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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 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 access of a company to determinate information of a municipal archive that refers to alive persons, in order to digitize it, constitutes a cession of particulars that, for being legitimate and to lack of consent, it has to have sufficient legal habiitació. Once the valid regulations have been examined on the subject of archives and documents, it is considered that, in this case, in so far as in the information intimate or "sensitive" particulars are not evident, the Town Council can facilitate the past access the legal deadline of thirty years of the production of the document, deadline in which, in a general way, the exclusions to the public consultation from documents remain without effects.

The access to data of personal character without any type of restriction is one constitutive of an offense severe. The responsible for the file has to guarantee the data of personal character, those authorized users with regard to the attributed functions, that they only access. Applied articles: 3, 9 and 44.3 hr) LOPD; 5 and 91 RLOPD.

The installation of a system of access control and timetable based on the identification of the workers of a Public Administration through the biometric pattern entails the data processing personal. In so far as the collection of these biometric data is carried out in a juridical work or administrative relation and has the control as a purpose, precisely, of its fulfillment, the Administration can treat them and pick them up without the need for requiring the consent from the affected ones. In this case, the fulfillment of the duty of information will have to be produced in the moment of the initial collection of the biometric pattern.

The data processing of personal character when a legal habilitation coincides does not require the consent of the affected ones. Applied articles: Articles 3 and), 11.2a) LOPD and 24 CE

The data processing of personal character without the previous consent of the affected persons nor the concurrence of a legal habilitation is one constitutive of an offense severe. Only sources accessible to the public constitute those described as such in the 3 j article) of the LOPD. On the other hand, the noncompliance of the duty of information in the collection of data with respect to the affected ones constitutes a slight offense. The possibility of exemption of the duty of information contemplated in the article 5.5 -first paragraph- of the LOPD has to be adopted through resolution of the Authority in accordance with the corresponding procedure, that is, it does not correspond to the responsible for the file to decide if this exemption can be of application. Applied articles: 3, 5, 6, 30, 44.2.d) and 44.3.d) LOPD; 10, 12 and 153 to 156 RLOPD.

The communication of data of personal character related to the health without the express consent of the affected persons nor the concurrence of a legal habilitation, which foresees it like this for reasons of general interest, is constitutive of a very severe offense. On the other hand, the lack of implementation of the safety measures concerning the document management and supports determined for statutory way, it constitutes a severe offense. The breach of these safety measures for the staff of the responsible for the file, brings to light that these are insufficient or ineffective for the pursued purpose, or, that they have not made themselves effective in pilot of way. Applied articles: Arts. applied: 7, 9, 44.3 hr) and 44.4 b) LOPD; 92, 97, 101 RLOPD; 4 Law 14/2007; 11 Law 21/2000.

The revelation of particulars concerning the commission of an administrative offense, made during the celebration of a Plenum, to give answer to a question formulated by a citizen, constitutes a breach of the duty of secret since the formulated question did not justify this revelation. Applied articles: Arts. 10 and 44.3 g) LOPD