Infractions and sanctions of the LOPD

Infractions in the LOPD

Article 43 of the LOPD establishes as those responsible subject to the sanctioning regime:

1.            Those responsible and those in charge of the treatment of private files.

2.            Those responsible for public files, which, as will be seen later, are governed by their own procedure.

Article 44.2 of the LOPD establishes which are minor offenses:

1.            Do not send the notifications provided for in this Law or in its development provisions to the Spanish Agency for Data Protection.

2.            Do not request the registration of the personal data file in the General Data Protection Registry.

3.            The breach of the duty of information to the affected party about the processing of their personal data when the data is collected from the interested party.

4.            The transmission of the data to a person in charge of the treatment without complying with the formal duties established in article 12 of this Law.

Article 44.3 of the LOPD establishes which are the serious infractions:

1.            Proceed to the creation of publicly owned files or initiate the collection of personal data for them, without authorization of a general provision, published in the Official State Gazette or corresponding official gazette.

2.            Processing personal data without obtaining the consent of the affected persons, when it is necessary in accordance with the provisions of the regulations on data protection.

3.            Process personal data or use them later in violation of the principles and guarantees established in article 4 of the LOPD and in the RLOPD, except when it constitutes a very serious infringement.

4.            The violation of the duty to keep secret about the processing of personal data referred to in article 10 of the LOPD.

5.            The impediment or obstruction of the exercise of the rights of access, rectification, cancellation and opposition.

6.            The breach of the duty of information to the affected party about the processing of their personal data when the data has not been collected from the interested party.

7.            Failure to comply with the remaining notification or requirement duties to the affected party, imposed by the regulations on data protection.

8.            Maintain files, premises, programs or equipment that contain personal data without the proper security conditions established in the RLOPD.

9.            Not meeting the requirements or warnings of the Spanish Data Protection Agency or not providing it with all the documents and information requested by it.

10.         The obstruction of the exercise of the inspection function.

11.         The communication or transfer of personal data without having legitimacy for it in the terms provided in this Law and its development regulations, unless it is constitutive of a very serious infringement.

Article 44.4 of the LOPD establishes which are very serious infractions:

1.            The collection of data in a false or deceitful way.

2.            Process or transfer the personal data referred to in sections 2, 3 and 5 of article 7 of the LOPD, except in the cases in which it authorizes it or violate the prohibition contained in section 4 of article 7.

3.            Do not cease the illegal processing of personal data when there is a prior request from the Director of the Spanish Agency for Data Protection to do so.

4.            The international transfer of personal data to countries that do not provide a comparable level of protection without authorization from the Director of the Spanish Agency for Data Protection, except in cases where, according to the data protection regulations, said authorization does not it is necessary.

Offenses committed by public administrations

When the infractions that are established in the LOPD were committed in files of public ownership or in relation to treatments whose managers would be responsible for files of this nature, the sanctioning body (the Spanish Agency for Data Protection or the Autonomous Agencies ) will issue a resolution establishing the measures to be adopted to cease or correct the effects of the offense.

This resolution will be notified to the person responsible for the file , to the body on which it depends hierarchically and to those affected, if any. The sanctioning body may also propose the initiation of disciplinary actions, if applicable. The procedure and the sanctions to be applied will be those established in the legislation on the disciplinary regime of public administrations.

 

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