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. “

yes, it inherited from the sanctioning powers on spam last year as a result of the General Telecommunications Law, the AEPD has done research on 97 ’spam’, which led to the initiation of infringement proceedings 14 laws.

Pinar said today after appearing before the Commission on the Information Society and Knowledge of the Upper House, in the 14 procedures, six have already been completed, resulting in two serious because massive commercial – sanctioned each with a minimum, 30,001 euros – and two other minor offenses, while the latter two were closed.

Pinar justified because of the severe penalties that responded “perfectly” to the profile. “It was applied as the law is established, communications are massive, there was no prior contractual relationship and had not received the express consent for the communication,” he explained.

So far, most cases detected involving small and medium-sized Spanish enterprises engaged in commercial computing and communications products. However, noted that in other cases the spam is broadcast from outside Spain, the Agency has requested the cooperation of the competent authorities in those countries

During his speech in the Senate, the head of the AEPD underscored the difficulties of prosecuting the ’spammers’ and said that “one in 300,000 recipients’ email response to attempts to steal data’ phishing ‘, this practice “profitable” to be “low cost” of a mandar e-mail.

70% of ‘E-MAILS’ IS ‘SPAM’

On that basis, he said that currently over 70 per cent of global email traffic is spam, which implies important consequences for privacy and protection of users, and that “undermines confidence” in electronic commerce and in the Information Society.

Also alluded to the costs involved in spam for companies, which are needed to estimate 15 to 20 minutes daily for users to remove the ’spam’, generating “tens of billions of euros lost in productivity. That is why it encouraged the Internet to denounce this practice and requested the cooperation of Internet service providers (ISP).

Pinar used his appearance to criticize the limitations faced by the AEPD. Thus, he explained that although the theoretical template of the institution is 114 people, have not been able to fill all the squares in the absence of physical space. “We have a serious problem in because the seat is designed for 60 people,” he added, so that there are tables in the hallways. ”

It further considered that the budget of 7 million euros was “extremely modest” and said that the staffing of the AEPD is “clearly insufficient to ensure data protection.” I therefore concluded that, “or increase the means, or can be AEPD collapsed” to the increase in complaints and the need to work quickly.