For the Monty Python fans among us: "No-one expects the Spanish Information
Commissioner. Our three weapons are........"
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Charles Prescott
Sent: Tuesday, January 20, 2004 1:15 AM
To: [log in to unmask]
Subject: Re: [data-protection] DP in Spain
Sounds really good doesn't it? BUT, one of the companies not mentioned,
which was fined for not having put in an opt-out notice in its mailed
promotion piece which was prepared before the effective date of the law, but
sent afterwards through the error of the lettershop, is now bankrupt. It was
a small operation run by a beginning entrepeneur. Under Spanish law, you
have to pay the fine levied by the DPA and THEN you can appeal. And, by the
way, the DPA is prosecutor, judge, and jury. Legal appeals in court from
decisions of this nature usually take between 6 and 8 years. Justice?
Helpful? Useful?
I don't think so. But very Spanish, of course. Authoritarian, strict,
draconian. When sophisticated companies with lots of lawyers have trouble
complying with a complex law, fining companies and bankrupting people
doesn't build respect, or even fear. It builds resentment which at some
point will create a legal backlash.
I know you are frustrated with what you have, but from what I can see,
the UK has taken the right path, focused primarily on education,and you are
building a constructive data protection environment.
Bankrupt a small company that fails to put an opt-out notice in a
mailing? Ridiculous. What's the damage that can't be repaired otherwise?
Charles A. Prescott
Vice President, International Business Development & Government Affairs
Direct Marketing Association 1120 Avenue of the Americas New York, NY 10036
U.S.A.
Tel. +1-212-790-1552
Fax. +1-212-790-1499
e-mail: [log in to unmask]
website: www.the-dma.org
Helping businesses go direct worldwide.
>>> "Otter, Thomas" <[log in to unmask]> 01/17/04 08:11 AM >>>
Hello thought this might interest some of you Interesting to compare with
the OIC's actions The Agencia de Protección de Datos (APD) is charged with
enforcing the LOPD.[2491] The Agency maintains the registry and can
investigate violations of the law. The agency has issued several decrees
setting out in more detail the legal requirements for different types of
information. In December 2000 it issued guidance on international transfers
of data.[2492] As of December 2001, the number of registered databases was
271,875.[2493] In 2001, the agency conducted 405 investigations most of
which were carried out on the basis of individual complaints. 363 complaints
were received regarding the refusal of data controllers to grant subjects
access to their files.[2494] In September of 2000, the agency fined
Telefónica, the Spanish telephone company, EUR 60,000 for a glitch in its
computer systems that allowed improper access to customer files.[2495] A ESP
180 million (EUR 1 million) fine was issued in January of 2001 to Zeppelin,
the television company producing the Spanish version of the show "Big
Brother," for releasing personal information on those who tried out for the
show.[2496] A 100,000 peseta fine was issued to Caja Insular de Ahorros de
Canarios in February 2001, and Microsoft Iberica was fined 10 million
pesetas in April for improper use of client information.[2497] The agency
has recently opened an investigation against the University of Zaragoza on
allegations that the university sold alumni information without
permission.[2498] Appeals against decisions of the APD may be brought before
an administrative court. In 2000, 54 such appeals were brought. The court
upheld the decisions of the Authority in the majority of these cases.[2499]
In 2002, the APD considered the case of the company Inlander that was
accused of storing personal data of Spanish citizens on a US-based database
and failing to take security measures to protect private data.[2500]
http://www.privacyinternational.org/survey/phr2003/countries/spain.htm
Regards
Thomas
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All archives of messages are stored permanently and are
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