Agencia española de protección de datos

Duty of collaboration with the agency

Between the functions that article 37 of the LOPD attributed to the spanish agency of data protection is to ensure the enforcement of legislation on data protection and monitoring their implementation, especially in regard to the rights of information, access, rectification, opposition and cancellation of data (article 37.1.a), as well as:

  • Require those responsible and processors, after her hearing, the adoption of measures necessary for the adequacy of the data processing to the provisions of the LOPD and, where appropriate, organise the cessation treatments and the cancellation of the files, when does not comply with its provisions (article 37.1.f).
  • Seek perpetrators of the files such assistance and information it deems necessary for the performance of its functions (article 37.1.g).
  • Exercise the power of sanction under the LOPD (article 37.1.g).

Article 40. "Power to inspection.

1. The supervisory authorities may inspect files referred to this law, to seek all information necessary for the performance of its tasks. For this purpose they may request the display or sending documents and data and consideration at the location deposited and inspect the hardware and software used for the processing of data, succumbing to premises where are installed "

Sanctioning system

The lack of cooperation is regarded as offence under article 44 of the LOPD, in accordance with the following types:

As minor offence

  • Not to refer to the spanish agency of data protection the notifications under this law or under its provisions.
  • Not request the registration in the file of personal data in the General data protection.

As a serious offence.

  • Not to heed the requirements or warnings of the spanish agency for data Protection or not to provide any documents and information required by the same.
  • Obstruction of the exercise of the function inspector.

As a very serious offence

  • Not stop the unlawful treatment of personal data if there were a required by the Director of the spanish agency of data protection for this.

Article 49. "power to freezing of files

In cases of serious or very serious in that the persistence in the treatment of personal data or its communication or subsequent international transfer could lead a serious deficiency in the fundamental rights of those affected and in particular their right to the protection of personal data, the sanctioning body may, in addition to exercising the power of sanction, to require those responsible of files of personal data, both public and private, cessation in use or illicit transfer of data. If the request, the outside neglected Sanctioning body may, through a reasoned decision,, detain these files for the sole purpose of restoring the rights of affected persons ".