If last week we discussed the adoption of the Draft Law of Sustainable Economy, through whose disposal forty-third amending Law 34/2002 of 11 July, on Services Information Society and Electronic Commerce, and Royal Decree 1 / 1996 of April 12, Intellectual Property, we would like to take this opportunity to end fifty-eighth provision that amends the Law 15/1999 , 13 December, Protection of Personal Data, in particular Title VII "Violations and Penalties."
first thing you wonder is whether they have changed the amounts of the penalties that the English Agency for Data Protection is empowered to impose, and although they have changed and we must warn that the ceiling has not been reduced.
Thus, in accordance with the amendment, the amount of light sanctions between 900 and 40,000 euros (to date was 600 to 60,000 euros), the grave of 40,000 to 300,000 euros and very serious 300,000 to 600,000 euros.
Yes we have been changes in regard to acts described as minor, serious or very serious. Noted in this connection that the breach of secrecy, once established as a mild or severe, now goes to be considered serious in any case. The data transfers are conducted without consent is behavior that has been most affected because so far was characterized as a very serious offense and the amendment becomes, in general, a serious violation, except that data is transferred reveal information about the ideology, union affiliation, religion and beliefs, racial origin, health or sexual life of individuals as well as those relating to commission of criminal or administrative, in which case we would have a very serious infringement. Also, is classified as mild communicating data to a processor without the requirements of Article 12 of the Data Protection Act, conduct that was not so far characterized and it was understood that there was a transfer inconsentido, classified as very serious, as we have said.
Another aspect to be amended are the criteria that must be addressed in order to determine the amount of sanctions, including specifically the turnover or infringing activity, so that small clinics no longer are treated in large hospitals, but assess size, volume and turnover when determining the penalty.
But the two most relevant developments are those concerning the possibility of warning to the subject rather than impose a penalty and establishing a list of mitigating factors to be rated among which include the offending entity has regularized irregular diligently, that the offender has acknowledged his guilt spontaneously or can be seen that the behavior of the person concerned has been able to incite the commission of the offense. Regarding the warning
are examined this possibility in the case of acts constituting a minor or serious and if the offender had not been sanctioned or warning beforehand. When those conditions are met, in exceptional cases the Agency may not agree to the opening of disciplinary proceedings and instead warning to the offender for a specified period attesting the adoption of corrective measures in each case are appropriate.
For the entry into force of the above amendments must await publication in the Official Gazette of the Sustainable Economy Act, but no doubt these changes provide greater legal certainty, making no opening to reduce the disciplinary procedures introduce mechanisms for warning, and if proceedings are initiated enforcement, is to modulate the amounts of fines with the introduction of mitigating criteria.
Posted in Medical Writing on Thursday, February 24, 2011. Number 1404. Year VII.
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