The coming into effect, on January 14, 2000, of the protection regulation of personal information regulates the thousands of files that exist in the companies with private information, hence he has considered interesting to include an extract of the article written by Cover Seijo Pérez in the magazine MK.

«The adequacy of the files to the requirements of the LOPD (Organic Law of Protection of Personal Information) 15/1999 for his commercial development is a fundamental requisite to tackle a project of marketing of databases. The extract of the legislation is to have to so much the holders of the information about the existence of a file where there is gathered his personal information and the treatment foreseen by the person in charge of the file, including the remaining group enterprises with which this one will be shared, and/or third, although it is not the only obligation. Between other aspects, the regulation demands the observance of certain accident control measures that should guarantee the safe-conduct in the computer treatment of the information, as well as processes of update and mechanisms so that the subjects included in the files exercise his right of cancellation, rectification or are opposed to the treatment of his information, without for it to have to cancel his commercial relation with the company.

The Spanish Agency of Protection of Information (AEPD) is the responsible organism of looking over the fulfillment of the legislation on the subject of information protection in Spain and of representing the interests of the citizens and Spanish to international scale.»

4.1. Home obligations of the person in charge of the file

• Quality of the information, understood from two perspectives: that the information requested the holders of the information does not excel itself the ends for which it is obtained; and the obligation of the person in charge of the file to support the updated lists so that they reflect the current situation of the holder of the information.
• Assent before to the treatment of the information. Except for especially protected by the law, it can be tacit, any time it is fulfilled by the established requisites of procedure, information of rights, ends, persons in charge and period, between others. It is reflected also that, for those accessible sources to the public, the holder of the information has right to be opposed to this treatment, for which, since by defect his information is considered to be publics and his authorized treatment, it will have to go to the person in charge of the file. There are considered to be sources of public access the promotional census, the telephone repertoires (in accordance with his regulation) and the lists of professionals who should contain name, title, profession, activity, academic grade, direction and indication of his permanence to the group. Also they have character of sources of public access the newspapers and official bulletins and the mass media.
• Safe-conduct of the rights of the holder of the information: access, rectification, cancellation and opposition. In the claims on the subject of information protection, it is the person in charge of the treatment (company) who must state his innocence by means of the tests contribution, and not the informer (holder of the information) who must demonstrate the guilt of the person in charge. Hence the importance of supporting a suitable record of the treatment that is realized of the files, and especially of the communications with the client as regards the exercise of his rights.
• Duty to keep secret referred to the obligation of the person in charge of the file, as well as of anyone that intervenes in the treatment of the information, to keep the professional secret on these, even after finished the relation with the person in charge of the file. This obligation turns out to be especially important when the treatment of the information is outsourced by means of the hiring of a provider, since he recognizes the professional secret to which it is subject and which comes out the duration of the contract of service. The nonperformance of this obligation will give birth to an absence that can be considered to be light, serious (when the file should contain, in addition to the personal information, information relative to the commission of administrative or penal infractions, State property, financial services, rendering of service of hereditary solvency and credit, or a set of information of sufficient personal character to obtain an evaluation of the personality of the individual), or very seriously in case of files that gather also information that the law stipulates as especially protected, as well as that obtained for police ends and that lack the assent of the affected ones.
• Obligation to inscribe the files in the agency, in accordance with a procedure that includes the notification before to his creation; the subsequent record on the part of the General Record, whenever it fits to the requisites exigibles, and the communication of the changes of his purpose, person in charge and place.
• To adopt the accident control measures, both technical and organizational, to guarantee the data protection, on the part of the person in charge of the file and of the manager of his treatment.

4.2. The lists service castaway

As answer to the decentralization of information about the clients, in 1992 the current FECEMD believe the service You list Castaway, a centralized record of the citizens, who register in him to show his desire not to receive publicity.

The file is a reference so that the companies insure themselves of excluding his members of the campaigns of direct marketing. This exclusion procedure, although it is completely voluntary, is an emblem of good practice inside the professional sectors. All the members of the federation, as well as those companies adhered to the services of Lists Castaway, promise to exclude from his mailing the citizens inside the file. For his part, the individuals must register in an active way in him facilitating his name, surnames and direction (as well as his possible variants), ID card, phone and e-mail, fields that will serve to locate the record in the external lists. Also, the service facilitates to the citizen the inscription of deceased persons and includes the update of the file to his associates and adhered with quarterly character.

In the concrete case of the companies of the sector of databases assigned to this service, the regulatory code of the service of Lists Castaway specifies in his article 2.5 that «it must guarantee that there will not use lists of consumers who have not been or are going to be updated by the new records of the List Castaway, as well as to advise to his clients his adherence as members to the Lists service Castaway».

Although less popular, the federation also prepares a list of preference integrated by the individuals that they request to get publicity for letter of specific sectors like editions, hearth, fashion, finance, sports, tourism or of all kinds. The service Lists Castaway has been ratified by the Consumers' Union of Spain (UCE), in protocol signed in Madrid on November 19, 1992, and he is being recommended by the AEPD.

4.3. Home rights of the citizen

The LOPD recognizes a series of rights after the holder of the information with regard to the treatment that can receive these and the mechanisms with which it is provided to avoid abuses that infringe a damage. To know them and to have presents the procedures necessary to guarantee them, it allows to calibrate the scope of the strategy of marketing of databases and determine the channels of attention to the holder of the information that must be contemplated. To big features, these are the rights and of what they consist:

• Right of access, which recognizes the right of the holder to request details on the personal information that consist in the file. This one will be able to consult on the content of
  information submitted to treatment, so much of base as the results of some process; his origin, the grantees, as well as the uses and purposes for those who are stored. For his part, the person in charge of the treatment has the obligation to answer to the request of the holder, of a free way, in 30 days from the reception of the request. Passed the term, of not receiving answer or of being unsatisfactory, the holder will be able to resort before the AEPD.
• Right of cancellation or rectification, referred to the right of the holder of the information to the cancellation or rectification of everything or part of the information contained in the files, by means of request to the person in charge of the treatment of the file. This one will be 10 days old to proceed with the request, starting from his reception. Also, it will have to notify the changes to who he had communicated the information of previous form. Passed this time, of not receiving answer or of being unsatisfactory, the holder will be able to resort before the AEPD.
• Right of opposition, which recognizes the right of the holder to refuse to the treatment of his personal information, in whose case the person in charge of the file will have to exclude them from the treatment (that not of the commercial relation). This right also is applicable to files of public character, like the white pages or the census.
• Right of indemnification, above-mentioned, between other aspects, to the right to demand a compensation if for the nonperformance of the law on the part of the person in charge or the manager of the treatment of the file, the holder should incur loss or injury of his rights or of his goods, in accordance with the terms that the law establishes.
• Right of information, which constitutes one of the basic rights of the LOPD and alludes, between other aspects, to the right of the holder of the information to be informed, in a previous way, about the existence of the file with his information, his purpose and recipients of the information as well as of his rights.
• Right of contesting of evaluations, which refers, between other aspects, to the right of the citizens to verse submitted to a decision with juridical effects founded in a treatment of information destined to value certain aspects of his personality. The information proceeding from this treatment will be able to have convincing value only by request of the affected one.
• Right, not to receive not wished publicity, which gathers the obligation to make use of the personal information with advertizing or commercial ends, whenever the same ones, or come from accessible sources to the public, in whose case will be operated in accordance with the information right, or they have been facilitated or the interested parties have withstood his use.
• Consultation right to the General Record of Protection of Information, referred to the right of any person, his information consists or not in a file, to obtain information of the General Record of Protection of Information about the existing treatments of personal character, his purposes and the identity of the person in charge of the treatment. The General Record is of public and free consultation. It is convenient to point out that the AEPD has not physically the files inscribed in her, but only of the details that consist in his record. In case of the files of private entitlement, this information includes the social reason of the person in charge of the file, the name of the file and a description of his content and purpose. In case of those of public entitlement there consists, also, the type of administration of which it is a question.