Data Agency

The Spanish Agency of Protection of data already is applying the figure of the warning regulated in article 45,6 of the LOPD. This figure was introduced by Law 3/2011, of Sustainable Economy that modified the sanctioning regime of the Law of Protection of Data. It authorizes the Agency, in exceptional cases, not abrir sanctioning procedure in front of the violator and in its place to warn to him, entindase since to do a reproach to him, by the slight or serious breaches that the violator had committed, forcing to him to adopt the cogoverning measures who is considered advisable to restitute the initial situation, in the term indicated by the Agency, and that does not become to produce the breach of the Law by the same reasons. If the situation in the indicated term were not restituted, the Agency would continue with the opening of the sanctioning procedure. For the application of this new figure previous or main requirements are demanded, that are that the violator was not sanctioned or warned previously and who the facts were constituents like slight infraction or burden according to the own Law; and accessory requirements, that for that reason less nonimportant, regulated in Art. 45,4 and 45,5 of the same Law as they could be the recognition of the responsibility, the intentionality, obtained volume of business, benefits, stabilisation of the irregular situation of diligent form The National Hearing on the other hand also is recognizing the application of this figure, when the Spanish Agency has not done it, and the requirements demanded in the Law are fulfilled (Sentence of 17 of June of 2011). The procedure to follow would be the following one: The AEPD receives denunciation on possible infringement of the right to the protection of personal character data. .