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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 rights of access, rectification, cancellation and opposition have to be attended to even if the procedure established to the effect, whenever the sending remains proved, has not used the reception of the request and the identity of the requesting person. The exercise of rectification requires upward that the applicant brings the documentation that justifies the modification. In case it is not brought, the responsible for the file has to require the amendment from the request. Applied articles: 4 and 16 LOPD; 24, 25, 31, 32 and 33 RLOPD; 53 Law 26/2010; 42 Law 30/1992; 4 Decree 360/1994.

The delivery to a citizen of the data of the persons that they find or have been registered in a housing of its property constitutes a communication of data, and has to be carried out as such in accordance with the foreseen regime for the communications of particulars. The regulations regulatory of the data of the census, establish that out of the suppositions contemplated in these regulations, the data of the census are confidential and will be in what orders the regulations of protection of particulars and the LRJPAC. The communication of particulars contained in the Municipal Census of Inhabitants it can be carried out for third, whenever these prove a legitimate and direct interest for the exercise of this law (art. 37.3 LRPAC), previous ponderation on the part of the Town Council that will have to value if the legitimate interest can be attained without the need for affecting the right to the protection of data. In any case, the determination of the particulars that can be an object of communication will have to respect the principle of quality of the data, and in particular the principle of proportionality (art. 4 LOPD).

From the aspect of the protection of data of personal character, the use of a community mailbox in a building of houses to receive the correspondence when the door of access to the building keeps closed could be considered in agreement with the regulations of data protection in so far as he counted out with the free, unambiguous, specific consent and informed of the titular persons of these data or, in its fault, with a law or rule with rank of law, without harm of the forecasts of other sectorial regulations applicable, especially, the regulations regulatory of the provision of the service postal universal, according to which its use would only be possible if the mailbox gathered determinate conditions or had the authorization of the competent authority.

The communication of data between a private company and a Town Council cannot be protected in a contract of treatment order when its formalization is not proved with the forecasts of the article 12.2 of the LOPD. The communication of particulars linked to the provision of the local service of field of golf among an entity dealer and a Town Council would find habilitation legal in what orders the article 11.2.a) of the LOPD if the citizens was informed duly of the information retiring for the provision of a municipal service. Otherwise, the communication could also find habilitation in the article 11.2.c) of the LOPD in so far as it is a matter of information that has to be communicated to the municipal entity for the exercise of the functions that correspond to him as a headline of the service.

The cession of particulars related to the salud of the workers who have undergone a medical examination, on the part of an alié service of prevention hired by a company, to another service of prevention, is always a performance according to the regulations of data protection and when: a) both services of prevention have the consideration of person in charge of the treatment in relation in the contracting company of the service of prevention; and b) when this communication has been made following the instructions given by the contracting company of this service. Applied articles: 7.3 and 12 LOPD, DA 31ª Law 30/2007

The right of access to linked information to the public ticket of an exercised minor is rejected by one of the progenitors to be evident the express opposition of the other progenitor, conflict that according to the Civil Code of Catalonia he will have to consider in front of the Court of family. Besides, it is also taken into account that with the access to the information aimed for by a progenitor information could be accessed about the journeys made by the other one progenitor, so that its right to the protection of data could be harmed. Applied articles: art. 15 LOPD, article 236.18 of the Civil Code of Catalonia

Partial estimation of the right of cancellation exercised with respect to published data to the edicts of the BOP of LLeida (digital version). Amendment of the defective request is loved for formal reasons for noncompliance of the deadline in which it had to require, and is rejected due to background since the data that are wanted to cancel they refer to orderly edicts to publish for the Town Council of LLeida, éssent this the one responsible for the file and therefore who it is competent to resolve about the cancellation. With posteriority to the claim the citizen exercises right of opposition in the face of Regional Government regarding the indexing of its published data to the BOP on the part of the searchers of internet, request that it is foreign to the procedure and that in any case has to solve the town council in first term. However a recommendation is made to the Regional Government so that it adopts appropriate measures to avoid indexing in accordance with Recommendation 1/2008 of the APDCAT. Applied articles: 16 LOPD, 32

The law of access to the clinical history has to be facilitated even if this finds il·localitzable. In such case, the responsible for the file has to collect all that information that keeps in other formats, files or archives and make cash the law of access in accordance with the modulations established by the sectorial legislation. The fulfillment of the duty of answer to the exercised law corresponds to the responsible for the file or treatment. Applied articles: 15 LOPD; 27, 29, 30 RLOPD; and 13 of the Law 21/2000.

The diffusion of information related to a Town Council through internet, when this includes particulars and addresses itself to an indeterminate plurality of addressees, constitutes a cession and, as such, has to be carried out in accordance with the foreseen regime for the communications of particulars. The diffusion of accusing and/or pejorative comments towards the workers of the Town Council can mean, besides, an illegitimate interference in its fundamental right to the honor. In the examined case, the Authority would only be competent to know the data processing personal made by a town councilor of the town council if this took place in exercise of its public functions or, at least, through obtained personal information in exercise of its functions.