not exist, or figure in the clinical history of another responsible for the file, which the request of access should address.

Applied articles: Art. 15.2 and 18 Law 41/2002 and 100i 13 Law 21/2000.

The revelation in the hierarchical superior and other heads of the identity of the worker that the complaint formulated about technical problems and organizational is not deserving of reproach through a sanctionative procedure, since, although it is true that to solve the complaint such revelation was not necessary, this would be inherent to the condition of union representative and member of the works committee of the worker.

Applied articles: Art. 4, 10 LOPD, 58 Law 39/2015.