Right to Privacy, Data Protection & Private Security in Spain
Right to Personal and Family Intimacy and Data Protection in Spain
European Union Legislation
Apart from Article 18 of the European Convention on Human Rights (right to privacy), regulations exist at the Community level concerning personal data protection. Policy 25/46 of 24-10 addresses the physical protection of personal data with regard to processing and free movement. This policy establishes a framework adopted by each country, based on the Treaty on European Union, to ensure the free movement of goods, persons, services, and capital. It pertains not only to the free movement of personal data but also, and primarily, to fundamental human rights.
The EU directive operates within this context, aiming to harmonize Member State regulations to achieve freedom of movement by removing barriers and establishing a consistent level of protection for rights and freedoms regarding data processing.
Spanish Legislation: Law 15/1999
In Spain, this policy is reflected in Law 15/1999 of 13-12 on Personal Data Protection (LOPS 1999). This law repealed the 1992 law on personal data processing (LORTAD).
The Spanish Data Protection Agency is the authority responsible for configuring personal data files (public or private) and establishing appropriate sanctions for abuses involving violations of these regulations.
Organic Law 15/1999
This law aims to protect and ensure the proper processing of personal data, public freedoms, and fundamental rights of individuals, especially the right to honor and personal and family privacy.
The Organic Law applies to personal data stored electronically and subsequently used by both the public and private sectors.
The law applies to all personal data processing primarily carried out in Spain as part of the data controller’s activities. Even when this person is outside of Spain, Spanish law will be applicable according to international law norms.
Collegiation of Private Detectives in Spain
Admission Requirements
Article 11 of the Statute of the Association of Detectives outlines the requirements for admission:
- Be Spanish or a member state of the European Economic Area
- Have no criminal record
- Not be a public official
- Not have been a civil servant in the last 2 years
Cases Where Admission May Be Denied
- When private documents may be false or doubts exist about their legitimacy
- If the fee is not paid
- If there is a firm decision to disable the practice
Articles 16-18 of the Statute of the College of Detectives further elaborate on these points. Consideration should be given to the liberalization measures of the profession introduced by Royal Decree Law 6/2000 of June 23rd, which intensifies competition in goods and services markets.
This Royal Decree Law amends the law of State Colleges of 1974. According to the amendment:
- Membership in the relevant college is no longer the sole prerequisite for practicing a collegiate profession.
- A profession can be organized by professional associations; in such cases, it suffices to join the association in one’s primary residence, qualifying for practice throughout the state.
Notification Requirements for Out-of-Region Detectives
Article 16 of the Statutes of the Association of Detectives states that non-collegiate detectives located outside Catalonia who wish to practice within Catalonia must notify the school.
The Security Post and Distribution of Competencies
Concept of the Security Post
The concept of public security is contained in Article 149.1.29 of the Spanish Constitution, designating it as a matter of state competence. However, this is without prejudice to the competencies of the Autonomous Communities to create their own police forces, considering also the autonomous security competencies that may be assumed according to Article 148.1.22 of the Constitution.
Considerations for the Distribution of Powers
- Private security falls within the jurisdictional area of public safety (not part of its scope of competence).
- Private security is included within the powers of the autonomous regions in terms of protecting people and property and maintaining public order.
The responsibility of the Autonomous Communities in private security derives directly from the Spanish Constitution and the Statutes of Autonomy, without the need for enabling legislation from the Law on Private Security (LSP).
The competence of the Autonomous Communities affects the business field, not personnel, as personnel regulations regarding education and empowerment are regulated by the State. Each Autonomous Community regulates its businesses.
National economic powers are separate from those of the autonomous regions, as are personnel and company regulations. Each Autonomous Community exercises concurrent jurisdiction within the framework set by the state, but when acting, it exercises executive powers.
Firearms cannot be carried by private security personnel. The Autonomous Community is responsible for exclusive powers, and within the framework set by the state, it acts and shares these powers. This should also be clarified with the LSP.