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In the context and model of the Shared Clinical History (HCC) full room has to have the exercise upward of opposition, since the consent is not required for the treatment of the data (article 6.4 of the LOPD and articles 34 to 36 of the RLOPD). The law of opposition, that it is necessary to differentiate from other rights I ARCO, it can translate into a limitation of determinate accesses, which would bring a determinate treatment of the information in modular, as it has been configured like this in the model of HCC. The applicable normative frame can condition the scope and the consequences upward of opposition. The casuístic approach of the article 6.4 of the LOPD makes that it cannot give a closed list of which the "motives" that could be considered legitimate to exercise are the law of opposition, or of it are the personal circumstances that which can fit out the exercise upward. The medical criterion results determining in order to evaluate the belonging from giving course to a request of opposition on the part of a patient.

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.

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).

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.

An autonomous organization of a provincial Regional Government will be able to access the particulars of the forced tributaries who figure in the Property Register in order to update them, if this access is necessary for the exercise of the public functions that it has assigned. This communication, in accordance with what orders the article 11.2.a) of the LOPD, it will find legitimation in the Law of the Property Register (approved by the Royal legislative decree 1/2004, of 5 March), which it allows to access the cadastral data proteges without the need for the consent of the headlines to the Public Administrations for the exercise of its pubic functions, always with the limitations derived from the beginning of competence, suitability and proportionality (article 53.2) and of the principle of quality of the particulars (article 4 of the LOPD).

In this judgement the advantages, disadvantages and inherent risks of the systems of electronic vote, are analyzed as much of the presencials systems how those of electronic vote remote. It is considered that even though from the strict point of view of the protection of data the implantation of electronic vote systems does not bring significant advantages, it is not contrary to the right to the protection of the particulars if they are implanted with the due guarantees. However, regarding the systems of remote vote, since the current state of the technique does not allow to ensure the security of these systems in a sufficient way, a specially careful utilization of this canal of vote is recommended.

The competence of the Generalitat about the files of a trading company of a Town Council of Catalonia, is in article 156 to) of the Statute of Autonomy of Catalonia. The control of the files of this society, the titularity of which it belongs To a Town Council, that the unique partner is, corresponds to the Catalan Agency of Protection of Data (article 3.1 of the Law 5/2002, of 19 April, of creation of the Catalan Agency of Protection of Data) and its files will have to be set in the Register of Data Protection of Catalonia (article 15.2 to) of Law 5/2002), through the forms approved by Resolution of 16 December of 2008, of the director of the Agency.

The access on the part of the town councilor to a certification issued by the Town Council, positive or negative, in relation to the existence of debts of town councilors with the local Corporation itself who can be a cause of ineligibility or of posterior incompatibility, is adjusted to the demands of the LOPD. In relation in order to contrast the concurrence of causes of ineligibility or of incompatibility, the access to other information, as the ones related to debts not related with the Corporation itself it is not foreseen in the rule with legal rank (LOREG). Therefore, it would be necessary to require the consent from the headline, to lack of another rule with legal rank that gives the sufficient coverage in the access. A possible legitimate access to the data related to debts acquired with other Public Administrations by the town councilors, if it fits to the demands of the LOPD, cannot be discarded which the Town Council should consider in each case.