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The claim of protection is rejected upward of access formulated for not having received answer in the deadline of a month, since the responsible for the file has proved that in this deadline he attempted to notify the estimatòria resolution upward of access, attempt which it allows that one has it to consider for been the duty to the responsible for the file of notifying the resolution in the mentioned deadline, without harm that persists the duty to practice the notification. Applied articles: 15 LOPD; 27 and 29 RLOPD; 58 and 59 Law 30/1992.

The claim of protection is rejected upward of opposition, since the request was not directed in front of the organ responsible for the object treatment of opposition. Applied articles: 6 and 11 LOPD; 34 and 35 RLOPD; 29, 32, 35 and 41 organic Law 5/1985; 21 Law 26/2010.

The lack of creation of the files is constitutive of a severe offense. The local entities in relation to the competences that they have attributed and that imply a data processing of personal character, have to have created, with previous character, the preceptive files through disposal of general character, that has to be published in the corresponding official newspaper and notify for its inscription to the Register of Data Protection of Catalonia depending on the Catalan Authority of Protection of Data. Applied articles: 20 and 44.3 to) LOPD.

During the procedure of the sanctionative procedure the town council has proved that against what had been imputed initially, it had published the disposal of creation of the files in the BOP previously approved, and had requested the inscription to the Register, motive for which the stay of the sanctionative procedure proceeds. Applied articles: 20, 44.3 to) LOPD; 20 Decree 278/1993.

The lack of creation of the files is constitutive of a severe offense. The local entities in relation to the competences that they have attributed and that imply a data processing of personal character, have to have created, with previous character, the preceptive files through disposal of general character, that has to be published in the corresponding official newspaper and notify for its inscription to the Register of Data Protection of Catalonia depending on the Catalan Authority of Protection of Data. Applied articles: 20 and 44.3 to) LOPD.

The estimation comes from cancellation upward when the inclusion and maintenance of the data of personal character in a file it is inapplicable, whenever no cause that allows its denial coincides. Applied articles: 4 and 16 LOPD; 31, 32 and 33 RLOPD.

Is recognized to a person the right of access to the documentation that it is part of the clinical history of a deceased relative, who has to keep according to the specified periods to Law 21/2000, in the writing given by the Law 16/2010. As for the reservation of the subjective annotations of the sanitary staff, it corresponds to the author professional of these annotations to formulate the opposition corresponding, and not to the responsible for the file. Applied articles: Arts. 15 LOPD, 27.1 RLOPD, 15 and 18.4 Law 41/2002, 10.1, 12.4 and 13.2 Law 21/2000.

The diffusion of information of the data of the staff of a sanitary Consortium, related to its names and surnames, profession and workplace across internet, in addressing oneself to an indeterminate plurality of addressees, constitutes a cession of data, and therefore its publication requires the consent of the affected persons, or in its fault, a rule with rank of law that fits it out. In the case of the medical staff of the Consortium and in order to make the choice of doctor possible, this diffusion in the corporative web would find his legal protection in the laws 41/2002 and 44/2003. In the case of the sanitary statutory staff not affected by the possibility of choice of doctor, and of the non sanitary statutory staff, the principle of quality and proportionality of the data will have to be priced by the Consortium at attention to the functions that have, the belonging of the diffusion of its data in the web of the Consortium, attributed always having into consideration. And in all cases, the duty of information foreseen in article 5 LOPD.

Offense of the duty of information by lack of informative legend in the tickets of complaint used by the local police. Collection and illicit treatment of data especially proteges: the collection and treatment, on the part of the local police, of data related to the sexual life in tickets of complaint it needs of the express consent of the affected person, or of a concrete and specific legal habilitation, requirement that does not fulfill a municipal ordinance, not even neither the regulations with legal rank that it authorizes to the entities local to dictate ordinances that establish the types of offenses and sanctions in relation in determinate matters. Applied articles: 44.2.d), 5, 44.4.c), 7.3 LOPD; 140 LRBRL

Collection and illicit treatment of data especially proteges: the collection and treatment, on the part of the local police, of data related to the sexual life in tickets of complaint it needs of the express consent of the affected person, or of a concrete and specific legal habilitation, requirement that does not fulfill a municipal ordinance, not even neither the regulations with legal rank that it authorizes to the entities local to dictate ordinances that establish the types of offenses and sanctions in relation in determinate matters. Applied articles: 44.4.c), 7.3 LOPD; 139, 140 LRBRL; 128, 129 Law 22/1998; 30 Law 1/2006