After a year in their processing since they first came to the House, on March 5 was published in the Official Gazette, the long awaited Law 2 / 2011, March 4, Sustainable Economy (LES), which introduces into our legal system a lot of structural reforms (114 articles, 15 additions, 10 interim and 60 final provisions, almost all changing laws in force) with the aim, as states Article first introduce the necessary structural reforms to create conditions conducive to sustainable economic development. Sustainable economy in their art. second set, is "the pattern of growth that reconciles economic, social and environmental in a productive and competitive economy capable of satisfying the needs of present generations without compromising the ability of future generations to meet their own needs."
Law at its fifty-eighth Disposal is dedicated to the Organic Law 15/1999 of December 13, Protection of Personal Data, especially changing the regime sanctions. Penalties
which introduces the concept of warning as an alternative to the fine, so that the English Agency for Data Protection can be applied in exceptional cases, not initiating disciplinary proceedings when the facts constituting the infringement were mild or severe and the offender had not been sanctioned or warning beforehand.
amends the classification of certain violations. Thus, the transfer of data that are not specially protected as a serious violation is a criminal, rather than very serious, and the transmission of data to a processor without compliance with formal duties established in article 12 is a minor infraction.
also expands the number of criteria for grading the sanctions. For example, it allows to graduate the amount of the penalty based on the turnover of the offender or if it was established that adequate procedures in place performance in the collection and processing of personal data. The number of criteria will be ten, which will allow the Agency to establish tighter sanctions and consistent with the reality that lies behind each violation. Along
also expand the criteria for consideration of the scale of sanctions immediately below the first applicable. In this regard, include the spontaneous recognition of guilt by the offender or the offending entity has adjusted their status in a diligent
Finally, increases the minimum amount of penalties for minor infringements (of 601, 01 to 900 euros) and reduces the upper limit (from 60,101.01 to 40,000 euros).
In short, a reform that should be implemented, reassessing the risks in data protection, our clinics, hospitals and health sector companies and above all proactive and reactive strategies to disciplinary procedures. No doubt these changes will provide greater legal certainty, making no opening to reduce the disciplinary procedures by introducing warning mechanisms, and if disciplinary proceedings are initiated, it will modulate the amounts of fines with the introduction of mitigating criteria.
Posted in Medical Writing on Thursday, March 24, 2011. Number 1424. Year VII.
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