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RESOLUTION of the sanctionative procedure no. PS 8/2011, referring to the Town Council of Ribaroja d'Ebre.
PS 8/2011
The lack of creation of the files is constitutive of a severe offense. The local entities in relation to the competences that they have attributed and that imply a data processing of personal character, have to have created, with previous character, the preceptive files through disposal of general character, that has to be published in the corresponding official newspaper and notify for its inscription to the Register of Data Protection of Catalonia depending on the Catalan Authority of Protection of Data. Applied articles: 20 and 44.3 to) LOPD.
18/05/2011
RESOLUTION of the sanctionative procedure no. PS 9/2011, referring to the Town Council of Tivissa.
PS 9/2011
The lack of creation of the files is constitutive of a severe offense. The local entities in relation to the competences that they have attributed and that imply a data processing of personal character, have to have created, with previous character, the preceptive files through disposal of general character, that has to be published in the corresponding official newspaper and notify for its inscription to the Register of Data Protection of Catalonia depending on the Catalan Authority of Protection of Data. Applied articles: 20 and 44.3 to) LOPD.
18/05/2011
RESOLUTION of the sanctionative procedure no. PS 26/2011, referring to the Autonomous University of Barcelona.
PS 26/2011
The access to data of personal character without any type of restriction is one constitutive of an offense severe. The responsible for the file has to guarantee the data of personal character, those authorized users with regard to the attributed functions, that they only access. Applied articles: 3, 9 and 44.3 hr) LOPD; 5 and 91 RLOPD.
12/05/2011
RESOLUTION of the sanctionative procedure no. PS 61/2010, referring to the municipal group of the Partit Popular in the Town Council of Begues.
PS 61/2010
The data processing of personal character without the previous consent of the affected persons nor the concurrence of a legal habilitation is one constitutive of an offense severe. Only sources accessible to the public constitute those described as such in the 3 j article) of the LOPD. On the other hand, the noncompliance of the duty of information in the collection of data with respect to the affected ones constitutes a slight offense. The possibility of exemption of the duty of information contemplated in the article 5.5 -first paragraph- of the LOPD has to be adopted through resolution of the Authority in accordance with the corresponding procedure, that is, it does not correspond to the responsible for the file to decide if this exemption can be of application. Applied articles: 3, 5, 6, 30, 44.2.d) and 44.3.d) LOPD; 10, 12 and 153 to 156 RLOPD.
05/05/2011
RESOLUTION of the sanctionative procedure no. PS 1/2011, referring to the Clinical and Provincial Hospital of Barcelona.
PS 1/2011
The communication of data of personal character related to the health without the express consent of the affected persons nor the concurrence of a legal habilitation, which foresees it like this for reasons of general interest, is constitutive of a very severe offense. On the other hand, the lack of implementation of the safety measures concerning the document management and supports determined for statutory way, it constitutes a severe offense. The breach of these safety measures for the staff of the responsible for the file, brings to light that these are insufficient or ineffective for the pursued purpose, or, that they have not made themselves effective in pilot of way. Applied articles: Arts. applied: 7, 9, 44.3 hr) and 44.4 b) LOPD; 92, 97, 101 RLOPD; 4 Law 14/2007; 11 Law 21/2000.
05/05/2011
RESOLUTION of the sanctionative procedure no. PS 2/2011, referring to the Town Council of Olesa de Montserrat.
PS 2/2011
The revelation of particulars concerning the commission of an administrative offense, made during the celebration of a Plenum, to give answer to a question formulated by a citizen, constitutes a breach of the duty of secret since the formulated question did not justify this revelation. Applied articles: Arts. 10 and 44.3 g) LOPD
05/05/2011
RESOLUTION of the sanctionative procedure no. 16/2011, referring to the Town Council of Sarrià de Ter.
PS 16/2011
The lack of creation of the files is constitutive of a severe offense. The local entities in relation to the competences that they have attributed and that imply a data processing of personal character, have to have created, with previous character, the preceptive files through disposal of general character, that has to be published in the corresponding official newspaper and notify for its inscription to the Register of Data Protection of Catalonia depending on the Catalan Authority of Protection of Data. Applied articles: 20 and 44.3 to) LOPD.
05/05/2011
RESOLUTION of the sanctionative procedure no. PS 48/2010, referring to the Town Council of Tremp.
PS 48/2010
The order, on the part of a Town Council to a public corporation, of the management of the service of supply of potable water of a town, entails the need to formalize in writing the specifications of the article 12 of the LOPD, since this juridical relation entails unavoidably the personal access and data processing contained in files of which the Town Council is responsible. The fact that the public corporation has been created by a consortium of which the sanctioned Town Council is part, is not a characteristic that alters the regime applicable to the communication of particulars. Applied articles: arts. 44.2.d) and 12 LOPD, art. 2 Law 30/1992.
15/04/2011
RESOLUTION of the sanctionative procedure no. PS 60/2010, referring to the municipal group of Convergència i Unió in the Town Council of Mediona.
PS 60/2010
The use of the data of personal character with a different purpose in that for which they were obtained without the consent of the affected persons or the concurrence of a legal habilitation constitutes a severe offense. The town councilors are empowered in order to access the documentation of the register of entry and exit of documents of the Town Council in order to control, according to the legislation of local regime. This faculty does not allow but to use the particulars in which has been accessed, in order to contact the persons affected in order to offer him support. Applied articles: 3 hr), 4, 5, 6, 44.3 D) LOPD; 10 and 12 RLOPD; 164 legislative Decree 2/2003.
15/04/2011
RESOLUTION of the sanctionative procedure no. 45/2010, referring to the Town Council of Susqueda.
PS 45/2010
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: 44.3.a) and 20 LOPD, and 52 RLOPD
07/04/2011
Total number of pages: 80