New spanish Regulation of protection, safety measures in law 15/1999 of personal data

On January 19st the Real Decreto 1720/2007 has been published in the BOE of 21st of December, approving  the Regulation of development of the present Statutory law of Privacy (LOPD, Law 15/1999).

This new regulation will be effective three months of its publication, so from April 19st 2008 all the companies will have to fulfill the new safety measures that this regulation indicates. This norm regulates the measures for the first time to adopt in the automated files that in the previous one (Royal Decree 994/1999, of 11 of June) lacked express regulation.

The highlighting innovations are:

• Application of safety measures also for the files nonautomated, that is to say, those that are in paper
• Regulation of a procedure to guarantee that any person, before allowing the recaption of his data, can have a total knowledge of the use
• Possibility of the interested person to exercise the right of cancellation, opposition and suppression of its data, totally free and in a simple way
• Increase of safety measures referred to files of basic and average level
• Consideration as basic of the disability and union affiliation data in the lists files
• Regulation of the data processing of the minor people
• Exigency of new requirements for the incorporation of data in files of patrimonial solution and credit
• Regulation of the publicity activities and commercial prospection
• Health card Regulation
• Exigency of which the products of software destined to the automated treatment of personal data include in their technical description the level of security which they allow to reach in agreement with the established thing in the safety measures of this new Regulation, among others.