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Offense of the quality principle of the data, in its aspect of proportionality. The Town Council a Decree of mayor's office -relative to the cessation of determinate persons as an interim staff- published in its institutional web that it contained more particulars of the strictly necessary ones (name, surname and complete DNI of the affected persons). Applied articles: arts. 44.3.c), 44.1, 11.2.a), 45, 46 LOPD; arts.37, 59, 60 Law 30/1992; arts. 27, 58 Law 26/2010; art. 291 DLEG 2/2003, art. 94 D 214/1990.

The remission to a Court and on the occasion of an administrative contentious resource of a sanctionative report where documentation that includes data of other persons appears that are not a part in the judicial procedure and do not keep any relation with the juridical controversy, it constitutes a severe offense. Applied articles: Art. 11.2.a), 11.2.d), 44.3.k) LOPD, 10.4.b) RLOPD, 10.2.b, 10.4.c) RLOPD, 48.4 LJCA, 46 Law 26/2010, 7.f) Directive 95/46/CE

The revelation of particulars to third parties constitutes a breach of the duty of secret, if this revelation has been produced by a punctual error even comés infractor for an employee of the entity, in accordance with the regime of responsibility established in the LOPD. Applied articles: 44.3.d), 10 and 43.1 LOPD; 130 Law 30/1992

The files of the Corporation that formulates the consultation will be considered files of public nature, on being all functions that the Corporation, functions of public character, has attributed. The approval of these files can be carried out through an agreement of the Corporation, which later has to be published in the DOGC and notified to this Authority for its inscription in the Register of Data Protection of Catalonia.

The lack of answer of the responsible for the file in front of the request of rectification of the fiscal address entails the estimation for formal reasons of the claim. Regarding the background, the lack of information about the scope of the delegation of competences, the condition of person in charge of the treatment and the scope of the contract of person in charge they lead to considering that the Town Council, as a responsible for the file, was the entity forced to rectifying the address fiscal of the claimant. Applied articles: Art. 12 and 16.4 LOPD, 26 and 32.3 RLOPD, 9.bis.2 RDL 339/1990

The complaint lodged against the director of an educational center is filed to remit a request of urgent meeting call shown by some members of the school Council, to the rest of members of this council, to the cloister of the teaching staff and to the inspector of the institute. It is considered that the mentioned addressees were legitimated for accessing the information, its functions and the concurrent circumstances attended to. Applied articles: Article 10 LOPD.

The personal collection and data processing without approving the corresponding general disposal of creation of the file it is constitutive of an offense severe. Applied articles: 20 LOPD; 52 RLOPD.

If in a sanctionative report documentation appears that it includes data other persons against which reports sanctionative of the same nature have been initiated, when on the occasion of a lodged contentious resource for a person the documentation that includes data of others keeps to the Court, it constitutes an offense very much severe, to communicate to third data of administrative offenses applied Articles: Art. 7.5, 11.2.d), 44.4.b) LOPD