Resolutions, opinions and reports search tool

The prescription of the offense entails the extinction of the eventual administrative responsibility. The inclusion of the whole of the data of identification of the person denounced in the text of a complaint formulated before the Police of the Generalitat-Police, would not be according to the regulations of data protection. Applied articles: 4.1, 11, 44.3.c), 44.3.k)

The claim of rights protection is loved for reasons of form. 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 a series of recommendations to the responsible for file in relation in the way these data are found stored are made. Applied articles: Article 16, 22.4 and 23. 1 LOPD

In spite of the public character of the plans of urbanistic ordering, the publication on the part of the Town Council of the allegations carried out about a Plan of Municipal Urbanistic Ordering, in those cases that contain particulars, it has to give fulfillment in the duties and the principles established in the LOPD and, in particular the principle of quality of the data. The publication has to allow to inform to the citizens about the contents of the allegations and the answer of the Town Council, this having to without an unjustified sacrifice upward to the protection of personal character data of the persons that they have carried out its allegations to the municipal plan or of the persons affected by the information that can turn up in these allegations.

Facilitating to the member of a decentralized municipal entity a listing with all the annotations made in the Register to start off with between January 2011 and January 2015, in exercise of its right of access to municipal information, he could force, in attention to the circumstances of the examined case, the principle of quality of the data and mean a risk for the correct protection of the personal information of the affected ones. To these effects, it could be convenient to specify, in the measure of the possible one, with which purpose he requests the access, the area of municipal performance that is of its interest, the possible affected subjects or a period of concrete time. Otherwise, especially the possibility to facilitate the previous dissociation access of the particulars could be appraised.

The examined legislation fits out the communication of the data of the members of a professional School related to its name, qualifications, speciality, place of exercise and situation of professional exercise in the corresponding general Council of professional schools, to the effects of updating the central Register of professionals in order to, as a last resort, to guarantee the right of the consumers and users to know these data for the best defense of its rights and interests. Once the system of data communication proposed by the professional School to such effect had been examined, this could be considered suitable for the regulations of data protection.

The invocation of the law of reservation of the professionals that, appreciations or subjective annotations that they have been able to carry out, have intervened in the elaboration of the documentation that integrates the clinical history to those observations does not have to constitute an obstacle or an impediment in the access to the rest of included information in the same document and that does not work out affected for the mentioned circumstances. Applied articles: 15 LOPD; 27, 28 and 29 RLOPD; 13 Law 21/2000; 18 Law 41/2002

The EBEP and the they do not foresee YOU the communication to the representatives of the workers of the list of the persons who have taken part in formative activities. However, in accordance with Law 19/2013, and the functions legally attributed to the representatives of the workers taking into account, the data of which he treats itself and the public interest in the divulging of the information, the criteria of ponderation established in the article 15.3 of the mentioned Law attended to, the representatives of the workers could have access to the listing with identification of the name and surnames of the workers that they have carried out courses of formation, have programmed or have not programmed, during exercise 2014, without the consent being necessary of the affected ones.

It is considered accredited that undue accesses were produced to the clinical histories of the accusing persons; that in the register of accesses the denied accesses do not appear, and that the responsible for security did periodically not revise the information of control registered nor elaborated shapeless about the revisions carried out applied Articles: Art. 7.3, 9, 44.3.h, 44.4.b) LOPD, 103.1 and 103.5 RLOPD

It is considered that the imputed entity would have harmed the MS related to the register of accesses, due to not recording the information on the denied accesses; not having installed any mechanism that prevented its manipulation; and not to have revised -for the responsible for security- the recorded information nor to have elaborated the corresponding reports about these revisions. Applied articles: Art. 9 and 44.3.h) LOPD, and 103 RLOPD