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Estimation of the claim referring to the law of cancellation since answer was given beyond the deadline of 10 days. Applied articles: Arts. 16.1 LOPD AND 32.2 RLOPD; and 42.3.b and 58.4 LRJP

Prevalença del dret fonamental a la llibertat d'informació sobre el dret fonamental a la protecció de dades de caràcter personal, quan concorren els requisits de veracitat i rellevància en la difusió d'una notícia per part d'un mitjà de comunicació, segons doctrina del Tribunal Constitucional. No correspon a l'APDCAT determinar la procedència d'una reclamació indemnitzatòria vinculada als fets denunciats. Articles aplicats: 11 i 19 LOPD, 20 CE

The lack of implementation of the safety measures portrayed to the RLOPD –as now, to allow that third non authorized can access particulars- applicable to the files and automated and not automated treatments, it is constitutive of a severe offense. Applied articles: 9 and 44.3 hr) LOPD and 82, 88 and 92 RLOPD

Without harm of the duty to endeavour the personal notification, the publication in the official bulletin of the province of several events of a disciplinary procedure in the that data that were not strictly necessary for the identification of the addressee of the notification appeared there it is constitutive of a very severe offense. Applied articles: 4, 11, 44.4.b of the LOPD; 59 LRJPACat

To send the electronic mail address of the addressees an electronic mail in which diffusion of the relative datum of personal character was made without having obtained the previous consent from the affected ones, is constitutive of a severe offense. In turn, the personal collection and data processing without approving the corresponding general disposal of creation of the file it is constitutive of an offense severe. Applied articles: 10, 20, 44.2.e, 44.3.a of the LOPD.

The funereal company communicated relative data to a relative of a deceased person to a media, so that the quoted means published them, without having redigged the consent of the affected person, in its section of “demises” what means an offense of very severe character. Applied articles: 44.4..b), 11 LOPD

The cancellation of the police records proceeds when they are not necessary for the researches that had motivated the storage and the affected person proves the conclusion of the judicial process. Applied articles: 16, 22 and 23 of the LOPD; 25, 31 32 and 33 of the RLOPD

The opposition does not proceed to the treatment consistent in the publication of the datum related to the disability of the candidates in the lists of a selective process of staff for the Administration when rules with legal rank have that it is necessary that the candidates know the identity of the rest of candidates that they opt in the summoned squares, and in particular, of the candidates who want to accommodate themselves to the turn of previous reservation accreditation of its disability, since these last could benefit from certain advantages, as, the preferential right to choose the vacancies. Applied articles: 6 of the LOPD; 25, 31, 34 and 35 of the RLOPD; 59, 61 of the Law 7/2007; 26, 27, 42 of DL 1/1997; 59 of the LRJPCat.

The inclusion of relative particulars to the fact that a disciplinary procedure had been initiated, in the crediting document of the practice of the notification of an administrative event of this procedure in which third parties access it, it constitutes a breach of the duty of secret. Applied articles: 44.3.g), 10 LOPD

The information referring to the distribution of the recognized union times to the affiliates is protected by the regulations of protection of particulars. The communication of the data, according to the article 11 of the LOPD, has to have the previous consent of the affected ones or, as an exception, the habilitation clear and specific to a rule with rank of law. The sectorial rules with rank of law do not foresee expressly the access of a union affiliate to the file of the Administration that contains the information about the distribution of union times among the affiliates of the same union that they enjoy. Consequently, in spite of that in accordance with the article 37.3 LRJPAC could be considered that the consulting one has a legitimate interest and direct, in so far as the pursued purpose could be attained equally without knowing the identity of the affected persons, in accordance with the articles 37.4 LRJPAC and 4 of the LOPD, it is considered that the communication of the information can be sufficient in an anonymized way.