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The noncompliance reiterated of the requirements for the Authority so that the law of access was made effective, after this law had been estimated formally in dictated resolution in a procedure of rights protection, is constitutive of the severe offense of obstaculització upward from access. Applied articles: Art. 15, 44.3.e) LOPD, 27 RLOPD

The access to given on account of third without giving fulfillment to the formal duties that the art establishes. 12 LOPD it is constitutive of a slight offense. In turn, the noncompliance of the safety measures is constitutive of severe offense applied Articles: 9, 12, 44.2 d) and 44.3 hr) LOPD; 88, 94 and 96 RLOPD.

The personal collection and data processing of the usuaria person of a social benefit on the part of the entity who processes it, it is a performance according to the LOPD. Applied articles: 16 and 17 Law 12/2007

The prescription of the offense entails the extinction of the eventual administrative responsibility. The access to the clinical history on part a sanitary professional, without consent of the affected person and without a welfare reason justifying it, a breach of the principle of confidentiality of the data personals.El means law of access he does not understand the right to access data of the users or employees. Applied articles: 10, 15, 44.3.d) and 47 LOPD; 27 RLOPD

In view of the request of personal information examined, is considered that the solution that would better allow to satisfy the law of access of the representative of staff, without because of that to reduce the right to the protection of particulars of the public workers, it would consist on facilitating each local policeman a monthly listing of the extraordinary works carried out together with an assigned fixed numeric code. This without harm that, later, if in accordance with these listings there was any circumstance that justified it, the identity of the affected worker could be revealed. On the other hand, the representative of staff could not access the payroll honest of the local policemen.

La DGSP no va atendre en el termini d'un mes la sol·licitud d'accés a diverses dades contingudes a instàncies presentades davant el CP. Pel que fa a l'accés a l'expedient clínic, el responsable és l'ICS i va tenir també coneixement de la sol·licitud, de tal manera que se'l requereix també per tal que faciliti l'accés a aquestes dades. Articles aplicats: Arts. 15 LOPD; 27 i 29 RLOPD; 18 Llei 41/2002 i 13 Llei 21/2000

The responsible for a file does not have the duty to inform the affected persons of his having formalized a contract of treatment person in charge. It is to him neither exigible that he redigs its consent, since in these cases the article 12 of the LOPD determines that trobariem no entity in the face of a cession of data. The contract of treatment person in charge him correct if he contemplates the whole of the foreseen extremes in the article 12 of the LOPD. Applied articles: 5 and 12 LOPD

It proceeds to love the claim since if the access is conceded, he has to be informed about the origin of the data and the communications carried out or foreseen. Applied articles: 15 and 23 LOPD: 27 and 29 RLOPD