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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: Art. 15 and 18 LOPD and 27, 29, 30, 119 RLOPD

The segregation of the territorial Demarcation Catalan d’un professional School state d’àmbit to constitute a Catalan independent School will entail only the cession, without consent of the ones affected, of the particulars of the persons registered in the professional association with only or main professional address in Catalonia who are suitable, pertinent and non excessive so that they can register in the professional association in the Catalan School, without d’aplicació in this concrete case being the forecasts of l’article 19 of the RLOPD. Consequently, the School will have to give fulfillment to the duty d’informació, as well as the rest of principles and foreseen duties in the regulations in protection of particulars.

The communication of the particulars of the ones registered in the professional association in a professional School of state area that have only or main professional address in Catalonia at the Catalan professional School, can be carried out without having the consent of the ones affected, in so far as the cession has sufficient legal habilitation, although it does not exempt the affected ones from the fulfillment of the duty of information. The regulations do not establish any procedure in particular to carry out the transmission of the data, but in any case it is necessary to adopt the suitable safety measures.

The installation of videovigilància cameramen for the control of accesses of a center of superior and secondary education for motives of security can find coverage in the article 6.2 of the LOPD. The systems installed with this purpose do not have to be used for other different purposes, as the control of the workers of the center. In any case, it corresponds to the entity responsible for the file to approve its creation, the notification in the Register of Data Protection of Catalonia, as well as the fulfillment of the duty of information, in accordance with what establishes the Instruction 1/2009, of 10 February, of the Catalan Agency of Protection of Data, about the data processing of personal character with until of videovigilància.

If the responsible for the file orders third one a service that implies the access to particulars, the contract of treatment person in charge has to be formalized. In turn, the person in charge of the treatment is a responsible for the lack of implantation of mechanisms of identification and authentication in order to avoid undue accesses to the particulars. In permanent offenses, the calculation of the deadline of prescription of the offense starts when it ceases the illegal activity. Applied articles: Arts. 9.12, 44.3.d) and h), 45 LOPD, and 93 RLOPD

The delivery of a receipt of visit that third contains particulars related to the health in one without the express consent of the affected person nor the concurrence of a legal habilitation constitutes a very severe breach of the duty of secret. Article 11.2 d) LOPD that allows the cession of particulars without the consent of the one affected in the organs judicial, it only results from application when these require it like this. The concept of health datum has to be interpreted in the broad sense. In the cases of offenses of the public administrations they do not operate on the criteria for graduation of the sanctions foreseen in the sections 4 and 5 of the LOPD. Applied articles: 10, 11.2 d), 44.4 g) LOPD.

In application of the regime of data cession (article 11 LOPD), the analyzed regulations do not contain a legal habilitation legitimadora of the diffusion generalized of particulars of any person "victim of the Civil War or represaliada during the Franco's regime", or of related third parties, that it includes data especially protected. Therefore, it is necessary to have the consent of the affected physical persons. Apart from this, in the judgement the demands derived from the principle of quality and of the proportionality, especially in relation to sensitive data (article 7 of the LOPD), as well as the exceptions to the duty of informing are analyzed (article 5.4 LOPD) and the limits of the habilitation to treat data without the consent of the headlines, founded in the collection of data for the exercise of functions typical of the public administrations (article 6.2 LOPD).

There is not breach of the duty of secret when the revelation of particulars in third one is protected by the art. 11 LOPD. This would be the case in which the identity is revealed to a company of an ex-worker who has formulated a complaint-claim without exercising the law of opposition, since of the revelation of the identity it was necessary to investigate the facts without causing defenselessness to the denounced company. Applied articles: 10 and 11 LOPD