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RESOLUTION of the sanctionative procedure no. PS 30/2011, referring to the Town Council of Cunit.
PS 30/2011
The cession of data of personal character related to the health without the express consent of the affected persons nor the concurrence of a legal habilitation that establishes it like this for reasons of general interest constitutes a very severe offense. On the other hand, the noncompliance of the duty of information in the collection of the data is constitutive of a slight offense. The general character of the model of request and the plurality of files with respect to which the collection of data can be made, can entail that determinate extremes of information are deferred upward up to the moment in which the responsible for the file receives the application for its procedure. Applied articles: 5, 7, 44.4 b) and 44.2 c) LOPD.
13/07/2011
RESOLUTION of the sanctionative procedure no. PS 3/2011, referring to the Institute Català de la Salut.
PS 3/2011
The access to the clinical history on part a sanitary professional, without consent of the affected person and a reason without it asistencial, it means a breach of the principle of confidentiality of the particulars. Applied articles: 44.4.g), 10, 7.3 LOPD
07/07/2011
RESOLUTION of the sanctionative procedure no. PS 05/2011, referring to the General Direction of Penitentiary Regime and Resources, of the Department of Justice.
PS 5/2011
The revelation in a judicial organ of data related to the health constitutes a breach of the duty of secret, if the data have not been required by the judicial organ and are not at all relevant in relation to the controversy that is settled in the judicial process. Applied articles: 10, 7.3, 43.1 44.3.d) LOPD, 5.1.q) RLOPD
07/07/2011
RESOLUTION of the sanctionative procedure no. PS 4/2011, referring to the Town Council of Sant Feliu de Llobregat.
PS 4/2011
Offense by lack of creation of files, since the Local Police of the town recorded telephone calls, with the consequent data processing personal, without the authorization of general disposal published in the corresponding Official Bulletin. Offense of the quality principle of the data, in its aspects of purpose and proportionality: on the one hand, the Town Council harmed the principle of purpose, as long as he used the data obtained through the recording of the calls associated with the telephone number of the Local Police for a purpose different to the one that motivated its collection, in particular, to use them as a test of charge in an initiated disciplinary report to different agents of the quoted police body. On the other hand, it harmed the principle of proportionality, in first place, to record all the outgoing and next calls to the telephone number of the Local Police in an indiscriminate way; and, in second place, not to cancel these engravings of its files when they had stopped being necessary. Applied articles: 3, 20, 44.3.a), 4, 22.4 and 44.3.d) of the LOPD, 52 of the RLOPD.
23/06/2011
RESOLUTION of the sanctionative procedure no. PS 06/2011, referring to the Town Council of Piera.
PS 6/2011
Illicit cession of particulars without existence of legal habilitation nor consent of the headline of the data. Starting the collection and data processing of personal character without the authorization of general character disposal of creation of the file constitutes a severe offense. Applied articles: 3 and), 11, 20, 44.3 to), 44.4 b) LOPD and 52 RLOPD
23/06/2011
RESOLUTION of the sanctionative procedure no. PS 23/2011, referring to the Department of Health (Center of Epidemiological Studies about the Sexually Transmitted Infections and SIDA of Catalonia).
PS 23/2011
The lack of implementation of the safety measures determined for statutory way constitutes a severe offense. The responsible for the file or the treatment has to implement and execute in an effective way the safety measures approved formally. Applied articles: 9, 44.3 hr) of the LOPD; 88, 93, 103 of the RLOPD.
23/06/2011
RESOLUTION of the sanctionative procedure no. PS 24/2011, referring to the General Direction of Compulsory Secondary Education and High School of the Department of Education.
PS 24/2011
The data processing linked to the notifications in procedures of competitive concurrence has to respect also the principle of quality of the data, so that for the purpose of identifying a physical person the name will be sufficient on making be evident and surnames, and only in the event of coincidence between two or more persons, the number of partial DNI. Applied articles: Article 4 and 44.3 d) LOPD
23/06/2011
RESOLUTION of the sanctionative procedure no. PS 25/2011, referring to Metropolitan Railway of Barcelona, SA and Transports of Barcelona, SA.
PS 25/2011
The lack of precise and unambiguous information to the persons affected, in a way previous to the collection of the data, is constitutive of a slight offense. Once the informed purpose has been attained, the data of personal character have to be suppressed, without harm of its blockade. Consequently, its conservation nor any other different use is coming. Applied articles: 3, 4, 5 and 44.2.d) of the LOPD; 8, 14 and 15 of the RLOPD
23/06/2011
RESOLUTION of the sanctionative procedure no. PS 54/2010, referring to the Town Council of the Prat de Llobregat.
PS 54/2010
It is stated that a town council has committed an illicit communication of particulars on publishing in its web a listing that contained data of personal character. The diffusion across internet in spite of not having a concrete addressee but an indeterminate plurality has to be considered like a communication of data in the sense of the article 11 of the LOPD. In this case the object communication of imputation the consent of the affected persons was made without obtained haber not even to have legal habilitation for the difussió of data of personal character. Applied articles: art. 11 LOPD and 44.3.k).
03/06/2011
RESOLUTION of the sanctionative procedure no. PS 57/2010, referring to the Town Council of Calella.
PS 57/2010
Offense of the duty of information by lack of informative legend, in the tickets of complaint used by the local police, as well as in the receipts that prove the payment of a sanction. Applied articles: 44.2.d) and 5 LOPD
03/06/2011
Total number of pages: 80