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The order, on the part of a Town Council to a public corporation, of the management of the service of supply of potable water of a town, entails the need to formalize in writing the specifications of the article 12 of the LOPD, since this juridical relation entails unavoidably the personal access and data processing contained in files of which the Town Council is responsible. The fact that the public corporation has been created by a consortium of which the sanctioned Town Council is part, is not a characteristic that alters the regime applicable to the communication of particulars. Applied articles: arts. 44.2.d) and 12 LOPD, art. 2 Law 30/1992.

The use of the data of personal character with a different purpose in that for which they were obtained without the consent of the affected persons or the concurrence of a legal habilitation constitutes a severe offense. The town councilors are empowered in order to access the documentation of the register of entry and exit of documents of the Town Council in order to control, according to the legislation of local regime. This faculty does not allow but to use the particulars in which has been accessed, in order to contact the persons affected in order to offer him support. Applied articles: 3 hr), 4, 5, 6, 44.3 D) LOPD; 10 and 12 RLOPD; 164 legislative Decree 2/2003.

It corresponds to the responsible for the file or for the treatment to prove the fulfillment of the duty of information of the article 5 of the LOPD. The annulment of the article 18 of the RLOPD for the Sentence of the Supreme Court of 15 July 2010, entails freedom in the way of proving the fulfillment of the duty of information of the article 5 of the LOPD, but, it, does not exempt the responsible for the file from proving the fulfillment. In the collection of personal character data telephonic way the recording of the call, or of the part of this in which he is informed or manifests to be informed of the informative clause is an advisable means to prove the fulfillment of the duty of information.

The information related with the professional activity of a determinate public employee has consideration of personal datum, since it refers to a determinate physical person. The public administration where this employee loans services can request this datum to the organizations of the Social Security during the procedure of the information previous to the eventual initiation of a disciplinary procedure (or in the sinus of its procedure), in order to correct the situation of incompatiblitat which this can commit, the existence of legal habilitation attended to to make the cession.

When a commission of services that affects two town councils is requested on the part of a civil servant, it is legitimate that among these us they communicate data related to the civil servant requesting, as the case of the existence of a disciplinary report is, since it can fall upon the commission of services. She also considers itself legitimate, once the existence of legal habilitation, the communication of the disciplinary sanction to the Inspection of Work and Social Security and to the Board of Staff, has been attended to; like this like also the diffusion in several organs and responsibles for the Town Council itself, been in charge of guaranteeing the provision of the affected service and also the fulfillment of the imposed sanction. Applied articles: Arts. 3.i), 4, 6.2, 10 and 11.2.c) LOPD, and 5.c) RLOPD

Starting the collection and data processing of personal character without the authorization of general character disposal of creation of the file constitutes a severe offense. Applied articles: 44.3.a) and 20 LOPD, and 52 RLOPD

The diffusion of data of personal character without the consent of the affected persons not even the concurrence of a legal habilitation constitutes a cession or communication of data, which it is typified like a severe offense in accordance with the new sanctionative regime introduced by the Law 2/2011, of sustainable economy, that results from application in so far as it favors to the presumed infractor. The notification for edicts only proceeds once the pertinent attempts at personal notification have been made and it only has to include those data of personal character strictly necessary for the identification of the addressee of the notification. On the other hand, not to provide the Authority the information or required documentation is one constitutive of an offense severe. Applied articles: 11, 44.3 and), 44.3 k), 47 LOPD; 59 Law 30/1992; 58 Law 26/2010; 5 Law 5/2002.

Estimation of the protection claim of the law of access exercised by the claimant in representation of its son under age with respect to the data corresponding to the school report stored in the files of the School. Applied articles: art. 15 LOPD and 27 and 29 RLOPD

The performances are filed on ascertaining that the system of videovigilància, which it is subjected to the specific police legislation (HIM 4/1997), it has of the corresponding administrative authorization and the posters informative foreseen to the police regulations, without the creation of a file nor its inscription in the Register of Data Protection of Catalonia being necessary. Applied articles: Art. 3 HIM 4/1997 and arts. 9.4, 12.10 and 11.5 Instruction 1/2009

The performances are filed on ascertaining that the system of videovigilància, which it is subjected to the specific police legislation (HIM 4/1997), it has of the corresponding administrative authorization and the posters informative foreseen to the police regulations, without the creation of a file nor its inscription in the Register of Data Protection of Catalonia being necessary. Applied articles: Art. 3 HIM 4/1997 and arts. 9.4, 12.10 and 11.5 Instruction 1/2009