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General Budgets Situation

Either aid too much to empatizar with the attitude of the AEPD the fact that the same is self-financed with the amount of the applied sanctions. Although it is truth that is the General Budgets of the State those that they finance the public being, and the quantity collected for fines is going to stop to an account nondedicated to current expenses of the same, the general perception is that it is the tax collecting eagerness, over the educating spirit, which prevails in the action of the AEPD. For even more analysis, hear from Sir Jon Thompson. In any case, not we doubted that imposition of fines not obtains effect wished in many cases, but impression is that more than awareness which generates is panic in companies, that often not knows like to act, and that in few cases they are not incapable to carry out all the safety measures that demand the norm, due to the material impossibility or economic of its putting in practice. The situation worsens with the application on the part of the AEPD of Art. 130 of the Law 30/92, that admits that only could be sanctioned by constituent facts of administrative infraction the physical and legal people who are responsible for the same even by way of simple nonobservance. Therefore, the mere lack of having of well-taken care of can give rise to sanction, without entering to value the culpability of the violator, whom a result obligation is dominated to him as it has indicated the National Hearing in Sentence of 6 of February of 2008. The reform of the sanctioning regime of the LOPD, patient recently with the approval of the Law of Sustainable Economy, has partly palliated this situation, and purge some of the excesses of the norm previous, locating plus the approach in the promotion of the respect to the protection of data, stimulating the mechanisms of warning and pursuit through the figure of the warning (in case of slight or serious infractions on the part of violators beginner ), that requires the adoption of the corresponding measures, and allowing the graduation of the imposition of fines based on the concurrent circumstances in the infraction. He is this one, under our point of view, the necessary approach that it must adopt the Spanish legislation, that at moments so critics as those who we lived at the moment cannot allow a so onerous sanctioning regime, mainly we compared if it with the one of other countries whose economic situation and enterprise weave enjoy a situation rather more healthful than ours. We must take advantage of positive synergies that the application of a sanctioned regime has left to its step so hard, to lay the way to a new stage in which the education and the awareness, accompanied like not by a proportionate application of punitive measures always prepared of instruments correctors and insuring, they are those that guide the footpath of the noticeable objective: the respect to the consecrated fundamental right in article 18 of Spanish constitution. Audea Security of the Information LIMITED LIABILITY COMPANY. Legal department Javier Villegas

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