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The lack of safety measures is constitutive of a severe offense. The installation of some open boxes of cardboard where the object documentation of rejection is deposited, is contrary to the safety measure related to the document management and supports since they do not avoid the access to the information that it contains or its posterior recovery. Likewise, it is necessary that the register of incidences is implemented. For his part, the lack of subscription of the corresponding contract with the companies that they loan the service of collection and destruction of documentation that contained particulars is you consist of a slight offense. Applied articles: 9, 12, 44.3.h and 44.2.d LOPD; 90 and 92 RLOPD.

The insurer entity can request to access the particulars of the headlines of the private areas of hunting where an accident has taken place for collision with an animal hunting, in order to carry out the claim of the responsibility that derives from it, by virtue of the habilitation that it confers it Law 30/1992, of 26 November, of juridical regime of the public administrations and of the procedure administrative majority.

The access of a town councilor to the information about the persons selected within the framework of a Plan of municipal employment and if these are residents to the city, it can agree protected by the law of the town councilors on consulting, the documentation of which the Town Council including orders the data of personal character contained in the information that they request, in the exercise of its functions independently of its condition or not of member of the team of government. In case this information contains data related to the privacy of the persons, it will be necessary to facilitate the information so that the right to the privacy of the persons affected, either through the anonimització, or through the partial access, remains preserved.

The files of the sport councils destined exclusively to the data processing for to attain the purpose of managing or to execute the policy and sport activities of the Administration of the Generalitat and of the local entities, it can be considered that the rest of requirements of the article obey to the exercise of functions public and, therefore, in being fulfilled 156 b) of the EAC in connection with article 3 hr) of the Law 32/2010, of the 1 October, of the Catalan Authority of Protection of Data, they would be of the competence of this organization. In return, the files that incorporate data beyond this objective, they would not remain included in the competence area of the Catalan Authority of Protection of Data.

The claim of rights protection is rejected because the person affected, prior to the presentation of the claim in the face of the Authority, had not requested the access to its particulars consistent in the images in an eventual way picked up by the systems of videovigilància of the entity claimed under protection of the LOPD, but within the framework of an administrative procedure of patrimonial claim she proposed the incorporation of the images as a test in order to prove the facts in which it sustained its claim. Applied articles: Article 15 LOPD, art. 80 of the Law 30/1992.

The claim of rights protection for breach is loved upward of opposition, since the responsible for file did not exclude the data related to the affected one from the treatment, when such exclusion proceeded. Applied articles: Article 6.4 LOPD, and 34 and 35 of the RLOPD.

The utilization of containers of cardboard opened to deposit the clinical documentation rejected, as a step previous to its destruction, as well as the lack of one of a document of security that contemplates the whole of files or treatments, infringes the principle of security of the data. Offense by lack of contract of person in charge, in particular, not to fix the concrete safety measures that the person in charge of the treatment has to implement in the contract that governs the rendering of services for one third. Applied articles: 44.3.h), 44.2.d), 9 and 12 LOPD, 88 and 92.4 RLOPD, DA 26th RDLEG 3/2011.

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 of access applied Articles: Art. 15 and 44.3.e) LOPD, 27 and 28.1.b) RLOPD.

The collection of particulars through the official form that the CatSalut has put at the disposal of the offices of pharmacy so that the persons that they manifest fill in the will of not paying the rate about the medical recipes, without including the informative legend required by the art. 5.2 LOPD, is constitutive of slight offense. On the other hand, the demand of contribution with this form of a copy of the DNI of these users constitutes a severe offense it to be itself a matter of excessive data. Applied articles: Art. 4.1, 5.2, 44.2.c) and 44.3.c LOPD

To allow the consultation of a document with particulars across internet is constitutive of a severe offense. The duty of secret aims that non authorized third parties cannot access particulars. The person in charge of the treatment is responsible for the offenses which he has committed personally. Applied articles: 10, 12 and 44.3.d LOPD.