Spanish Agency

We look at the assumption of the Comuneros who for various reasons do not pay assessments of community or any other expense generated and approved by the meeting of shareholders and not may require them payment or any attempt is unsuccessful. For more information see David Karp. For these cases the Horizontal property law enables a notification mechanism across the bulletin board placed in the community itself, usually in the hallway and in view of all the owners. The question then is whether this publication, like the edictal, conforms to the established in the data protection act. We must distinguish that the law supports this assumption, but publication cannot be performed in any way, a procedure must be followed. The publication of these data without the consent of the owner of the data can lead to the sanction by the Spanish Agency of protection of data with a fine that goes de40.001 a300.000 euros by the Commission of a serious offense. This issue is resolved by the Agency of protection of data among others in the 188/2008 report of the AEPD. In first of all, this publication will involve a transfer of personal data, defined by article 3.i) of law 15/1999, as all data disclosure made to a person other than the person concerned. In connection with the assignment, article 11 of the law provides that personal data may only be communicated to a third party, with the sole purpose of complying with the legitimate functions of the assignor and the assignee, and with the prior consent of the person concerned. It is assumed, that the debtor owner, who also has not been able or has not wanted to be located, won’t lend consent so that all the neighbors know is that he is a delinquent. In this course must attend the second solution adopted by the data protection act, and is that this consent is replaced by a law.