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The data processing of personal character when a legal habilitation coincides does not require the consent of the affected ones. The initiation of a sanctionative procedure that has its origin in a punctual material error with respect to a datum does not imply the breach of the principle of quality of the data, whenever once the error is brought to light before the responsible for the file, this reforms. Applied articles: 4 and 6 LOPD

The request of exercise of the rights I ARCO has to be processed even if the LOPD is not invoked expressly, when of its contents he causes itself clearly its exercise, and if the request does not fulfill the exigible requirements, the amendment has to be requested. The law of cancellation with respect to some data of personal character necessary for the procedure of an administrative procedure cannot be made cash under any circumstances before the resolution that finishes this procedure is dictated. Applied articles: 16 LOPD and 25, 31, 32 and 33 RLOPD.

The supposition in what a Law creates an entity of public law and he foresees expressly that this entity subrogates in the titularity of the goods, the rights and the duties to other entities, assuming therefore the responsibility of the files of particulars, until now managed by these entities, the exception to the duty of foreseen information is to him of application in the article 5.5 of the LOPD. In this case, in spite of not being exigible, the initiative of the entity has been appraised positively of publishing an advertisement in two newspapers of great print run, and making posterior communications about the new situation to the users, since this facilitates the affected persons to be able to know the change in the entity responsible for the information. Applied articles: Resolution in relation to the procedure of exemption of the duty of information to the person concerned on the part of an entity of public law of the Generalitat that is subrogated in the position of other entities responsible for the files.

Data included in the Electoral Roll are filed by lack of evidence which they allow third one to infer that a Town Council handed over. Applied articles: 11 LOPD

The publication in the institutional web of the minutes of the sessions of the Local Executive Council that data of personal character contain is contitutiva of a very severe offense to the it to be about a communication of data without consent of the affected persons nor legal habilitation. On the other hand, starting the collection and data processing of personal character without the authorization of creation disposal of the file constitutes a severe offense. Applied articles: Arts. 3 b),3 and), 11, 20, 44.4 b) and 44.3 to) LOPD

The diffusion of personal character data through a bulletin on the part of a municipal group without the consent of the affected ones nor the concurrence of legal habilitation, constitutes a cession or communication of data typified as a very severe offense. Only sources accessible to the public are those foreseen ones expressly as such in the LOPD. The diffusion would not be protected in the fundamental rights of expression and of information or that of participation. The municipal groups stay under the area of performance of the APDCAT. Applied articles: 11 LOPD and type infractor 44.4 b) LOPD

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: Arts. 3 b), 20 and 44.3 to) of the LOPD.

With general character, the exercise of cancellation implies the suppression of the particulars, without harm of the duty of blockade, upward so that it would be insufficient from not making determinate treatments to include an annotation in the file in the sense. Applied articles: Arts. 16.1 LOPD and 31.2 of the RLOPD

The request of exercise from access has to be solved upward in the deadline of a month, meter from the date of entry in the register of the competent organ. Applied articles: Articles 15 and 18 of the LOPD; 27 and 29 RLOPD and 42.3.