The second and third of Royal Decree 1011 final provisions / 2009, of 19 June, which regulates the Office of changes of supplier, establish the obligation that all the distributors of supplies of gas and light believe and put at the disposal of other companies a database of points of supply, thus giving to know who are your customers to the competition. Several companies in the sector, recently denounced these provisions before the TS, based on the violation of the art.15 of the organic law 15/1999, of 13 December, of protection of data of Personal character (LOPD), however, the Court has dismissed the, not only because it considers that the marketing and use of this information encourages competition, (provided that citizens have not refused its consent), but also because they consider that such violation of Art. 11 of the data protection act there is no. This article determines that: 1. the object of treatment personal data may only be communicated to a third party for compliance purposes directly related to the legitimate functions of the assignor and the assignee with prior consent of the person concerned.
However, in its paragraph 2 it contemplates the possibility of dispensing with consent, when the treatment responds to the free and legitimate acceptance of a legal relationship whose development, fulfilment and control necessarily involves the connection of that treatment with third-party files. In this case the communication will only be legitimate insofar as it is limited to the purpose that justifies it. The TS has taken as a base this second paragraph, to justify the transfer of such data, which are formed by: holder of the point of supply, use of the supply point, if it’s residence or not, as well as information relating to defaults. In addition, concludes the judgment, that such transfer is revealed adequate, necessary and proportionate with regard to the fulfilment of the purposes pursued by the creation of the Office of supply changes which aims to guarantee the right of consumers of gas to the change of supplier.