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RESOLUTION of the sanctionative procedure no. PS 59/2010, referring to the Town Council of Badalona.
PS 59/2010
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.
07/04/2011
RESOLUTION of the procedure of rights protection no. 53/2010, urged by Mr. XXX, related to the School Calassanç of Barcelona.
PT 53/2010
Estimation of the protection claim of the law of access exercised by the claimant in representation of its son under age with respect to the data corresponding to the school report stored in the files of the School. Applied articles: art. 15 LOPD and 27 and 29 RLOPD
07/04/2011
RESOLUTION OF ARCHIVE of the previous information no. 81/2010 referring to the Town Council of Barcelona
IP 81/2010
The performances are filed on ascertaining that the system of videovigilància, which it is subjected to the specific police legislation (HIM 4/1997), it has of the corresponding administrative authorization and the posters informative foreseen to the police regulations, without the creation of a file nor its inscription in the Register of Data Protection of Catalonia being necessary. Applied articles: Art. 3 HIM 4/1997 and arts. 9.4, 12.10 and 11.5 Instruction 1/2009
31/03/2011
RESOLUTION OF ARCHIVE of the previous information no. 82/2010 referring to the Administration of the Generalitat de Catalunya
IP 82/2010
The performances are filed on ascertaining that the system of videovigilància, which it is subjected to the specific police legislation (HIM 4/1997), it has of the corresponding administrative authorization and the posters informative foreseen to the police regulations, without the creation of a file nor its inscription in the Register of Data Protection of Catalonia being necessary. Applied articles: Art. 3 HIM 4/1997 and arts. 9.4, 12.10 and 11.5 Instruction 1/2009
31/03/2011
RESOLUTION of the sanctionative procedure no. PS 49/2010, referring to the Town Council of Figaró-Montmany.
PS 49/2010
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.
31/03/2011
RESOLUTION of the sanctionative procedure no. PS 50/2010, referring to the Industrial School Consortium of Barcelona.
PS 50/2010
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.
31/03/2011
RESOLUTION of the procedure of rights protection no. 11/2011, urged by Mr. XXX against the Town Council of Barcelona
PT 11/2011
The noncompliance of the deadline of one but to make cash the law of access entails the estimation, for formal reasons, of the claim of protection, even though it is not necessary to require to the responsible for the file since the law of access has been made effective before the resolution of the claim. Applied articles: Arts. 15 and 18 LOPD and 27, 29, 30, 119 RLOPD
31/03/2011
Report in relation to the project of creation of files of data of personal character Resolution of the Official School of Qualified Persons in Infirmary of Lleida
PD 4/2011
29/03/2011
Installation of cameramen in the Catalan road network with purposes of civil protection
CNS 10/2011
The registration number of a vehicle has consideration of personal datum in so far as this information can be associated with a physical person and, therefore, make her identifiable without requiring disproportionate efforts. The installation of several cameras in the Catalan road network to pick up this datum with preventive purposes and of management of the risk that it can be derived of the freight transport dangerous it will have to fulfill the forecasts of the Instruction 1/2009. Its treatment only him legitimate considerará when it takes place for the exercise of the functions typical of the administration consulting in the area of its competences, in this case, the exercise of competences on the subject of civil protection.
25/03/2011
RESOLUTION of the sanctionative procedure no. 40/2010, referring to the Town Council of Martorell.
PS 40/2010
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
25/03/2011
Total number of pages: 365