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The revelation of particulars concerning the commission of an administrative offense, made during the celebration of a Plenum, to give answer to a question formulated by a citizen, constitutes a breach of the duty of secret since the formulated question did not justify this revelation. Applied articles: Arts. 10 and 44.3 g) LOPD

The lack of creation of the files is constitutive of a severe offense. The local entities in relation to the competences that they have attributed and that imply a data processing of personal character, have to have created, with previous character, the preceptive files through disposal of general character, that has to be published in the corresponding official newspaper and notify for its inscription to the Register of Data Protection of Catalonia depending on the Catalan Authority of Protection of Data. Applied articles: 20 and 44.3 to) LOPD.

The order, on the part of a Town Council to a public corporation, of the management of the service of supply of potable water of a town, entails the need to formalize in writing the specifications of the article 12 of the LOPD, since this juridical relation entails unavoidably the personal access and data processing contained in files of which the Town Council is responsible. The fact that the public corporation has been created by a consortium of which the sanctioned Town Council is part, is not a characteristic that alters the regime applicable to the communication of particulars. Applied articles: arts. 44.2.d) and 12 LOPD, art. 2 Law 30/1992.

The use of the data of personal character with a different purpose in that for which they were obtained without the consent of the affected persons or the concurrence of a legal habilitation constitutes a severe offense. The town councilors are empowered in order to access the documentation of the register of entry and exit of documents of the Town Council in order to control, according to the legislation of local regime. This faculty does not allow but to use the particulars in which has been accessed, in order to contact the persons affected in order to offer him support. Applied articles: 3 hr), 4, 5, 6, 44.3 D) LOPD; 10 and 12 RLOPD; 164 legislative Decree 2/2003.

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: 44.3.a) and 20 LOPD, and 52 RLOPD

The diffusion of data of personal character without the consent of the affected persons not even the concurrence of a legal habilitation constitutes a cession or communication of data, which it is typified like a severe offense in accordance with the new sanctionative regime introduced by the Law 2/2011, of sustainable economy, that results from application in so far as it favors to the presumed infractor. The notification for edicts only proceeds once the pertinent attempts at personal notification have been made and it only has to include those data of personal character strictly necessary for the identification of the addressee of the notification. On the other hand, not to provide the Authority the information or required documentation is one constitutive of an offense severe. Applied articles: 11, 44.3 and), 44.3 k), 47 LOPD; 59 Law 30/1992; 58 Law 26/2010; 5 Law 5/2002.

The cession or communication of data of personal character without the consent of the person affected not even the concurrence of legal habilitation is constitutive of an offense severe in accordance with the new sanctionative regime introduced by the Law 2/2011, of sustainable economy, that results from application in so far as it favors the presumed infractor. The situation of emergency invoked by the entity imputed, but not accredited during the procedure, does not legitimate the non spoiled cession. The fundamental right to the protection of personal character data prevails in the face of the eventual collision with other non fundamental rights. Applied articles: 3, 6, 11, 44.3 k) LOPD; 3 L 32/2010; 128 L 30/1992; 25 and 26 L 7/1985; 66 and 67 DL 2/2003; 1902 CC.

The lack of request of inscription of the files -previously created- in the Register of Data Protection of Catalonia. it is constitutive of a slight offense. This imputation proceeds also when the inscription was requested but it did not give fulfillment to itself to the requirement for amendment of the faults observed, in the deadline granted to the effect, since the lack of amendment entails that the desisting of the request of inscription is produced. Applied articles: 39 and 44.2 c) LOPD; 11 Law 32/2010; 55 RLOPD.

Offense of the duty of information by lack of informative legend in normalized forms. Offense by lack of inscription of the files in the Register of Data Protection of Catalonia. Illicit cession of data: the communication of particulars to the security corps, without having the consent of the affected persons, should limit itself to those suppositions and categories of data that, having been required by the quoted bodies, are necessary for the prevention of a real danger for the public safety or for the repression of offenses penal. Applied articles: 44.3.k), 44.2.d) ,44.2.c), 11, 22, 5 and 39 LOPD, 55 RLOPD, 11 Law 32/2010

The lack of creation of the files is constitutive of a severe offense. The local entities in relation to the competences that they have attributed and that imply a data processing of personal character, have to have created, with previous character, the preceptive files through disposal of general character, that has to be published in the corresponding official newspaper and notify for its inscription to the Register of Data Protection of Catalonia depending on the Catalan Authority of Protection of Data. Applied articles: 20 and 44.3 to) LOPD.