We found the article by Professor Piñar Mañas very interesting in relation to the reforms that have taken place in the LOPD. Áudea makes the following review of the aforementioned article:
Professor Piñar points out that Law 2/2011, of March 4, on Sustainable Economy has introduced an important reform in the LOPD that, in his opinion, affects the sanctioning regime because it substantially modifies Title VII.
The professor of Administrative Law argues that since it is a recent reform, it is difficult to carry out an analysis of its scope. The interesting article that is the subject of the review reflects precisely on the reform and its impact on the LOPD and the RDLOPD:
First.- Royal Decree 3/2010, of 8 January, which regulates the National Security Scheme in the field of Electronic Administration has modified letter b) of section 5 of article 81 of the Regulation, deleting the reference to the "non-automated" nature of the files or treatments.
Second.- Annulment of various precepts of the RDLOP by virtue of three Judgments of the Supreme Court: the annulled precepts exceed the scope of the LOPD. As Professor Pilar explains, there is an ultravirus vice that has been appreciated by the Supreme Court.
Third.- Law 25/2009, of December 22, amending various laws to adapt to the Law on free access to service activities and their exercise, has modified article 5.1.e) of Law 23/1992, of July 30, on Private Security and introduced a new sixth additional provision: "Service providers or subsidiaries of private security companies that sell, deliver, install or maintain technical security equipment, provided that they do not include the provision of connection services with alarm centers, are excluded from private security legislation, provided that they are not dedicated to any of the other purposes defined in Article 5, without prejudice to other specific legislation that may apply to them". Therefore, as Professor Piñar clearly points out, "authorization by the competent Administration in matters of private security for the installation of video surveillance equipment that is not connected to an alarm center is no longer required. This amendment directly affects Instruction 1/2006, of 8 November, on the processing of personal data for surveillance purposes through camera or camcorder systems."
Professor Piñar underlines something that we in Áudea had identified: that Law 2/2011 has included in its fifty-sixth final provision a very important modification of the sanctioning regime in the field of data protection, affecting the regime of imposition of sanctions, since not only the typification of infractions is modified, but new criteria are established to determine the amount of sanctions. In addition, as the professor indicates, a new figure is incorporated, that of the warning, which in the opinion of Mr. Piñar will avoid the imposition of numerous sanctions, although on the other hand it raises problems of practical application. In this sense, the professor considers that the reform allows to substantially soften the sanctioning regime until now foreseen in the LOPD.
Áudea Seguridad de la Información, S.L.
Legal Department
www.audea.com
Fountain: Personal Data Magazine
