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RESOLUTION OF ARCHIVE of the Previous Information núms. 92/2012 and 128/2012, referents to the General Direction of Policeman of the Department of Inside of the Generalitat de Catalunya.
IP 128/2012
The diffusion, on the part of a police body across its institutional web, of images of persons that presumedly they would have taken part in criminal performances so that the citizenship collaborates in its identification, it is a performance that it does not contravene the regulations of data protection, since finds habilitation legal in the rules that they regulate the functions that have the judicial police attributed, among others, to carry out the diligences related to the identification of the presumed criminal. Applied articles: 11 and 22 LOPD; 12 Law 10/1994; 126 CE, 282 LECr.; 547 and 549 LOPJ
22/03/2013
RESOLUTION OF ARCHIVE of the Previous Information no. 5/2013, referring to Transports of Barcelona, SA.
IP 5/2013
When the system of videovigilància installed for object to guarantee the security, the modification of the field of vision of one of the cameras so that the box of security where its functions develop the safety staff is focused, a different purpose is not considered. It is not evident accredited that the treatment aims at the work control. Applied articles: 4 LOPD; 6 Instruction 1/2009.
15/03/2013
RESOLUTION OF ARCHIVE of the Previous Information no. 143/2012, referring to the Municipal Group of Independent-ERC of the town of Santa Eulàlia de Ronçana
IP 143/2012
The performances are filed for application of the principle to the presumption of innocence, as long as in the moment of the access on the part of the Area of Inspection of the Authority to the page of Facebook of the municipal group, in the document there published they appeared hidden the name and surnames of the affected persons. Applied articles: Art. 24.2 CE, 3.a, 10 and 11.1 LOPD, 16.3 RD 2586/1986, 164. 6 TRLMRLC
22/02/2013
RESOLUTION OF ARCHIVE of the Previous Information no. 104/2012, referring to the Socialist Municipal Group (PSC-PM) and to the Municipal Group ICV-EUiA of the Town Council of Castelldefels.
IP 104/2012
The diffusion in a municipal Plenum of data related to a town councilor who is part of the team of municipal Government, on the part of Municipal Groups of the opposition, is a behavior according to the regulations of data protection, always and when the spread information is set in the political debate and is the strictly necessary one. Applied articles: 52, 107 TRLMRLC, 22 LRBRL
15/02/2013
RESOLUTION OF ARCHIVE of the previous information no. 135/2012, referring to the School (...) of the Department of Education of the Generalitat de Catalunya.
IP 135/2012
The diffusion of information in several means of some facts happened to a school and that had a certain significance public, and that could include particulars, is not constitutive of offense, since the law of information prevails about the right to the protection of personal character data when the requirements of veracity and significance coincide, in the terms that the doctrine of the Constitutional Court points out applied Articles: 11 of the LOPD and 20.1 of the CE
15/02/2013
RESOLUTION OF ARCHIVE of the Previous Information no. 67/2012, referring to the municipal group ICV-EUiA-AEPM of the Town Council of Creixell
IP 67/2012
The access on the part of a town councilor to data concerning the remunerations and perceived compensations is considered legitimate by the members of the former team of municipal government in order to exercise the functions of control and taxation of the government organs and approve the budgets, disposal of expenses and municipal accounts. The posterior communication of these data in an account of Facebook of a municipal group is considered legitimate, for the prevalence in this case of the right to the information above the right to the protection of data, given the concurrent circumstances Articles applied: Art. 6 and 11 LOPD, 20 CE
08/02/2013
RESOLUTION OF ARCHIVE of the Previous Information no. 244/2012, referring to the Town Council of Òdena.
IP 244/2012
The LOPD and its regulations of deployment are not applied when there is not data processing. Of the performances of inspection made about the system of videovigilància denounced, although it cannot be discarded that long ago it had been in functioning, such circumstance has not been able to be proved and of a time it has in any case not been operative here. Applied articles: 1 and 3 LOPD; 1 Instruction 1/2009
25/01/2013
RESOLUTION OF ARCHIVE of the Previous Information no. 129/2012, referring to the Institute of Aran of the Department of Education of the Generalitat de Catalunya.
IP 129/2012
The complaint lodged against the director of an educational center is filed to remit a request of urgent meeting call shown by some members of the school Council, to the rest of members of this council, to the cloister of the teaching staff and to the inspector of the institute. It is considered that the mentioned addressees were legitimated for accessing the information, its functions and the concurrent circumstances attended to. Applied articles: Article 10 LOPD.
18/01/2013
RESOLUTION OF ARCHIVE of the Previous Information no. 127/2011, referring to the Town Council of Sabadell
IP 127/2011
The sanctionative regime does not result from the LOPD of application to the denounced facts, since the diffusion on the part of the Town Council of the engraving made through a camera of videovigilància to third parties does not allow the identification of the persons who worked out engraved. Applied articles: Art. 3.a), 3.c) LOPD, and 5.t) RLOPD
28/11/2012
RESOLUTION OF ARCHIVE of the open Previous Information as a result of the complaints no. 263/2011 and no. 272/2011, referring to the Department of Justice of the Administration of the Generalitat
IP 263/2011
The person denounced for work harassment was in the report of reserved information initiated as a result of that complaint legitimated for accessing an acting report, a head has closed that reserved information. On the other hand, the instructor organ that processed another reserved information also was authorized to access that report.
Applied articles: Art. 6 LOPD, 37 LRJPAC, 24.1 CE
15/11/2012
Total number of pages: 60