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RESOLUTION OF ARCHIVE of the Previous Information no. 7/2012, referring to the Catalan Institute of the Ground.
IP 7/2012
The communication of personal character data when a legal habilitation coincides or replies to the free and legitimate acceptance of a juridical relation the development, the fulfillment and the control of which implied necessarily the connection of the data processing controversial with the files of third, he does not require the consent from the affected person. Applied articles: 11 LOPD; 11 Law 7/2006; 4 Law 30/1992
07/06/2012
RESOLUTION OF ARCHIVE of the Previous Information no. 36/2012, referring to the General Direction of the Police of the Department of Inside of the Generalitat de Catalunya.
IP 36/2012
The complaint is filed provisionally because by virtue of the principle of personality of the sanctions, and with the result of the performances of research practiced any evidence does not appreciate that it allows to consider that the presumed breach of the duty of secret would have been produced on the part of the denounced entity. Applied articles: 10 LOPD and 10.2 and 20.1c) of the Decree 278/1993
01/06/2012
RESOLUTION OF ARCHIVE of the previous information no. 65/2011, referring to Metropolitan Tram SA, Metropolitan Tram of the Besòs SA, Trambaix UTE and Trambesòs UTE.
IP 65/2011
The cession in the court of the images of the accusing person (user of a public means of transport) on the part of the responsible for the file of videovigilància (operator of the tramviari system), does not require of the consent of the affected person, the existence of a legal habilitation that protects this cession attended to, as the case is of defense upward (art. 24 CE). Other breaches denounced about the system of videovigilancia (law of information and principle of proportionality or consent) are not appreciated either. Applied articles: Art. 5, 6, 11.2.a) of the LOPD and art. 24 CE. Instruction 1/2009
31/05/2012
RESOLUTION OF ARCHIVE of the Previous Information no. 151/2011, referring to the Town Council of Lleida
IP 151/2011
The archive proceeds when evidence of offense is not observed. The data sol·lictades (driving licence, DNI and address of the driver) they are necessary for the identification of the presumed infractor of the regulations of traffic and the procedure of the corresponding sanctionative procedure. Applied articles: rt. 4 LOPD, 10.2 of the Decree 278/1993, 9.bis.1) and 77.1 Royal legislative decree 339/1990, 1 Royal decree 1553/2005.
30/04/2012
RESOLUTION OF ARCHIVE of the previous information referring to the Town Council of l'Hospitalet de Llobregat (IP 156/11 and 157/11).
IP 156/2011
The notification made in an address that is not that of the fiscal address of the person affected, after having endeavoured it fruitlessly in the mentioned address, does not trample the principle of accuracy of the data, since the jurisprudence answers for the search of alternative addresses to endeavour the personal notification and to avoid the notification for edicts. On the other hand, the principle of purpose is not harmed either if the data initially facilitated by the person interested in the Administration, they use themselves for the practice of tributary notifications, since there is a rule with rank of law that fits it out. In the last one, the delivery to a third person who is in the address where the sending was made, of a closed envelope in what is consigned correctly the addressee of the communication, it does not constitute a breach of the duty of secret.
Articles aplicats:Art. 4, 10 LOPD, 8.5 RLOPD and 95, 110, 111 LGT.
15/03/2012
RESOLUTION OF ARCHIVE of the previous information referring to the Town Council of l'Hospitalet de Llobregat (IP 156/11 and 157/11).
IP 157/2011
The notification made in an address that is not that of the fiscal address of the person affected, after having endeavoured it fruitlessly in the mentioned address, does not trample the principle of accuracy of the data, since the jurisprudence answers for the search of alternative addresses to endeavour the personal notification and to avoid the notification for edicts. On the other hand, the principle of purpose is not harmed either if the data initially facilitated by the person interested in the Administration, they use themselves for the practice of tributary notifications, since there is a rule with rank of law that fits it out. In the last one, the delivery to a third person who is in the address where the sending was made, of a closed envelope in what is consigned correctly the addressee of the communication, it does not constitute a breach of the duty of secret.
Articles aplicats:Art. 4, 10 LOPD, 8.5 RLOPD and 95, 110, 111 LGT.
15/03/2012
RESOLUTION OF ARCHIVE of the Previous Information no. 294/2011, referring to the Syndic of Offenses.
IP 294/2011
The administrative organ has to preserve copy of the documentation brought with the request during the deadline that he establishes the sectorial legislation. The sending by ordinary mail does not break the safety measures with respect to the particulars that it contains, the guarantee of inviolability of the communications attended to. Applied articles: 46 and 49 of the Law 26/2010; 9 of the Law 10/2001; 3 and 9 of the Law 23/1998; 114 RLOPD; 10 of the Decree 13/2008; 6 and 7 of the Royal Decree 1829/1999.
08/03/2012
RESOLUTION OF ARCHIVE of the previous information no. 176/2010, referring to the General Direction of Policeman of the Department of Inside of the Generalitat de Catalunya.
IP 176/2010
The creation and maintenance of a file on the part of a public administration in which they represent the particulars of its workers related to the periodes of work casualty and the type of contingency, as well as the treatment of these data in this file, a performance would be according to the LOPD given the existence of legal habilitation. The cession of data in a judicial organ will be it legitimates due to the law of defense of the article 24 of the CE, always and when the communicated information has relation with the question discussed in the judicial process. Applied articles: 7.3 LOPD, 24 CE
01/03/2012
RESOLUTION OF ARCHIVE of the previous information no. 155/2011, referring to the Department of Territory and Sustainability of the Generalitat de Catalunya.
IP 155/2011
The data processing consistent in the casualty of an address of corporative electronic mail on the part of an empleador, it would be allowed always and when it is due to organizational reasons and the due cautions are kept in order to preserve the dignity of the worker. On the other hand, the treatment of particulars of the worker consistent in the storage of its particulars to the computer systems of the empleador, propitiated by the introduction on the part of the same worker of personal documentation, a performance according to the regulations is always and when previament to the worker is informed about the illicitness from using the entrepreneurial computer systems in particular interest. Applied articles: 3.c) and 6 LOPD, 20 YOU
01/03/2012
RESOLUTION OF Previous Information ARCHIVE no. 110/2011, referring to the Town Council of Terrassa.
IP 110/2011
In controls of road security with statistical purposes, the legislation of statistics imposes the compulsory character of supplying the information that is required when it is a matter of statistics of interest in the Generalitat, motive for which it will not be necessary to redig the consent of the unemployed person in this control. Moreover, in these controls the agents will have to comply with right of information foreseen to the legislation of statistics, and in the event of noncompliance a foreseen slight offense could be committed in the artcile 44.2 c) of the LOPD, according to the given writing for the THE. And finally, the complaint about the 'eventual breach of the principle of quality of the data in that referring to the registration of the vehicle is filed 'since this datum had been canceled. Applied articles: 2.3b) and 4 LOPD, 34, 35 and 38 of the Law 23/1998
16/02/2012
Total number of pages: 60