Circular 4/2005 of the Bank of Spain, of December 23, updating Circular 2/2005 on automated files with personal data managed by the Bank of Spain

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Circular 4/2005, of December 23, of the Bank of Spain, updating Circular 2/2005, of February 25, on automated files with personal data managed by the Bank of Spain. (Official State Gazette of January 16, 2006)

The descriptions of the automated files with personal data existing in the Bank of Spain are contained in Circular 2/2005, of February 25, Automated Files with Personal Data Managed by the Bank of Spain, which satisfies what Article 20, paragraph 1, of Organic Law 15/1999, of December 13, on the Protection of Personal Data, establishes regarding the creation, modification, or suppression of files by Public Administrations.

Various measures that will soon be put into operation will modify certain aspects of the automated processing of personal data in the Bank of Spain, creating the need to create a file and modify two existing ones. Consequently, the content of Circular 2/2005, of February 25, must be updated, which is carried out through this Circular.

The update consists of including the description of a new file, Case Files of the Risk Information Central, and modifying the current descriptions corresponding to the Risk Information Central file and the file Most Active Appraisers by Appraisal Value of Appraisal Companies and Services, which also changes its name to become Most Active Appraisers and Main Clients of Appraisal Companies and Services. Both the file created and the two modified files are part of Annex I, Files Managed by the Bank of Spain by virtue of the public functions entrusted to it by Law 13/1994, of June 1, and other applicable legislation.

For all the above, the Bank of Spain, in exercise of the powers conferred upon it by Law 13/1994, of June 1, on the Autonomy of the Bank of Spain, and in accordance with the procedure provided therein, has ordered:

First Provision.

The file Case Files of the Risk Information Central is created, the description of which, appearing in the Annex of this Circular, is incorporated into Annex I Files Managed by the Bank of Spain by virtue of the public functions entrusted to it by Law 13/1994, of June 1, and other applicable legislation, of Circular 2/2005, of February 25, Automated Files with Personal Data Managed by the Bank of Spain.

Second Provision.

The description of the file Risk Information Central and the description of the file Most Active Appraisers by Appraisal Value of Appraisal Companies and Services, which changes its name to become Most Active Appraisers and Main Clients of Appraisal Companies and Services, which appear in the Annex of this Circular, replace the corresponding descriptions of said files currently contained in Annex I Files Managed by the Bank of Spain by virtue of the public functions entrusted to it by Law 13/1994, of June 1, and other applicable legislation, of Circular 2/2005, of February 25, Automated Files with Personal Data Managed by the Bank of Spain.

Final Provision.

This Circular shall enter into force on the day of its publication in the Official State Gazette.

ANNEX

File.

Case Files of the Risk Information Central.

Reference Legislation:

Chapter VI of Law 44/2002, of November 22, on Measures for the Reform of the Financial System (Official State Gazette of November 23).

Order ECO 697/2004, of March 11, on the Risk Central.

Bank of Spain Circular 3/1995, of September 25 (Official State Gazette of October 7), and subsequent modifications.

Purpose of the file and intended uses:

Recording and controlling the rights of access, rectification, and cancellation that applicants exercise regarding the data appearing in the Risk Information Central (CIR).

Sending and notifying data to those exercising the rights of access, rectification, and cancellation.

Affected Natural Persons:

Natural persons exercising the right of access, rectification, and cancellation of data to the CIR.

Representatives of natural and legal persons exercising the right of access, rectification, and cancellation to the CIR.

Notaries before whom powers have been granted to the representatives of natural and legal persons.

Origin and procedure for collecting personal data:

The data comes from the applicants themselves.

The medium used for obtaining the data is paper.

Basic structure of the file and types of personal data included in it:

DNI, NIF, NIE (foreigner personal identification number) or passport of the holders and their representatives.

First and last names of the holders, their representatives, and the notaries before whom powers are granted.

Country of the holder, if applicable.

Date of birth of the holder, if applicable.

Address for notification purposes, if applicable.

Contact telephone number, if applicable.

Data transfers:

Exceptionally, the address is transferred to the reporting entities to which the CIR has forwarded a request for rectification or cancellation, in order to comply with what is established in the second paragraph of Article 65 of Law 44/2002, of November 22.

Transfers of personal data to third countries:

None occur.

File Manager:

Bank of Spain.

Department or unit before which the rights of access, rectification, and cancellation can be exercised:

Financial Information and Risk Central Department.

Security Measures:

Level: Basic.

File.

Risk Information Central.

Reference Legislation:

Chapter VI of Law 44/2002, of November 22, on Measures for the Reform of the Financial System (Official State Gazette of November 23).

Order ECO 697/2004, of March 11, on the Risk Central.

Bank of Spain Circular 3/1995, of September 25 (Official State Gazette of October 7) and subsequent modifications.

Purpose of the file and intended uses:

Control of risks assumed by reporting entities, in accordance with regulations published by the Bank of Spain.

Information on the aggregate risk assumed by their declared clients across the entire financial system is returned to the entities.

Reports on non-declared holders, with the knowledge of the interested party.

Affected Natural Persons:

Those with whom the credit system assumes risks subject to declaration.

Origin and procedure for collecting personal data:

From the reporting entities themselves to the Risk Central.

The medium used for its obtaining is:

1. Files sent via electronic transmission by telematic means.

2. Exceptionally, files sent via magnetic/computer medium or paper.

Basic structure of the file and types of personal data included in it:

DNI, NIF, or foreigner personal identification number.

First and last names.

Date of birth.

Address (country, city, street name, number, and postal code).

Sector.

Economic activity.

Location.

Credits, loans, signature risks, and indirect risks, detailed by currencies and terms.

Guarantees.

Delinquency status.

Insolvency situations.

Regular collective partnerships, simple limited partnerships, or economic interest groupings with risks reportable to the entity to which the affected person belongs.

Passport number, identity number, or other codes valid in the country of origin (non-residents only).

Economic group.

Category for own funds purposes.

Data transfers:

Current or planned transfers have as recipients:

Reporting entities to the Risk Information Central.

Transfers provided for in Article 6 of Royal Decree 1298/1986, of June 28, drafted according to Law 37/1998, of November 16.

Transfers of personal data to third countries:

Reporting entities to the Risk Centrals of member states of the European Union.

Banking supervision bodies of European Union countries, according to the Treaty on European Union.

File Manager:

Bank of Spain.

Department or unit before which the rights of access, rectification, and cancellation can be exercised:

Financial Information and Risk Central Department.

Security Measures:

Level: Medium.

File.

Most Active Appraisers and Main Clients of Appraisal Companies and Services.

Reference Legislation:

Order ECO/805/2003, of March 27 (Official State Gazette of April 9).

Circular 3/1998, of January 27 (Official State Gazette of February 13).

Circular 5/2003, of December 19 (Official State Gazette of January 8).

Purpose of the file and intended uses:

To have updated information on the most active appraisers by appraisal value of appraisal companies and services and the main clients of said appraisal companies and services.

Affected Natural Persons:

The most active appraisers by appraisal value of appraisal companies and services, according to the requirements of Annex (State VII) of Circular 5/2003.

The main clients of appraisal companies and services, according to the requirements of Annex (State VIII) of Circular 5/2003.

Origin and procedure for collecting personal data:

The data comes from appraisal companies and services.

The medium used for its obtaining is:

Files sent via electronic medium by telematic means.

Basic structure of the file and types of personal data included in it:

Most Active Appraisers by Appraisal Value:

NIF, NIE, or non-resident code.

Number of appraisals.

Appraisal value.

Main Clients:

NIF, NIE, or non-resident code.

First and last names.

Billed amount.

Data transfers:

Those provided for in Article 6 of Legislative Royal Decree 1298/1986, of June 28, drafted according to Law 37/1998, of November 16.

Transfers of personal data to third countries:

No transfers are foreseen.

File Manager:

Bank of Spain.

Department or unit before which the rights of access, rectification, cancellation, and opposition can be exercised:

Financial Information and Risk Central Department.

Security Measures:

Level: Basic.

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