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Thursday, 13 July 2017 14:06

The doubts raised by the future Data Protection Act

The initial draft of the future Data Protection Act is already advancing some important developments. Above all, regarding the minimum age necessary to be able to consent to the use of personal data, important aspects regarding sanctions and infractions, credit information and some figures that needed a specific definition, such as the delegate of Data Protection.

Entry into force of the new Data Protection Act

As in other matters, changes in our legislation are motivated to adapt to European legislation. At the beginning of next year (25 May), the European Data Protection Regulation (RGPD) is expected to enter into force. In order for these regulations to apply in Spain, our internal legislation (LOPD) has to be modified and adapted.

We already have a first draft of what will be the new LOPD (Organic Law of Data Protection) in Spain. Although many modifications are predictable, it is a basis on which the different social and professional actors involved can already contribute their proposals, initiatives and opinions.

This draft contains 78 articles that are based on different fundamental aspects for the future European RGPD.

Some important developments in the draft of the new LOPD

Data of deceased persons

Up to now there has been no effective express regulation of the personal data of people who die. It is a question of allowing heirs to rectify or delete data from their deceased relatives, or for the owner to prohibit access to their data by their heirs before they die.

Protection Officer

This figure is defined in the future European regulation. Companies can choose a data protection delegate. Everything points to the need for more extensive regulation on this issue.

Age and consent

The age to consent will be 13 years. One of the gaps that seems to be existing, according to the future RGPD, is the tacit consent to the use of the data.

Offenses and sanctions

The new regulations expand the number of infringements to be penalized. The slight infractions (4 in the current LOPD) become 19, the serious ones go from 11 to 28 and the very serious ones (also 4 were so far) go to 16.

Regarding sanctions and their graduation, the draft of the Spanish LOPD refers to the content of the European Regulation.

Credit information

In the area of regulation of so-called delinquency files, debts of more than 50 euros will be included in them, and only five years may remain in those files.

Surveillance and video surveillance

Among the novelties of the new LOPD is the regulation of the permissibility of companies to record their employees, simply by placing a poster on their premises, which reports the existence of such video surveillance.

Sanctions to the administration

Another aspect that is regulated is the sanction of those responsible for public agencies and entities that commit one of the infractions included in the LOPD. The sanction will consist of a warning and possible disciplinary actions. There will be no economic or other penalty.

Writings SF Lawyers

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