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RESOLUTION of the sanctionative procedure no. PS 59/2010, referring to the Town Council of Badalona.
PS 59/2010
The diffusion of data of personal character without the consent of the affected persons not even the concurrence of a legal habilitation constitutes a cession or communication of data, which it is typified like a severe offense in accordance with the new sanctionative regime introduced by the Law 2/2011, of sustainable economy, that results from application in so far as it favors to the presumed infractor. The notification for edicts only proceeds once the pertinent attempts at personal notification have been made and it only has to include those data of personal character strictly necessary for the identification of the addressee of the notification. On the other hand, not to provide the Authority the information or required documentation is one constitutive of an offense severe. Applied articles: 11, 44.3 and), 44.3 k), 47 LOPD; 59 Law 30/1992; 58 Law 26/2010; 5 Law 5/2002.
07/04/2011
RESOLUTION of the sanctionative procedure no. PS 49/2010, referring to the Town Council of Figaró-Montmany.
PS 49/2010
The cession or communication of data of personal character without the consent of the person affected not even the concurrence of legal habilitation is constitutive of an offense severe in accordance with the new sanctionative regime introduced by the Law 2/2011, of sustainable economy, that results from application in so far as it favors the presumed infractor. The situation of emergency invoked by the entity imputed, but not accredited during the procedure, does not legitimate the non spoiled cession. The fundamental right to the protection of personal character data prevails in the face of the eventual collision with other non fundamental rights. Applied articles: 3, 6, 11, 44.3 k) LOPD; 3 L 32/2010; 128 L 30/1992; 25 and 26 L 7/1985; 66 and 67 DL 2/2003; 1902 CC.
31/03/2011
RESOLUTION of the sanctionative procedure no. PS 50/2010, referring to the Industrial School Consortium of Barcelona.
PS 50/2010
The lack of request of inscription of the files -previously created- in the Register of Data Protection of Catalonia. it is constitutive of a slight offense. This imputation proceeds also when the inscription was requested but it did not give fulfillment to itself to the requirement for amendment of the faults observed, in the deadline granted to the effect, since the lack of amendment entails that the desisting of the request of inscription is produced. Applied articles: 39 and 44.2 c) LOPD; 11 Law 32/2010; 55 RLOPD.
31/03/2011
RESOLUTION of the sanctionative procedure no. 40/2010, referring to the Town Council of Martorell.
PS 40/2010
Offense of the duty of information by lack of informative legend in normalized forms. Offense by lack of inscription of the files in the Register of Data Protection of Catalonia. Illicit cession of data: the communication of particulars to the security corps, without having the consent of the affected persons, should limit itself to those suppositions and categories of data that, having been required by the quoted bodies, are necessary for the prevention of a real danger for the public safety or for the repression of offenses penal. Applied articles: 44.3.k), 44.2.d) ,44.2.c), 11, 22, 5 and 39 LOPD, 55 RLOPD, 11 Law 32/2010
25/03/2011
RESOLUTION of the sanctionative procedure no. PS 11/2011, referring to the Town Council of Isona i Conca Dellà.
PS 11/2011
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.
25/03/2011
RESOLUTION of the sanctionative procedure no. PS 47/2010, referring to ÉLOGOS SL.
PS 47/2010
The lack of implementation of the safety measures indicated by the responsible for the file, constitutes a severe offense of which the person in charge of the treatment is responsible. The process of assignment of the passwords has to guarantee its confidentiality and integrity. Likewise, the pertinent safety measures have to be adopted so that the users only have access to the resources for which they are authorized. Applied articles: 9, 12, 44.3 hr), 45 LOPD, and 91, 93 RLOPD.
18/03/2011
RESOLUTION of the sanctionative procedure no. PS 51/2010, referring to the Town Council of Sant Quintí de Mediona.
PS 51/2010
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: Arts. 3 b), 20 and 44.3 to) of the LOPD
18/03/2011
RESOLUTION of the sanctionative procedure no. PS 55/2010, referring to the University of Barcelona.
PS 55/2010
The catchment of images in systems of videovigilància they require to give fulfillment to the law of information through the placing of the preceptive informative posters. Applied articles: 5, 44.2 d) LOPD; 12 Instruction 1/2009.
18/03/2011
RESOLUTION of the sanctionative procedure no. PS 46/2010, referring to the Department of Justice.
PS 46/2010
The catchment of images of the public way that the Forces and Security Corps do not make is not considered legitimate, except when the catchment becomes incidental and strictly unavoidable to attain the purposes of surveillance of buildings or facilities. The catchment of images in systems of videovigilància they require to give fulfillment to the law of information through the placing of the preceptive informative posters. Applied articles: 4, 5, 6, 44.2 d) and 44.3 d) LOPD; 1 HIM 4/1997; 5 and 12 Instruction 1/2009.
10/03/2011
RESOLUTION of the sanctionative procedure no. PS 37/2010, referring to the Master School of Infant Education and Primary Cristòfor of the Department of Education.
PS 37/2010
Illicit cession of particulars without existence of legal habilitation nor consent of the headline of the data. Applied articles: art 3 and), 11 and 44.4b) LOPD
04/03/2011
Total number of pages: 80