APD processes and sanctions against Spanish companies for ’spam’

The Spanish Agency for Data Protection (DPA) is currently processed sanctions against Spanish companies that send unsolicited commercial e-mail, popularly known as' spam ', though not yet in our country production no fine for this violation.

President of the DPA, Jose Luis Pinar, said today after appearing before the Constitutional Committee of Congress that "there are already initiated in certain" sanctions against issuers' spam ', but noted that "are still in the process of instruction, "since the agency took these skills" recently " .

Pinar reported difficulties in pursuing this practice due to the "border" of the Internet. However, emphasized the importance of continuing to work

and setting lines of collaboration with national authorities throughout the world, promoting the exchange of information, despite the fact that "it is sometimes impossible."

In this regard, he referred to the importance of the meeting held last October 11 in London under the auspices of the OECD, took part responsible for the implementation and enforcement of the rules' spam 'from 15 different countries of the five continents and industries involved.

The result of this meeting was the adoption of an agreement that 19 authorities initiated a joint Action Plan (London Action Plan on Spam), consisting in a very direct action (appointment of contact points, regular communications between countries, exchange of experiences and problems, etc..) fluid to establish channels of communication and mutual cooperation in combating this problem.

Pinar also explained that Canadian companies and institutions have already taken the importance of data protection and undertook to "deploy a culture of data protection for the citizens know their rights." In addition, reviewed the major offenses to which it is facing the APD, inscribed inside the shortcomings reported, both in personnel and funding, as their resources come from its sanctions.

MEDIA rare "

Regarding staff, the APD is currently negotiated "further growth" of staff. The agency currently has twelve inspectors, working in teams of two throughout the country. "There are a few ways to all complaints received. A person has seventy files at the same time, some great technical complexity," complained Pinar to the Members of the committee.

Moreover, in the last year have increased by thirty percent the number of open files for Data Protection and so far in 2009, the figure reaches 900. Furthermore, over ninety percent of infringement proceedings which are initiated by citizen complaints.

Pinar highlighted the responsible claims against financial institutions file (delinquency), advertising (spam) and telecommunications (pre with other operators) and on the treatment of health data, which are specially protected by law.

Clinical history

The latter noted that "failure to do enough to improve the clinical care of," although he admitted that "it is not easy to solve, but you must be solved." It also revealed "significant deficiencies" in hospitals, which have a "poor implementation of safety measures."

Finally, regarding the regulatory development of the Organic Law on Data Protection (LOPD), said it is "absolutely necessary" and that "it is already working on it, to have a draft before the end of the year, and power approved during 2009. "