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RESOLUTION of the sanctionative procedure no. PS 59A/2011, referring to the Vall d'Hebron University Hospital, dependent on the Institute Català de la Salut.
PS 59A/2011
The access to the clinical history on the part of non authorized person, propicitat for the fact that the hospital remitted wrongly a third person the history, means a breach of the duty of secret. On the other hand, the lack of a register of incidences and of a document of security, in the terms described in the RLOPD, infringes the principle of security of the data. Application of the new regime sanctionative of the LOPD as a more favorable rule. Concurrence of the subjective element of the infractor type. No concurrence of an error of prohibition. Applied articles: 44.3.d), 10, 44.3.h), 9 LOPD and 88, 90, 100 RLOPD
29/03/2012
RESOLUTION of the sanctionative procedure no. PS 59B/2011, referring to the Vall d'Hebron University Hospital, dependent on the Institute Català de la Salut.
PS 59B/2011
The access to the clinical history on the part of non authorized person, propicitat for the fact that the hospital remitted wrongly a third person the history, means a breach of the duty of secret. Prescription. Concurrence of the objective and subjective elements of the infractor type. Applied articles: 44.3.d) 10 LOPD
29/03/2012
RESOLUTION of the sanctionative procedure no. PS 59C/2011, referring to the Vall d'Hebron University Hospital, dependent on the Institute Català de la Salut.
PS 59C/2011
The loss on behalf of the documentation that should contain the clinical history constitutes a breach of the principle of security of the data. Applied articles: 44.3.h), 9 LOPD, 7, 14, 17, 19 Law 41/2002, and 5.9, 12, 14 Law 21/2000
29/03/2012
RESOLUTION of the sanctionative procedure no. PS 6/2012, referring to the Municipal Institute of Treasury of the Town Council of Barcelona
PS 6/2012
The publication in an official bulletin of an edict of notification of events on the subject of traffic, made without having constancy that the personal notification has not been able to be practiced, constitutes an illegitimate cession, since the publication does not remain protected by the art. 59.5 Law 30/1992. Applied articles: Art. 7, 11.2.a) and 44.4.b) LOPD, 59.5 LRJPAC and 7.Managerial f 95/46
22/03/2012
RESOLUTION of the sanctionative procedure no. PS 63/2011, referring to the Town Council of Barcelona.
PS 63/2011
The treatment of images through cameras of videovigilància in order to control the traffic without the consent of the affected persons and without the concurrence of a legal habilitation is constitutive of a severe offense. Before starting the treatment, it is necessary that the competent authority authorizes the installation and use of the cameras with purpose of traffic control. On the other hand, the lack of informative posters of the existence of the video cameras is constitutive of a slight offense. Applied articles: 5, 6, 44.3.b, 44.2.c of the LOPD; additional disposal 8th HIM 4/1997; additional disposal 2nd D 134/1999; 5 and 12 of the Instruction 1/2009.
22/03/2012
RESOLUTION of the sanctionative procedure no. PS 64/2011, referring to the Department of Education, of the Generalitat de Catalunya.
PS 64/2011
The appearance of documentation with particulars on the public way harms the duty of secret and is constitutive of a severe offense. On the other hand, the lack of implementation of the safety measures established in the RLOPD also is constitutive of a severe offense. Applied articles: 9, 10, 44.3.d, 44.3.h of the LOPD; 83, 88, 90, 92 and 100 RLOPD.
22/03/2012
RESOLUTION of the sanctionative procedure no. PS 56/2011, referring to the municipal group of Convergència i Unió in the Town Council of l'Ametlla de Mar.
PS 56/2011
Dealing the personal datum referring to the mobile telephone number for the sending of messages of electoral propoganda without enjoying the consent of the affected persons is considered constitutive of an offense typified as severe in the article 44.3.b) in relation ambl'article 6, both, of the LOPD. Applied articles: Article 6 and 44.3.b) of the LOPD
15/03/2012
RESOLUTION of the sanctionative procedure no. 67/2011, referring to Barcelona Municipal Services, S.A.
PS 67/2011
The consignment of the disciplinary record of the workers in the folds of charges formulated in the sinus of disciplinary reports, when these data had to have been canceled in accordance with the Work Agreement signed among workers and company, it infringes the principle of quality of the data. Concept of blockade. Retroactivity as a whole of the more favorable sanctionative rules. Analysis of the application of the figure of the warning, of the alleviation qualified of article 45.5 LOPD and of the criteria of graduation of article 45.4 LOPD. Applied articles: 44.3.c), 4 and 45 LOPD, 128 and 130 Law 30/1992
15/03/2012
RESOLUTION of the sanctionative procedure no. PS 66/2011, referring to the General Direction of the Police of the Department of Inside of the Generalitat de Catalunya.
PS 66/2011
A contrary treatment is considered at the beginning of quality of the data -in its aspect of proprocionalitat- to collect the data of filiation, number of DNI, etc, to end and effects of identifying that one who performs like lawyer of the part imputed in some police diligences. Applied articles: Art. 4 and 44.3 c) LOPD
08/03/2012
RESOLUTION of the sanctionative procedure no. PS 2/2012, referring to the Town Council of Tossa de Mar
PS 2/2012
The catchment of images through cameras of videovigilància subjected to the LOPD requires the previous creation of the file. The preceptive posters have to inform, if it is the case, about the catchment of the voice, and in all the cases about the responsible for the file and on the place or web to consult the rest of information of the art. 5 LOPD not expressly foreseen in the poster. The catchment of images and voices of the policeman who loans services in the reception, of the screen of its computer, and of the zone of access to the public toilets, is disproportionate to attain the purpose of control of accesses and security. The utilization of these images to initiate a disciplinary procedure contravenes the principle of purpose. Applied articles: Art. 4.1, 4.2, 5, 20, 44.2.c), 44.3.a) and 44.3.c) LOPD and 12 Instruction 1/2009
23/02/2012
Total number of pages: 80