Circular 4/2008 of the Bank of Spain, of October 31, updating Circular 2/2005 on automated files with personal data managed by the Bank of Spain

Skip to main content.

VIEWING THE REGULATION

Index

Full Regulation

Regulation as of a Date

Current Regulation

Circular 4/2008, of October 31, of the Bank of Spain, updating Circular 2/2005, of February 25, on automated files with personal data managed by the Bank of Spain (BOE of November 21).

The descriptions of the automated files with personal data existing at the Bank of Spain are contained in Circulars 2/2005, of February 25, 4/2005, of December 23, and 3/2007, of July 27; with which the provisions of Article 20, paragraph 1, of Organic Law 15/1999, of December 13, on the Protection of Personal Data, regarding the creation, modification, or suppression of files by Public Administrations, are satisfied.

Changes in the information dissemination process imply the modification of the section "Purpose of the file and intended uses thereof" corresponding to the Complaints Service file.

Modifications in the treatment systems regarding the files "Electronic Certificates", "Management of the Bank of Spain Library", and "Occupational Risk Prevention"; make it necessary to update the section "Basic structure of the file and types of data included in it" corresponding to said files.

Adaptation to current legislation, as well as changes in the recipients of data transfers and international transfers, oblige the modification of the sections "Basic structure of the file and types of data included in it", "Transfers of personal data", and "Transfers of personal data to third countries" corresponding to the description of the file "Selection and Training of Personnel".

Changes in the assignees for the files "Refund of withholdings on interest" and "Personnel Management" imply the update of the section "Transfers of personal data" corresponding to said files.

Changes in the organizational structure of the Bank of Spain and the consequent assignment of responsibilities affect the "Service or unit before which the rights of access, rectification, cancellation, and opposition can be exercised" for the files Sanctioning Proceedings, "Archive Inquiries", "Corporate Medical Services", and "Balance of Payments and economic transactions with the outside world", so this section must be modified in the description of these files.

Likewise, the modification of the legislation corresponding to the file "Sanctioning Proceedings" makes it necessary to update the section "Reference legislation" of the description of said file.

The adaptation to the regulations of the file "Balance of Payments and economic transactions with the outside world" implies the modification of the section "Treatment system", to reflect its mixed nature, in the description of said file.

The development of a new information system for the Supervision activity implies the creation of a file named Management of Supervisory Activity, and the extension of functions of another system for said activity implies the creation of another file named Commercial Companies: shareholders, claimants, and affected parties. Both files are included in Annex I, as they are managed by the Bank of Spain in accordance with the public functions entrusted to it by Law 13/1994, of June 1, on the Autonomy of the Bank of Spain.

The creation of a Centralized Contracting Service makes it necessary to create a file named Files of the Centralized Contracting Service, which will be included in Annex II, as it is a file managed solely for the purpose of attending to its own internal or operational functioning.

The file Subscribers of the Publications Service, included in Annex II of Circular 2/2005, has ceased to be used and its data have been cancelled, and therefore, it is necessary to suppress said file.

The implementing Regulation of the aforementioned Organic Law 15/1999, approved by Royal Decree 1720/2007, of December 21, details the form and content of this type of provision in its articles 52, 53, and 54, which implies format modifications in the section "Basic structure of the file and types of data included in it" and the inclusion of the section "Treatment system" in the descriptions of the files modified by this circular.

For all the foregoing, 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, in accordance with the procedure provided therein, has ordered:

First Provision

The files "Management of Supervisory Activity" and "Commercial Companies: shareholders, claimants, and affected parties" are created, whose descriptions, which appear in the annex of this Circular, are 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 file "Files of the Centralized Contracting Service" is created, whose description, which appears in the annex of this Circular, is incorporated into Annex II "Files of an internal or operational nature" of Circular 2/2005, of February 25, "Automated files with personal data managed by the Bank of Spain".

Third Provision

The file "Complaints Service" is modified in its section "Purpose of the file and intended uses thereof". The description that appears in the annex of this Circular replaces that of the file of the same name in Annex I of the aforementioned Circular 2/2005.

Fourth Provision

The files "Electronic Certificates", "Management of the Bank of Spain Library", and "Occupational Risk Prevention" are modified, in the content of the section "Basic structure of the file and types of data included in it". The descriptions that appear in the annex of this Circular replace those of the files of the same name in Annex II "Files of an internal or operational nature" of the aforementioned Circular 2/2005.

Fifth Provision

The file "Selection and Training of Personnel" is modified, in the sections "Basic structure of the file and types of data included in it", "Transfers of personal data", and "Transfers of personal data to third countries". The description that appears in the annex of this Circular replaces that of the file of the same name in Annex II "Files of an internal or operational nature" of the aforementioned Circular 2/2005.

Sixth Provision

The file "Refund of withholdings on interest" is modified in its section "Transfers of personal data". The description that appears in the annex of this Circular replaces that of the file of the same name in Annex I of the aforementioned Circular 2/2005.

Seventh Provision

The file "Personnel Management" is modified in its section "Transfers of personal data". The description that appears in the annex of this Circular replaces that of the file of the same name in Annex II of the aforementioned Circular 2/2005.

Eighth Provision

The file "Sanctioning Proceedings" is modified in its sections "Reference legislation" and "Service or unit before which the rights of access, rectification, cancellation, and opposition can be exercised". The description that appears in the annex of this Circular replaces that of the file of the same name in Annex I of the aforementioned Circular 2/2005.

Ninth Provision

The files "Archive Inquiries" and "Corporate Medical Services" are modified, in their section "Service or unit before which the rights of access, rectification, cancellation, and opposition can be exercised". The descriptions that appear in the annex of this Circular replace those of the files of the same name in Annex II "Files of an internal or operational nature" of the aforementioned Circular 2/2005.

Tenth Provision

The file "Balance of Payments and economic transactions with the outside world" is modified in its sections "Service or unit before which the rights of access, rectification, cancellation, and opposition can be exercised" and "Treatment system". The description that appears in the annex of this Circular replaces that of the file of the same name in Annex I of the aforementioned Circular 2/2005.

Eleventh Provision

The format of the section "Basic structure of the file and types of data included in it" is modified and the section "Treatment system" is included for all files whose modification is ordered in this circular.

Twelfth Provision

The file Subscribers of the Publications Service, included in Annex II of the aforementioned Circular 2/2005, is suppressed. The data of the file have been cancelled, through the destruction of the physical media on which they were registered.

Final Provision

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

ANNEX

File Management of Supervisory Activity

Reference legislation

Article 43.bis.1.bis of Law 26/1988, of July 29, on the Discipline and Intervention of Credit Entities according to the wording given by Law 36/2007 of November 16.

Purpose of the file and intended uses thereof

To support the inspection processes, monitoring of entities and authorizations that, in relation to entities under the supervision of the Bank of Spain, are carried out by the General Directorate of Supervision of said body.

Affected natural persons

Administrative and management positions, shareholders, and clients of entities under the supervision of the Bank of Spain.

Origin and procedure for the collection of personal data:

The data are provided, in electronic or physical media, by the supervised entities.

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

Specially protected data: Does not include data of this type.

Related to the commission of infractions: Does not include data of this type.

Identifying data: NIF/DNI. Name and surname.

Other types of data: Economic, financial, and insurance.

Treatment system

Automated.

Transfers of personal data

No transfers are planned, without prejudice to those that should be carried out in their case under the provisions of Article 6 of Legislative Royal Decree 1298/1986, of June 29.

Transfers of personal data to third countries

No transfers are planned, without prejudice to those that should be carried out in their case under the provisions of Article 6 of Legislative Royal Decree 1298/1986, of June 29, and always provided that the level of protection of the country has an adequate nature.

File responsible

Bank of Spain

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

Supervision Planning

Security measures

Medium level

File Commercial companies: shareholders, claimants, and affected parties. [1]

Reference legislation

Article 43.bis.1.bis of Law 26/1988, of July 29, on the Discipline and Intervention of Credit Entities according to the wording given by Law 36/2007 of November 16.

Purpose of the file and intended uses thereof:

To provide information regarding the shareholding composition of commercial companies, of possible claimants of those companies through ongoing judicial procedures, as well as of those affected by bankruptcy proceedings on said companies, all with the aim of being able to carry out a more accurate valuation of the credits of credit entities.

Affected natural persons:

Shareholders of commercial companies registered in Spain, claimants of those companies in judicial proceedings against them, and those affected by bankruptcy proceedings on those companies.

Origin and procedure for the collection of personal data:

The data are provided, in electronic media, by INFORMA, S.A.

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

Specially protected data: Does not include data of this type.

Related to the commission of infractions: Does not include data of this type.

Identifying data: NIF/DNI. Name and surname.

Other types of data: Economic, financial, and insurance.

Other types of data (Court and number of order, only in the case of claimants and affected parties).

Treatment system

Automated.

Transfers of personal data

No transfers are planned, without prejudice to those that should be carried out in their case under the provisions of Article 6 of Legislative Royal Decree 1298/1986, of June 29.

Transfers of personal data to third countries

No transfers are planned, without prejudice to those that should be carried out in their case under the provisions of Article 6 of Legislative Royal Decree 1298/1986, of June 29, and always provided that the level of protection of the country has an adequate nature.

File responsible

Bank of Spain

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

Supervision Planning

Security measures

Medium level

[1]

Incorporated by Circular of the Bank of Spain 4/2008, of October 31.

File Balance of payments and economic transactions with the outside world

Reference legislation

Law 19/2003, of July 4 (BOE of July 5).

Royal Decree 1816/1991, of December 20 (BOE of December 27).

Purpose of the file and intended uses thereof

Preparation of the Balance of Payments, the International Investment Position, and other statistics requested by international organizations.

Supervision of external receipts, payments, and transfers.

Affected natural persons

Resident holders of operations with the outside world: receipts, payments, transfers, external balances in negotiable securities, financial loans, commercial credits, and compensations.

Holders of accounts abroad, in financial and non-financial entities.

Origin and procedure for the collection of personal data

The data come from resident financial entities registered in the official records of the Bank of Spain, or of the National Securities Market Commission, of the Investment Fund Management Companies, and from the interested party themselves or their legal representative.

They are collected through declarations or forms on paper, magnetic/computer media, and electronic transmission, via telematics.

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

Specially protected data: Does not include data of this type.

Related to the commission of infractions: Data related to administrative infractions.

Identifying data: NIF / DNI. Name and surname. Address. Phone. Signature. Electronic signature.

Other identifying data: Position held within the company.

Other types of data: Economic, financial, and insurance. Transactions of goods and services.

Treatment system

Mixed.

Transfers of personal data:

Ministry of Economy and Finance.

Ministry of Commerce, Industry, and Tourism.

Executive Service of the Commission for the Prevention of Money Laundering and Monetary Infractions.

Transfers of personal data to third countries

No transfers occur.

File responsible

Bank of Spain.

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

Statistics Department.

Security measures

Medium level

File Refund of withholdings on interest

Reference legislation:

Royal Decree 1285/1991.

Ministerial Order of September 16, 1991.

Ministerial Order of June 19, 1997.

Ministerial Order of April 20, 1998.

Purpose of the file and intended uses thereof:

To manage requests for the refund of withholdings applied to the interest of public debt annotated in third-party accounts, presented by the managing entities of the Annotated Public Debt Market.

Affected natural persons

Clients registered in the third-party accounts of managing entities of the Annotated Public Debt Market.

Origin and procedure for the collection of personal data

The data come from the managing entities of the Annotated Public Debt Market.

The data are collected through global declarations and individual lists of recipients entitled to refund.

The medium used for obtaining is magnetic/computer media and transmission via telematics.

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

Specially protected data: Does not include data of this type.

Related to the commission of infractions: Does not include data of this type.

Identifying data: NIF / DNI. Name and surname. Address.

Other types of data: Personal characteristics. Commercial information. Economic, financial, and insurance.

Treatment system

Automated.

Transfers of personal data

Debt issuers and Tax Agency.

Transfers of personal data to third countries.

No transfers are planned.

File responsible:

Bank of Spain.

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

Operations Department.

Security measures:

Medium level

File Sanctioning Proceedings

Reference legislation

Law 26/1988, of July 29 (BOE of the 30th).

Law 30/1992, of November 26 (BOE of the 27th).

Royal Decree 1398/1993, of August 4 (BOE of the 9th).

Royal Decree 2119/1993, of December 3 (BOE of the 23rd).

Law 1/1994, of March 11 (BOE of the 12th).

Law 13/1994, of June 1 (BOE of the 2nd).

Additional first and tenth provisions of Law 3/1994, of April 14 (BOE of the 15th).

Article 178 of Law 13/1996, of December 30 (BOE of the 31st).

Law 41/2007, of December 7.

Purpose of the file and intended uses thereof

Processing of sanctioning proceedings by the Bank of Spain in the exercise of its supervisory functions, attributed by current legal provisions, regarding the solvency, conduct, and compliance with specific regulations of credit entities and of any other activities, entities, and financial markets whose supervision has been attributed to it.

Affected natural persons

The following natural persons who are the subject of a sanctioning proceeding may be affected:

Those who hold administrative or management positions in credit entities, appraisal companies, reciprocal guarantee societies, and currency exchange establishments, or who hold significant participations in credit entities.

Those who exercise activities legally reserved for credit entities or use the generic denominations proper to them or others that may induce confusion with them.

Those who professionally carry out foreign currency operations or offer their performance without authorization from the Bank of Spain and without being registered in the corresponding records.

Those who carry out or hold administrative positions in companies that carry out advertising using banknotes or coins that have or have had legal tender, or their facsimile reproductions, without having obtained the requisite authorization.

Origin and procedure for the collection of personal data

The data come from various departments of the Bank of Spain.

The medium used for their obtaining is paper.

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

Specially protected data: Does not include data of this type.

Related to the commission of infractions: Data related to the commission of administrative infractions.

Identifying data: DNI/NIF. Name and surname. Nationality. Address.

Other identifying data (Email address, Personal identification number for foreigners.)

Other types of data: Does not include data of this type.

Treatment system

Automated.

Transfers of personal data

Ministry of Economy and Finance.

Transfers of personal data to third countries:

No transfers are planned.

File responsible:

Bank of Spain.

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

Technical Secretariat.

Security measures

Medium level

File Complaints Service

Reference legislation:

Order of the Ministry of Economy of December 12, 1989 (BOE of December 19).

Order of the Ministry of Economy of November 16, 2000 (BOE of November 25).

Circular of the Bank of Spain 8/1990, of September 7 (BOE of September 20).

Law 44/2002, of November 22, on Measures to Reform the Financial System (BOE of November 23).

Royal Decree 303/2004, of February 20, approving the Regulation of the Commissioners for the Defense of the Client of Financial Services (BOE of March 3).

Order ECO/734/2004, of March 11, on the departments and services for customer attention and the client defender of financial entities (BOE of March 24).

Purpose of the file and intended uses thereof

Management and processing of complaints, grievances, and inquiries formulated by users of financial services, as well as the obtaining of statistical data from them.

The uses given to the file are those derived from the processing, control, and monitoring of complaint, claim, or inquiry files.

Affected natural persons:

The persons designated for this purpose by the entities subject to our competence (credit entities, appraisal companies, authorized currency exchange establishments for carrying out foreign bill sales and traveler's checks or management of transfers abroad, branches in Spain of credit entities with registered office in another State, and credit entities that have been authorized in other Member States of the European Economic Area, when they exercise their activity in Spain under the regime of free provision of services), as well as the holders of the client defender of those.

Natural persons and representatives of legal persons who have the status of users of financial services and who have raised a complaint, grievance, or inquiry.

Origin and procedure for the collection of personal data

The data come from the interested party themselves or their legal representative, from the different bodies of the Central, Autonomous, or Local Administration, from the Ministry of Economy and Finance, as well as from the entities subject to our competence and which are the subject of complaint or claim.

The data are collected through declarations or forms via paper media or telematics. The data are transmitted via paper media or via electronic transmission.

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

Specially protected data: Does not include data of this type.

Related to the commission of infractions: Does not include data of this type.

Identifying data: NIF / DNI. Name and surname. Address. Phone. Signature/Fingerprint. Image/Voice. Electronic signature.

Other identifying data (Passport number, Nationality, Email address, Fax)

Other types of data (Position, Data related to operation fi