Resolutions, opinions and reports search tool

The performances are filed given that the illicit performance, consistent in spreading the condition of police in a blog local of a third person without its consent not even legal habilitation, was made from the conviction that he could make it, for the fact that the same datum appeared published in internet, in particular and among others, in an official newspaper, which is a source accessible to the public.

Applied articles: Art. 3.j), 6.2, 44.3.k) LOPD.

The access on the part of a sanitary professional to the clinical history of a person, without its consent and without this access being justified by any welfare reason, a breach of the principle of confidentiality of the data means. The responsibility of the offense falls on the responsible for the file even if that one who has materially committed the offense has been a physical person in the service of the responsible.

Applied articles: 10, 43, 44.3.d) LOPD; 11 Law 21/2000.

The access to the clinical history of a person, without its consent and without this access being justified by any welfare reason, a breach of the principle of confidentiality of the data means. The expedition of a recipe to name of a person, without any welfare reason that justifies it, supposes an illicit treatment of data of health constitutive of a very severe offense.

Applied articles: 7.3, 10, 44.3.d) and 44.4.b) LOPD, 11 Law 21/2000.

The regulations of data protection are not applicable to the engraving of images on the part of the assistants during the process of burial whenever the engraving is carried out with a purpose that can be qualified as staff or domestic. Whenever the purpose of the engraving is circumscribed to the personal and family area and that the posterior use does not exceed this area, the workers who carry out the process of burial will have accessory character and, therefore, illegitimate interference will not be able to be appreciated in the personal right to the image itself.

Regarding the information about the nominal relation|relationship of all the candidates who have taken part in the different processes of provision of jobs to the penitentiaries of Catalonia summoned to the ATRIUM portal, the regulations of data protection do not block the access to the identity of the selected candidate. However, the generalized access to the particulars of the rest of not selected aspirant persons is not justified. Regarding the information related to the merits and valorizing aspects|looks that they have been taken into account in the choice of each of the selected candidates, the regulations of data protection personal it|he|she does not prevent to give access to the representatives of the workers to the information about the punctuation|score with respect to these merits and other valorizing elements that the candidates have obtained finally selected.

The archive is appropriate when evidence of the commission of foreseen offenses is not observed in the LOPD. Has not been detected that non authorized persons had accessed the clinical history of the patient.

The claim is rejected regarding the background, to consider pertinent the denial of the cancellation of the police data of the person complaining stored in file. However some changes are recommended in the model of cancellation request that the DGP has at the disposal of the citizenship.

Applied articles: 4, 16, 22, 23 LOPD; 3 31 and 32 RLOPD.

The requests of access have to be solved and notify in the deadline of a month. The law of access does not include the information related to the identification of the concrete persons users who treat the data, but to the information about eventual communications in centers third different of the responsible for the file or treatment.

Applied articles: 15 LOPD; 29 RLOPD; 18 Law 41/2002; 12 and 13 Law 21/2000.