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The files of the Consortium, like entity of public law of associative character, with own legal status, ascribed to the Generalitat, are considered files of public titularity, on being the responsible that it shows the titularity an entity for public law. Any modification or suppression of these files or the creation of others of new has to be notified to the Catalan Authority of Protection of Data for its inscription.

The Judgement examines the protocol of performance in the face of the exercise of the rights of access, rectification, cancellation and opposition to the Shared Clinical History of Catalonia (HC3), that are considered suitable, to the forecasts established to the regulations about protection of data of personal character, whenever several considerations are taken into account, in relation to the forecasts contained in the LOPD and the RLOPD regarding the exercise of the rights I ARCO.

The right of foreseen access to the regulations on the subject of protection of data includes, among other aspects, the right to know the use that has been made of the data related to the number of DNI and to he registers it of several vehicles of that physical person who requests it, and the concrete data that have been communicated to third parties, indicating the motives by which these data have been consulted.

The catchment of images of identified physical persons or identifiable with purposes of surveillance in public spaces and on the public way corresponds, normally, to the forces and security corps. Exceptionally this catchment in the outer spaces of the precincts made could be accepted as valid by a company of private security if, previous shapeless of the Commission of Devices of Videovigilància Control, is counted out with the corresponding administrative authorization in accordance with the Law of private security and the HIM 4/1997. Likewise, other precincts, once their characteristics had been attended to, could manage to be considered private like spaces during its timetable of closing.

Since in the law of information requested only identificatives data of the author architects of determinate projects authorized by the Town Council would figure, without, for the information of which it is ordered can be concluded that other rights are affected with the revelation of this information, the law of access to the information would prevail in this case about the right to the protection of data of personal character.

The complaint is filed for having handed over the insurer company of the Town Council data of a report of patrimonial responsibility urged by the affected person, since such company had the condition of interested and therefore access to the report. However, two final considerations are made, the 1st about the fact that the law of access to the report on the part of the persons concerned is not absolute; and the 2nd about the importance to inform about the foreseen communications in order to allow to exercise the law of opposition, to owe that here would have been harmed but the eventual offense would have prescribed, already when the complaint to the Authority was received. Applied articles: 11.2.a, 5, 6.4 and 47 LOPD; 26 and 51 Law 26/2010 and 35.a and 84 Law 30/1992

The communication or cession of data (divulging of data to the municipal Plenum) without having the consent of the affected person nor the concurrence of a legal habilitation is constitutive of a severe offense. Applied articles: 3, 11, 43, 44.3.k, 45 and 46 LOPD; 5 RLOPD; 20 CE; 21 Law 32/2010; 98, 156 and 164 legislative Decree 2/2003; 130 and 131 LRJPAC.

The access on the part of third non authorized to the particulars that communicate the sanitary professionals and the user persons when these are attended to in a particular way it harms the duty of secret of the data and, consequently, greu.No is constitutive of an offense also to adopt the exigible safety measures in the collection of the data it is constitutive of an offense severe. Applied articles: 9, 10, 44.3.d, 44.3.h LOPD; 107 and 111 RLOPD.

The data processing personal inappropriate, non pertinent and excessive in relation to the pursued purpose, it is constitutive of an offense severe. Applied articles: 4, 44.3.c of the LOPD