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The cession or communication of data of personal character without the consent of the person affected not even the concurrence of legal habilitation is constitutive of an offense severe 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 the presumed infractor. The situation of emergency invoked by the entity imputed, but not accredited during the procedure, does not legitimate the non spoiled cession. The fundamental right to the protection of personal character data prevails in the face of the eventual collision with other non fundamental rights. Applied articles: 3, 6, 11, 44.3 k) LOPD; 3 L 32/2010; 128 L 30/1992; 25 and 26 L 7/1985; 66 and 67 DL 2/2003; 1902 CC.

The lack of request of inscription of the files -previously created- in the Register of Data Protection of Catalonia. it is constitutive of a slight offense. This imputation proceeds also when the inscription was requested but it did not give fulfillment to itself to the requirement for amendment of the faults observed, in the deadline granted to the effect, since the lack of amendment entails that the desisting of the request of inscription is produced. Applied articles: 39 and 44.2 c) LOPD; 11 Law 32/2010; 55 RLOPD.

The noncompliance of the deadline of one but to make cash the law of access entails the estimation, for formal reasons, of the claim of protection, even though it is not necessary to require to the responsible for the file since the law of access has been made effective before the resolution of the claim. Applied articles: Arts. 15 and 18 LOPD and 27, 29, 30, 119 RLOPD

The registration number of a vehicle has consideration of personal datum in so far as this information can be associated with a physical person and, therefore, make her identifiable without requiring disproportionate efforts. The installation of several cameras in the Catalan road network to pick up this datum with preventive purposes and of management of the risk that it can be derived of the freight transport dangerous it will have to fulfill the forecasts of the Instruction 1/2009. Its treatment only him legitimate considerará when it takes place for the exercise of the functions typical of the administration consulting in the area of its competences, in this case, the exercise of competences on the subject of civil protection.

Offense of the duty of information by lack of informative legend in normalized forms. Offense by lack of inscription of the files in the Register of Data Protection of Catalonia. Illicit cession of data: the communication of particulars to the security corps, without having the consent of the affected persons, should limit itself to those suppositions and categories of data that, having been required by the quoted bodies, are necessary for the prevention of a real danger for the public safety or for the repression of offenses penal. Applied articles: 44.3.k), 44.2.d) ,44.2.c), 11, 22, 5 and 39 LOPD, 55 RLOPD, 11 Law 32/2010

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.

The persons who have been interned in centers of guarded minors have the right to accessing in its report. The law of access will be able to be made effective through a process of mediation, in accordance with the applicable sectorial legislation, that will exclude those data from personal character that they can affect to the fundamental right to the protection of personal character data of third. The fulfillment of the deadline into which the request of access has to solve and to remit the information cannot be conditioned at the extension of the report or the complexity of the process of data dissociation. Applied articles: ARTS: 15 and 18 LOPD; 25, 27, 29 and 30 RLOPD; 30, 100 and 117 Law 14/2010; 13 Law 21/2000.

The lack of implementation of the safety measures indicated by the responsible for the file, constitutes a severe offense of which the person in charge of the treatment is responsible. The process of assignment of the passwords has to guarantee its confidentiality and integrity. Likewise, the pertinent safety measures have to be adopted so that the users only have access to the resources for which they are authorized. Applied articles: 9, 12, 44.3 hr), 45 LOPD, and 91, 93 RLOPD.