Resolutions, opinions and reports search tool

The noncompliance of the requirements made by the Authority is constitutive of severe offense, without the eventual lacks of staff being able to exempt from the duty of being them. Applied articles: Art. 16.3. Law 5/2002, 44.3.1 and 46.3 LOPD

The breach of the duty of secret committed in relation to data understood in a file is imputable to the administrative organ responsible for the file, once the regime of responsibilities foreseen has been attended to in the LOPD. Applied articles: Arts. 10, 43.1 and 44.3.g) of the LOPD.

The systems of videovigilància with purposes of regulation and ordering of the traffic requires the placing from the preceptive informative poster, as well as the creation and inscription of the corresponding file. The responsible for the file is that one who decides, the contents and the use of the treatment, about the purpose. The facts ascertained by the inspectors of the Authority have the presumption of veracity. Applied articles: 5, 20 LOPD, 52 to 54 RLOPD and 9 and 12 of the Instruction 1/2009

The sending of particulars related to the health through telefax, without taking any measure of additional precaution, the principle of security of the data harms, since it is not guaranteed that, in the moment of the reception of the fax on the part of the addressee entity, the person or persons who have the access to the mentioned data allowed will enter the information sent only. Applied articles: Arts. 9 LOPD; 92 RLOPD

The Register of Data Protection of Catalonia it is competent to register the biobanks created by the included entities in the area of performance of the Authority of Data Protection of Catalonia, in accordance with the forms and the software established, once the creation of the biobank in accordance with the established procedure has been approved by the Law 14/2007. The adhesion to a Code type has to be made in accordance with the requirements that he establishes the Code itself. WARNING: It is necessary to take into account that, later in l’elaboració d’aquest Judgement, Royal decree 1716/2011 has come into force, of 18 November, according to which the inscription of the file of data in question in the Register of Protection of Data is a requirement necessary for the concession of l’autorització for the constitution and the functioning of the biobank (article 5.e).

The implantation on the part of a Town Council of a system of videovigilància with recording of images with purpose of security of the building and of the staff, without the previous creation of the file through general disposal, constitutes a severe offense. On the other hand, a severe offense is the breach of the principle of purpose, to treat the images recorded for purposes different to those that motivated its collection. Applied articles: 4, 20 LOPD; RLOPD; and 6, 9 and 11 of the Instruction 1/2009

The stay proceeds when the facts are not constitutive of administrative offense. Applied articles: 20 Decree 278/1993

The use of the data in which access has the person in charge of the treatment for a purpose different to the foreseen ones to the order, constitutes a severe offense, for breach of the principle of purpose. It is a competence of the APDCAT to determine the responsibilities which the person in charge of the treatment has been able to commit in relation in a file included in the area of performance of the APDCAT. Applied articles: 4, 12 and 44.3 d) LOPD and 20 RLOPD.

The communication of particulars to investigators, relatives or citizens in general has to undergo the foreseen regime in the LOPD (articles 11 and 21). Especially the access on the part of investigators to determinate archives that contain particulars is analyzed, that it can be produced with determinate required conditions by the applicable regulations, mainly, to prove the condition of investigators and the nature of the study to carry out, scientific or cultural relevant, justifying the historical purpose and whenever the privacy of affected alive physical persons remains duly guaranteed. If it is proper, the signature of clauses of responsible confidentiality or declaration can be suitable in determinate suppositions. It is necessary to take the forecasts of the state and Catalan regulations into account from archives and the deadlines that they are foreseen there.

The communication of the particulars that figure in the historical one of the Municipal Census of Inhabitants from a Town Council to some Entities municipal decentralized, without having the consent of the affected ones, it finds sufficient legal habilitation in the TRLMC, in the measure in which it takes place for the exercise of the competence that these entities, subrogated in the position of the town, have attributed to a historical purpose on the subject of linked institutional relations and the knowledge of the address is relevant to be able to identify to the collective of persons who lived there during a period of time concrete.