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RESOLUTION of the sanctionative procedure no. PS 44/2011, referring to the Department of Agriculture, Stockbreeding, Fishes, Feeding and Natural Environment, of the Generalitat de Catalunya.
PS 44/2011
The implantation of a system of videovigilància with recording of images with purpose of security of the building, without the previous creation of the file through general disposal, constitutes a severe offense. On the other hand, a severe offense is the breach of the principle of proportionality to treat images of persons who go on the public way in an excessive way in relation to the purpose pursued (surveillance of the facilities). Applied articles: 4, 20, 44.3.a and 44.3.c of the LOPD; 5 and 9 of the Instruction 1/2009; HIM 4/1997; Decree 134/1999.
15/12/2011
RESOLUTION of the sanctionative procedure no. PS 39/2011, referring to the Town Council of the Palma de Cervelló.
PS 39/2011
It constitutes a foreseen offense to the legislation of data protection, to use a personal datum for a purpose different of that by which it had been redigged, since this new use, it requires a new consent. Applied articles: Article 4.2, 6.1, 44.3 d) LOPD and art.60 LGT and 34 of the RD 939/2005 RGR
01/12/2011
RESOLUTION of the sanctionative procedure no. PS 45/2011, referring to System of Medical Emergencies, SA.
PS 45/2011
A severe offense is the breach of the principle of proportionality to treat images of persons that they go for the way public or of workers in zones of smokers, in an excessive way, in relation to the purpose pursued (surveillance of the facilities). Applied articles: 4, 44.3.c, 45 and 46 of the LOPD; 5 RLOPD; 5 and 7 of the Instruction 1/2009; HIM 4/1997; Decree 134/1999.
01/12/2011
RESOLUTION of stay of the sanctionative procedure no. PS 49/2011, referring to the Town Council of Vilanova i la Geltrú.
PS 49/2011
An offense does not constitute the installation of videovigilància cameramen for the Local Police if these are not put into operation until the reception of the preceptive authorization. Applied articles: 20 Decree 278/1993
01/12/2011
RESOLUTION of the sanctionative procedure no. PS 52/2011, referring to the Town Council of the Prat de Llobregat.
PS 52/2011
The communication of particulars concerning the commission of presumed administrative offenses in the organs of representation of the civil servant staff, without the consent of the affected person nor neither the concurrence of express legal habilitation constitutes a very severe offense applied Articles: 7, 10, 11 and 44.4.b of the LOPD; 10 of the HIM 11/85; 31 of the Law 30/92; 37, 40 and 41 of the Law 7/07; 300 of DL 2/03; 56 of D 243/95.
01/12/2011
RESOLUTION of the sanctionative procedure no. PS 43/2011, referring to the University of Barcelona (Faculties of Physics and Chemistry).
PS 43/2011
A severe offense is the breach of the principle of proportionality to treat images of persons who go on the public way in an excessive way in relation to the purpose pursued (surveillance of the facilities). Applied articles: 4 and 44.3.c of the LOPD; 5 of the Instruction 1/2009; HIM 4/1997; Decree 134/1999.
24/11/2011
RESOLUTION of the sanctionative procedure no. PS 32/2011, referring to the Town Council of L'hospitalet De Llobregat
PS 32/2011
The catchment of images through systems of videovigilància requires to give fulfillment to the law of information through the placing of the preceptive informative posters, and it is not allowed to pick up images on the public way, unless the forces and security corps in accordance with its specific regulations carry it out. Applied articles: Arts. 5, 4.1, 44.2 d) and 44.3.d) LOPD, 5.4.b) and 12 Instruction 1/2009
11/10/2011
RESOLUTION of the sanctionative procedure no. PS 37/2011, referring to the Town Council of Vacarisses.
PS 37/2011
An illicit communication of data of personal character is considered, the diffusion of documentation that contains particulars made in third one without having the consent of the affected person nor legal habilitation that protects this cession. Applied articles: 3.i), 11 and 44.3 k) LOPD
29/09/2011
RESOLUTION of the procedure no. PS 46/2011, referring to Barcelona Activa, S.A., municipal private Society.
PS 46/2011
Breach of duty of secret to be on the way it publishes documentation that contains particulars. The foreseen warning applies 45.6 LOPD to itself in the article. Applied articles: 10, 44.3.d) and 45.6 LOPD
29/09/2011
RESOLUTION of the sanctionative procedure no. PS 28/2011, referring to the Town Council of Vilanova i la Geltrú.
PS 28/2011
The treatment of particulars on the part of a town council without conceding the information that foresees the article 5.4 of the LOPD when the data have not been collected of the person concerned, he declares constitutive of severe offense. Likewise a municipal society is stated that the town council has treated particulars of il·licita way since he has ordered the rendering of services, that it implies the access and data processing contained in the files of the town council without formalizing the corresponding contract of treatment person in charge in a previous way. Applied articles: Articles 5.4, 12, 44.2.d), 44.2.a) and 44.3.I) of the LOPD,
22/09/2011
Total number of pages: 80