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The publication in the intranet of a University, through a directory, of the data of its pupils so that the teaching staff can contact them for motive of its studies, as well as to facilitate the contact among the pupils, it constitutes a cession of data that, the lack of legal habilitation attended to, it requires to have its consent, which can be obtained through different means, as, through the sending of an electronic mail whenever the established requirements are gathered in the article 14 of the RLOPD.

The main catchment of public places is constitutive of severe offense through cameramen of videovigilància without the concurrence of legal habilitation or without the consent of the affected persons. A severe offense is also the breach of the principle of proportionality to treat images of persons who go on the public way in an excessive way in relation to the purpose pursued (surveillance of the facilities). Applied articles: 4, 6, 44.3.b and 44.3.c of the LOPD; 5 of the Instruction 1/2009; HIM 4/1997; Decree 134/1999.

The implantation of a system of videovigilància with recording of images with purpose of security of the building, without the previous creation of the file through general disposal, constitutes a severe offense. On the other hand, a severe offense is the breach of the principle of proportionality to treat images of persons who go on the public way in an excessive way in relation to the purpose pursued (surveillance of the facilities). The juridical qualification of the facts imputed in the fold of charges does not link the proposal of resolution. Non bis in idem principle. Applied articles: 4, 20, 44.3.a and 44.3.c of the LOPD; 5 and 9 of the Instruction 1/2009; HIM 4/1997; Decree 134/1999.

The diffusion, made through electronic mail, of a complaint that contained data of personal character and that went directed to a plurality of addressees, constitutes an offense of the LOPD, since to make this communication the consent of the affected person is necessary or legal habilitation that protects this cession. Applied articles: Articles 3 and), 11, 44.3 k) and 45.6 LOPD

The Town Council, as titular public administration of the service, will be able to access all the personal information that has treated like management of sport facilities the dealer entity for the provision of the service. The communication of particulars from the files of private titularity of the dealer entity in the Town Council could find habilitation in the article 11.2.c) of the LOPD, if the customers of the dealer entity, in the moment of giving its particulars, know the municipal titularity of the service, in so far as these data are necessary to be able to develop, to fulfill and to control the juridical relation that the company maintains with them and that they have freely accepted. The Town Council, as an assign of the data that the dealer entity facilitates him, taking into account that it has not collected the data directly of the person concerned, should comply with the duty of information in accordance with the section 4 of the article 5 of the LOPD, unless the interested persons have been informed of it formerly.

The Town Council, as titular public administration of the service, will be able to access all the personal information that has treated like management of sport facilities the dealer entity for the provision of the service. The communication of particulars from the files of private titularity of the dealer entity in the Town Council could find habilitation in the article 11.2.c) of the LOPD, if the customers of the dealer entity, in the moment of giving its particulars, know the municipal titularity of the service, in so far as these data are necessary to be able to develop, to fulfill and to control the juridical relation that the company maintains with them and that they have freely accepted. The Town Council, as an assign of the data that the dealer entity facilitates him, taking into account that it has not collected the data directly of the person concerned, should comply with the duty of information in accordance with the section 4 of the article 5 of the LOPD, unless the interested persons have been informed of it formerly.

For application of the article 11 of the LOPD, unless there are other rules with legal rank different to the analyzed ones that fit out the cession of the data, it is necessary to order in any case of the consent of the headlines of the data, in order to communicate the union the listing in what correlates public employees with name and surnames and total amount to perceive for social helps. If the rules of Regulation of the composition and functioning of the Commission of Action Social they make clear the participation of the union representatives in the awarding of the helps, and to more, the public call of the helps also allows to know clearly to the workers who it show a request that the union representatives who are part of the Commission will be able to have access to the data, the communication of the data to these representatives could be carried out. With respect to the data of health, for application of the article 7.3 of the LOPD, the particulars that the interested person has agreed expressly can be handed over the union section.

The access to the particulars of the Census on the part of the department of social services of a same town council is not purely a cession of data, since it is part of the same juridical person, but it will only be possible if the purpose by which it is requested is compatible with that of the Census and the address datum is relevant. Its communication but, to another public administration, without consent, yes that a cession that it finds is a habilitation, in the examined case, in the LRBRL, since it would be carried out for the exercise of legally attributed competences and for matters in which the address is relevant. The cession of data different to those of the Census to another administration, without consent, for to carry out performances on the subject of prevention, attention, assistance, protection, recovery and integral repair of situations of violence chauvinistic, it has legal habilitation, so many in the LOPD itself, on it to be itself a matter of a cession among administrations for the exercise of competences that deal about a same matter, as in the Law 5/2008, of the 24 April, of the right to the women to eradicate the chauvinistic violence.

The cameras of videovigilància installed for the control of accesses, cannot be used for different purposes, as the control of the trballadors of the center. On the other hand, it is necessary to keep vigil so that the places of placements of the cameras and the viewing angles are the ones adapted to attain the purpose approved for the system of videovigilància. Applied articles: 4 of the LOPD, 44.3.d of the LOPD and 7 Instruction 1/2009

The implantation of a system of videovigilància with recording of images with purpose of security of the building, without the previous creation of the file through general disposal, constitutes a severe offense. On the other hand, a severe offense is the breach of the principle of proportionality to treat images of persons who go on the public way in an excessive way in relation to the purpose pursued (surveillance of the facilities). Applied articles: 4, 20, 44.3.a and 44.3.c of the LOPD; 5 and 9 of the Instruction 1/2009; HIM 4/1997; Decree 134/1999.