Resolutions, opinions and reports search tool

It is not considered adjusted to the regulations of data protection to request a consent for the data processing on the part of the entity and on the part of third companies in the same clause in a generalized way or indistinta. It is necessary to inform the users of its data retiring so that the entity makes determinate discount and, in a differentiated way, to request third companies the consent to hand over the data (art. 11 LOPD). When a new company incorporates into the project it is not necessary to make a new communication to all the users registered before giving way the data (not even, logically, it will be necessary to receive acknowledgements of receipt), whenever the information is given in the terms pointed out in this judgement (sufficient concretion of the purpose of the treatment, of the type of activity of the companies, and update of the listing of companies in the web page of the entity). In application of the article 5.4 of the LOPD, it is not necessary that the addressee companies of the data inform the users, whenever these have been informed previously by the entity.

The data processing of personal character is coming related to the health when a law, for reasons of general interest, like this orders it. The access to the information about the prescribed medication corresponds to the medical staff responsible of the diagnosis or treatment of the patient. Applied articles: 7 of the LOPD; 8 and 85 of the Law 29/2006; 11 of the Law 21/2000.

The engraving of images and sounds on the public way made by the Forces and Security Corps, once the preceptive authorization has been obtained, is legitimate. In turn, the treatment through the cameras subjected to the police regime does not require the creation or the inscription of a file. Applied articles: 2 LOPD; 1 and 9 HIM 4/1997; 11 Decree 134/1999; 4, 9 and 12 Instruction 1/2009.

The catchment of images through systems of videovigilància requires to give fulfillment to the law of information through the placing of the preceptive informative posters, and it is not allowed to pick up images on the public way, unless the forces and security corps in accordance with its specific regulations carry it out. Applied articles: Arts. 5, 4.1, 44.2 d) and 44.3.d) LOPD, 5.4.b) and 12 Instruction 1/2009

Claim estimation law of access. When the object of claim is the lack of answer, the accreditation of the presentation of the request of access before the responsible for the file and the lack of allegations of this in the procedure of protection entails the estimation of the claim. The responsible for the file is forced to replying the request of access in the deadline of a month even if it does not have the particulars with respect to which the access is asked for. Applied articles: Arts. 15 LOPD and 29.1 RLOPD

Claim estimation law of access. When the object of claim is the lack of answer, the accreditation of the presentation of the request of access before the responsible for the file and the lack of allegations of this in the procedure of protection entails the estimation of the claim. The responsible for the file is forced to replying the request of access in the deadline of a month even if it does not have the particulars with respect to which the access is asked for. Applied articles: art. 15 LOPD and 29.1 RLOPD

Existence of legal habilitation for the publication of the applied results of a selective process in the web site of the Article Town Council: 11 LOPD, 59.6 b) and 60 LRJPAC, 80 Decree 214/1990 and art.12 Law 11/2007

An illicit communication of data of personal character is considered, the diffusion of documentation that contains particulars made in third one without having the consent of the affected person nor legal habilitation that protects this cession. Applied articles: 3.i), 11 and 44.3 k) LOPD

Breach of duty of secret to be on the way it publishes documentation that contains particulars. The foreseen warning applies 45.6 LOPD to itself in the article. Applied articles: 10, 44.3.d) and 45.6 LOPD