LOPD

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The reading by the Justice Committee of Spain’s Congress of Deputies of the draft bill for the Personal Data Protection Act took place on October 9. Yesterday, the Committee’s Report was published, with its analysis of the final text, which will be put to a vote by the congress next week.

The Socialist Party parliamentary group spokesperson on the subject, Artemi Rallo, presented the report and stressed that the draft bill had garnered the unanimous support of all parliamentary groups. During his speech, he pointed out the bill’s importance, because it regulates the fundamental digital rights of citizens and addresses issues affecting a range of sectors, such as healthcare research, video surveillance and advertising.

The bill aims to bring Spanish personal data protection legislation into line with the framework laid down in the General Data Protection Regulation while clarifying some of the regulation’s most important aspects. Some of the important issues it addresses are as follows:

  • It introduces a rationalized information system for consent by data subjects, allowing the information to be divided into different layers to be presented to users for agreeing to processing of their data.
  • It sets up a specific system for professional and business contact data, specifying the conditions in which processing of the data can be regarded as being based on a legitimate interest.
  • It delineates the system for data transfers in the framework of business transactions.
  • It regulates data protection issues arising from the establishment of whistleblower systems, so important from the standpoint of corporate regulatory compliance.
  • It enumerates risk qualification criteria to be used when carrying out impact assessments.
  • It classifies infringements into three categories (very serious, serious and minor), as well as establishing the basis for quantifying the corresponding penalties.Based on the unanimous support for the draft bill in committee, its passage by the full congress seems highly likely. We will shortly be offering a webinar on the main new features of the act; we will announce the date and time on this blog.
  • Title X of the bill also introduces a series of new digital rights for citizens, including the right to universal internet access and net neutrality, and the right to disconnect electronically from work.

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