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The cession of particulars of the file “Alumnat of educational centers dependent on the Department d’Ensenyament” towards a town council, for such d’identificar the beneficiaries d’una subsidy for l’adquisició of textbooks, to notify this condition to them and to determine l’import, in l’empara of l’article 21 of the LOPD she can be contrary at the beginning of purpose, for which it would be necessary to appraise the possibility d’emprar other mechanisms for l’obtenció of the information necessary for its procedure and awarding that more garantistes are upward to the protection of particulars.

The communication of the reports d’avaluació of the activities of a plan of formation, which includes the data of appraisal of the teachers, in an autonomous organization for l’exercici of its functions, constitutes a cession of particulars that habilitation finds in l’article 11.2.c) of the LOPD. L’accés but to this information on the part of the members of an organ registered in the professional association of this autonomous organization it requires to have the previous consent of the teachers, since its knowledge does not seem to be necessary for l’exercici of its functions. The creation d’un virtual environment private to share this information of personal character, he requires l’adopció of the safety measures of basic level.

It is stated that the Town Council has committed the foreseen severe offense in the article 44.3.k) to hand over a journalist data about an administrative report in formality. Applied articles: Articles 44.3.k) and 11, both of the LOPD.

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 from access. Applied articles: Art. 15 and 44.3.e) LOPD, 27 and 28.1.b) RLOPD.

The installation of cameramen of videovigilància which they allow to pick up and to engrave images of identified physical persons or identifiable made by the Police of the Generalitat de Catalunya-Police without having the preceptive authorization that it requires the specific regulations applicable and without having the consent of the affected persons it constitutes a data processing personal that his determining the LOPD is contrary to that. Applied articles: 2.3 e), 6 and 44.3 b) LOPD, 1.1, 2.2, 3.1 and 10 HIM 4/1997, 7, 8.4 and 10 Decree 134/1999, Instruction 1/2009

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: 44.2.d) and 12 of the LOPD; DA twenty-sixth RDL 3/2011

The outsourcing of a service on the part of a person in charge of the treatment, which in turn is an adjudicator of an administrative contract, has to fulfill a series of requirements that concern it directly: a) treating the data of personal character in accordance with the instructions of the responsible for the file or treatment, b) that the person in charge of the treatment (the adjudicator company of the contract) and the subcontracted company they formalize a contract in the terms of the article 12.2 of the LOPD, c) that he identifies in the contract formalized between the responsible for the file and the person in charge of the treatment, the company with which has to be subcontracted (in case this is not possible, the person in charge of the treatment, previous to the outsourcing, it will have to communicate to the responsible for the file the identification of the subcontractor); and, d) that in the contract formalized between the responsible for the file and the person in charge of the treatment the services that can be an object of outsourcing is foreseen expressly. The noncompliance of any of this requirements it means an offense to the regulations of data protection. Applied articles: 44.2.d) and 12 of LOPD, 21 RLOPD, 227 and DA twenty-sixth of the RDL 3/2011

The diffusion through the institutional web of the Town Council of the data related to the persons who shape the Board of Directors of an association, constitutes a cession of data, since any of the exceptions to the consent foreseen is not applicable to article 11.2 LOPD. The nature publishes of a municipal register it does not legitimate the diffusion of the data that this contains for means that they are not the foreseen by the regulations. Applied articles: 44.3.k) and 11 LOPD

The implantation of a system of videovigilància with recording of images and voices with the purposes of security and of recording of the full sessions in order to elaborate the minutes of the corresponding Plenum, without the previous creation of the file through general disposal, constitutes a severe offense. Applied articles: 20 and 44.3 to) LOPD, 52 RLOPD and 9.1) of the Instruction 1/2009