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After starting a sanctionative procedure against an organization for the leak of a document (which later was spread through internet), it is decided to stay procedure in basis at the beginning of personality that is in force in sanctionative matter, since it is ignored which of the different organs and responsibles of files that accessed legitimately the document in question, would have harmed the duty of secret.

The request of a juridical report in the APDCAT does not suspend of the rights of access, cancellation rectification and opposition the deadline to solve the request of exercise. The fact that in the object information of access personal information referring to third parties is evident for yes same is not sufficient reason to prevent the effectiveness upward from access. Applied articles: 15 LOPD; 27, 29 and 30 RLOPD; 42.5 Law 30/1992

The claim of protection of the opposition law from a formal optics not to solve the request is estimated in the deadline of 10 days, and also as for the background, since the course of the deadlines of contestation of the events of the selective process communicated across the municipal web is a motive legitimate and set up to oppose to this diffusion. Applied articles: Art. 4, 6.4 and 11.2.a) LOPD, 59.6.b) LRJPAC and 12 of the Law 11/2007

The stay of the PS is proposed, since within the framework of the evidential period it has been ascertained that who it elaborated and spread the controversial document that contained particulars of the patients of the Sanitary Consortium from the Anoia with cancer was the Catalan Institute of Oncology, who acted as person in charge of the treatment. A PS in the ICO is initiated for these facts.

The management of the supply d’aigua of l’Ajuntament is a municipal public service that implies the data processing by itself personal necessary to be able to loan and to charge the service to the user citizens. In case that l’Ajuntament s’hagi configured as a responsible for the treatment and the corresponding contract d’encàrrec with l’empresa has established dealer of the service, l’Ajuntament can access in any moment to the linked particulars the provision of the service. In case there is not this contract d’encàrrec and the responsible for the file was l’empresa dealer, the communication of particulars from the files of l’empresa dealer in l’Ajuntament it could find habilitation well in the consent of the user persons, or in l’article 11.2.c) of the LOPD.