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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