Protection Data

The final dispositions second and third of Real Decree 1011/2009, of 19 of June, by that the Office of Provider Changes is regulated, establish the obligation of which all the marketing of provisions of gas and light they create and they put at the disposal of the rest of companies a data base of Points of Provision, thus giving to know who are their clients to the competition. Several companies of the sector, recently denounced these dispositions before the TS, on the basis of the infringement of the Art.11 of Statutory law 15/1999, of 13 of December, Protection of Data of Carcter Personal (LOPD), nevertheless, the Court has rejected the resource, not only because it considers that the commercialization and use of this information foment the competition, (whenever the citizens have not denied their consent), but also because they consider that such infringement of Art. 11 of the LOPD does not exist. This article determines that: 1. The personal character data object of the treatment could only be communicated to a third party for fulfillment of aims directly related to the legitimate functions of the assigner and the assignee with the previous consent of the interested one.

Despite, in its section 2 contemplates the possibility of doing without the consent, When the treatment responds to the free and legitimate acceptance of a legal relation whose development, fulfillment and control necessarily imply the connection of this treatment with files of third parties. In this case the communication will only be legitimate as soon as it is limited the purpose justifies that it. The TS has taken as it bases this separated second, to justify the cession of these data, that are formed by: to title of the provision point, use of the provision point, if one is habitual house or no, as well as information regarding the non-payments. In addition, it concludes the sentence, that this cession reveals suitable, necessary and provided with respect to the fulfillment of the aims that persecutes the creation of the Office of Changes of Provision that it intends to guarantee straight of the consumers of gas to the provider change .