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RESOLUTION of the sanctionative procedure no. 39/2010, referring to the Town Council of Cunit; and to La Auxiliar de Recaudación, S.L.,
PS 39/2010
If the responsible for the file orders third one a service that implies the access to particulars, the contract of treatment person in charge that has to contemplate all of the foreseen extremes has to be formalized to the article 12 of the LOPD. For lack of the mentioned contract, the person in charge of the treatment is responsible, in turn, of a treatment il·licit of particulars. Applied articles: Arts. 6, 12, 45, 44.3.d) LOPD
04/03/2011
RESOLUTION of the sanctionative procedure no. 43/2010 referring to the Town Council of Reus and to the company FI-4 Open Source, SL
PS 43/2010
The Town Council did not formalize a contract of person in charge of the treatment with the adjudicator company of the contract of services that the access to municipal data bases of test implied. He did not establish the necessary safety measures either, nor he kept vigil enough so that the company adopted them adjudicator of the contract, neither did it elaborate correctly nor did it keep the document of security updated. For his part, the adjudicator company exported data without the previous authorization of the responsible for the file, and did not establish the necessary mechanisms of identification and authentication to avoid undue accesses through a web of public access. Applied articles: Art. 10.2 of the Decree 278/1993
04/03/2011
RESOLUTION of the sanctionative procedure no. PS 42/2010, referring to the Municipal Institute of Treasury of the Town Council of Barcelona.
PS 42/2010
The data processing linked to the notifications in sanctionative procedures by offenses on the subject of traffic has to respect also principle of quality of the data, taking that foreseen to the applicable sectorial regulations into account. Applied articles: Arts. 44.3 d) and 4 both of the LOPD, art. 78 of the RDL 339/1990
24/02/2011
RESOLUTION of the sanctionative procedure no. 38/2010, referring to the Town Council of les Franqueses del Vallès
PS 38/2010
The noncompliance of the requirements for the Authority so that determinate documentation or information is brought, it is constitutive of a severe offense, also when fulfillment is given to the requirements during the procedure for the sanctionative procedure initiated by this offense. Applied articles: 16.3 Law 5/2002, 5, 44.3.i) and 46.3 LOPD
10/02/2011
RESOLUTION of the sanctionative procedure no. 36/2010, referring to Catalan l?Institut of the Health.
36/2010
The treatment of the particulars for purposes different to those that motivated its|his|her|their collection constitutes a severe offense. The instructor of a disciplinary procedure is not empowered to access data of health collected by the same entity with welfare purposes, unless the affected one him consenteixi expressly. Applied articles|items: And), 4, 7, 44.3 d) LOPD and 11.5 of the Law 21/2000
27/01/2011
RESOLUTION of the sanctionative procedure no. 30/2010 referring to the Town Council of Esparreguera
PS 30/2010
The noncompliance of the requirements made by the Authority is constitutive of severe offense, without the eventual lacks of staff being able to exempt from the duty of being them. Applied articles: Art. 16.3. Law 5/2002, 44.3.1 and 46.3 LOPD
12/01/2011
RESOLUTION of the sanctionative procedure no. 32/2010 referring to the General Direction of the Police
PS 32/2010
The breach of the duty of secret committed in relation to data understood in a file is imputable to the administrative organ responsible for the file, once the regime of responsibilities foreseen has been attended to in the LOPD. Applied articles: Arts. 10, 43.1 and 44.3.g) of the LOPD.
12/01/2011
RESOLUTION of the sanctionative procedure no. PS 33/2010, referring to the Town Council of Esplugues de Llobregat.
PS 33/2010
The systems of videovigilància with purposes of regulation and ordering of the traffic requires the placing from the preceptive informative poster, as well as the creation and inscription of the corresponding file. The responsible for the file is that one who decides, the contents and the use of the treatment, about the purpose. The facts ascertained by the inspectors of the Authority have the presumption of veracity. Applied articles: 5, 20 LOPD, 52 to 54 RLOPD and 9 and 12 of the Instruction 1/2009
12/01/2011
RESOLUTION of the sanctionative procedure no. 34/2010, referring to ALBERA HEALTH SLP (ABS Perelada).
PS 34/2010
The sending of particulars related to the health through telefax, without taking any measure of additional precaution, the principle of security of the data harms, since it is not guaranteed that, in the moment of the reception of the fax on the part of the addressee entity, the person or persons who have the access to the mentioned data allowed will enter the information sent only. Applied articles: Arts. 9 LOPD; 92 RLOPD
12/01/2011
RESOLUTION of the sanctionative procedure no. PS 29/2010, referring to the Town Council of Sant Andreu de Llavaneres.
PS 29/2010
The implantation on the part of a Town Council of a system of videovigilància with recording of images with purpose of security of the building and of the staff, 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 purpose, to treat the images recorded for purposes different to those that motivated its collection. Applied articles: 4, 20 LOPD; RLOPD; and 6, 9 and 11 of the Instruction 1/2009
22/12/2010
Total number of pages: 80