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The lack of informative posters of the existence of the video cameras is constitutive of a slight offense. Applied articles: 5, 44.2.c of the LOPD; 12 of the Instruction 1/2009.

The lack of implementation of the safety measures portrayed to the RLOPD is constitutive of a severe offense. The duty of custody implies to guarantee the documentation that is in process of revision or procedure that non authorized persons do not access. To consider task the offense does not require a lesiu result to itself, but the generation of a situation of risk or danger not to have the exigible safety measures implemented is sufficient. Applied articles: 9, 44.3.h LOPD; 108 RLOPD.

The claim of cancellation is loved for not having given answer in the specified period to the effect. Applied articles: Art. 16.3 and 22.4 LOPD, 23.1 and 32 RLOPD

The data processing that can be produced with regard to the subscribed Agreement has to remain collected in the file of the Town Council (article 20.2 of the LOPD). It is recommended to make an analysis of whole of the files already existing from the Town Council, related with the performance of the local police, and of the object file of consultation, to the effects of avoiding, if it is proper, duplicities of treatments. Regarding the section related to the purpose and uses of the file, it is necessary to take the regime that the article 22 of the LOPD foresees for the police files, depending on its administrative or police purposes, into account. In case determinate informative flows, among others, are foreseen with the RESCUE network or the Center of Attention and Management of Calls of Urgency 112, this section of the file should collect it suitably.

In relation to the data processing of the users of Whatsapp and of Spotbros placed in Spain, the principles and guarantees of the LOPD are applicable. Without harm of the responsibility about the treatment of the data of the users of the apps that can correspond to the respective companies (Whatsapp and Spotbros), the lawyer has specific a degree of responsibility with respect to the treatment of the data of its customers, who the choice of the canals of communication more suitable with its customers includes. As much Whatsapp as Spotbros make clear in the information of the respective web pages that the respective apps cannot guarantee the security of the information sent using. Taking into account this, together with several detected vulnerabilities, and since in the context of the relation between lawyer and customers it can be usual the sensitive communication and data processing (article 7 LOPD), the utilization of the applications of Whatsapp and of Spotbros is not advisable, in relation to the security required by the LOPD and the RLOPD.

The Town Council can use the data of the Municipal Census of Inhabitants, who are strictly necessary to communicate with its citizens whenever this communication aims at the exercise of some municipal competence. Applied articles: 4 LOPD, 15 and 16 LRBRL, 39, 40, 66 and 154 TRLMRL

The collection of particulars through forms that put themselves at the disposal of the persons that want to make a complaint, a suggestion or a consultation, without including the informative legend required by the art. 5.2 LOPD, is constitutive of slight offense, being an irrelevant question if afterwards these data undergo or not to automated treatment, or the eventual reduced number of used forms applied Articles: Art. 2.1, 5.2, 44.2.c LOPD

Offense of the principle of information, since the informative legend incorporated into the facilitated electronic forms for the PG-ME in its institutional web, that they were complimented by the persons who loaned its collaboration with the police in order to identify determinate persons which image it was spread by the same web, they did not inform correctly of the name and purpose of the file where the collected particulars were incorporated. Applied articles: 44.2.c) and 5 LOPD

The complaint is filed because the communication of an administrative event -which contained particulars- through which he executed itself considers itself a sentence that declared one of the tests of the procedure null, since the communication limited itself to the persons who had taken part in this process, in such a way that they were interested and they had the right to accessing this information, lawful. Applied articles: 11 LOPD, 58 LRJPAC and 103 and ss Law 29/1998