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Resolution of stay of the sanctionative procedure no. PS 53/2010, referring to the Town Council of the Vendrell
PS 53/2010
It is considered that responsibilities cannot be required from the Town Council because the cession of object particulars of complaint, made to a financial entity, would be protected by the article 11.2.c) of the LOPD. However a series of considerations are made since the behavior of the Town Council did not fit to the LOPD in a scrupulous way.
Applied articles: Article 11.2.c) LOPD.
30/05/2011
RESOLUTION OF ARCHIVE of the performances of previous information no. 135/2010 and 204/2010, referents in the Municipal Institute of Treasury, of the Town Council of Barcelona
135/2010
The access on the part of third to particulars of the Administrations made under the coverage of a contract of treatment person in charge, the consideration of cession does not have data and therefore does not require the consent from the affected persons. On the other hand, the cession of particulars between the competent Administrations on the subject of tributes and the banks, for the purpose of executive collection of debts, has of legal habilitation and therefore the consent of the affected persons non precise.
Applied articles: Arts. 6.2, 11 and 12.1 LOPD, 93, 94.5 and 162 LGT
26/05/2011
RESOLUTION OF ARCHIVE of the performances of previous information no. 135/2010 and 204/2010, referents in the Municipal Institute of Treasury, of the Town Council of Barcelona
IP 204/2010
The access on the part of third to particulars of the Administrations made under the coverage of a contract of treatment person in charge, the consideration of cession does not have data and therefore does not require the consent from the affected persons. On the other hand, the cession of particulars between the competent Administrations on the subject of tributes and the banks, for the purpose of executive collection of debts, has of legal habilitation and therefore the consent of the affected persons non precise.
Applied articles: Arts. 6.2, 11 and 12.1 LOPD, 93, 94.5 and 162 LGT
26/05/2011
RESOLUTION of the procedure of rights protection no. 21/2011, urged by madam XXX against the Department of Justice
PT 21/2011
The claim of protection is rejected upward of access formulated for not having received answer in the deadline of a month, since the responsible for the file has proved that in this deadline he attempted to notify the estimatòria resolution upward of access, attempt which it allows that one has it to consider for been the duty to the responsible for the file of notifying the resolution in the mentioned deadline, without harm that persists the duty to practice the notification. Applied articles: 15 LOPD; 27 and 29 RLOPD; 58 and 59 Law 30/1992.
26/05/2011
RESOLUTION of the procedure of rights protection no. 26/2011 one urged by Mr. XXX against the Town Council of Barcelona
PT 26/2011
The claim of protection is rejected upward of opposition, since the request was not directed in front of the organ responsible for the object treatment of opposition. Applied articles: 6 and 11 LOPD; 34 and 35 RLOPD; 29, 32, 35 and 41 organic Law 5/1985; 21 Law 26/2010.
26/05/2011
RESOLUTION of the sanctionative procedure no. PS 7/2011, referring to the Town Council of Benissanet.
PS 7/2011
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.
26/05/2011
RESOLUTION of the sanctionative procedure no. PS 13/2011, referring to the Town Council of Térmens.
PS 13/2011
During the procedure of the sanctionative procedure the town council has proved that against what had been imputed initially, it had published the disposal of creation of the files in the BOP previously approved, and had requested the inscription to the Register, motive for which the stay of the sanctionative procedure proceeds. Applied articles: 20, 44.3 to) LOPD; 20 Decree 278/1993.
26/05/2011
RESOLUTION of the sanctionative procedure no. PS 21/2011, referring to the Town Council of Mediona.
PS 21/2011
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.
26/05/2011
RESOLUTION of the procedure of rights protection no. 6/2011, urged by Mr. XXX against the Department of Justice.
PT 6/2011
The estimation comes from cancellation upward when the inclusion and maintenance of the data of personal character in a file it is inapplicable, whenever no cause that allows its denial coincides. Applied articles: 4 and 16 LOPD; 31, 32 and 33 RLOPD.
26/05/2011
RESOLUTION of the procedure of rights protection no. 14/2011, urged by madam XXX against the Local Hospital of the Pallars
PT 14/2011
Is recognized to a person the right of access to the documentation that it is part of the clinical history of a deceased relative, who has to keep according to the specified periods to Law 21/2000, in the writing given by the Law 16/2010. As for the reservation of the subjective annotations of the sanitary staff, it corresponds to the author professional of these annotations to formulate the opposition corresponding, and not to the responsible for the file. Applied articles: Arts. 15 LOPD, 27.1 RLOPD, 15 and 18.4 Law 41/2002, 10.1, 12.4 and 13.2 Law 21/2000.
26/05/2011
Total number of pages: 365