Bancaja EUR 60000 per sanctioned inclusion of data in file of weak Without Prior Payment Requirement

In July 2009, was filed with the Spanish Agency for Data Protection complaint to the institution Savings Bank of Valencia, Castellón y Alicante, Bancaja forward, understanding that the complainant that entity instance of their personal data had been included in files and Badexcug Asnef solvency without BANCAJA would have previously required the payment of the unpaid debt amounting to 304.24 euros.

Accompanying the written complaint, the complainant submitted two letters sent by Asnef Equifax Information Services creditworthiness and credit, SL, and Experian Credit Bureau, Inc., dated 9 and May 11 of that year telling their inclusion in these files 8 and May 10, 2010 respectively.

In view of the facts, Inspection Services Agency BANCAJA requested the following information:

Description of the procedure established by that entity or third party acting as a processor to ensure that the request was made prior to payment and pre-inclusión.Acreditación information that is required in a convenient way to pay debt complainant before inclusion in the file indicated and that this requirement has been forwarded to the address provided by the complainant, justifying either the receipt of such request by the complainant or their devolución.Copia of the data held in its files relating the complainant including contact address.

In response to this request of the Agency, and after detailing the procedure that has established and led the recovery of debt and the data held by the complainant in its files, BANCAJA states that the complainant and submitted prior to its inclusion in the files three letters of request for payment without proof of receipt or return and then provides a copy sent to the complainant Bureaufax "BANCAJA prejudicial" July 8, which reads as follows

"As the holder of the loan (..) formalized on 30/01/2008, notifying you of the early termination of the obligation as agreed in the said policy. Moreover, we notify you that this operation has to date 08/07/2009 a debit balance of 2534.36 euros, 96.22 interest at the rates agreed in the policy, totaling 2630, 58 euros. All this for the purposes specified in the law of civil procedure and before starting the judicial claim . "

Therefore, the documents provided, it is established that he had made the request BANCAJA payment prior to the debtor prior to inclusion, so that the Director of the Agency in 2010 agreed to initiate an infringement procedure BANCAJA no allegations that the same formula .

Accredited results above facts the Agency finds that the conduct of BANCAJA is a violation of principle of accuracy and reliability, a corollary of the principle of data quality, having infringed Article 38.1.c) and 39 of the Rules of the Organic Law of Protection Personal Data.

Thus, Article 38 requires as a prerequisite to the inclusion of personal data in files crucial to judging the financial solvency of the person concerned if he had made the "pre-payment requirement to whom the fulfillment of the obligation ..", adding the Article 39 that the creditor must inform the debtor at the time of conclusion of the contract and in any case, at the time of making the request, which in the case of non-payment occur within the period provided for this purpose and complied with requirements set forth in the preceding article 'particulars of the default may be communicated to files relating to compliance or non-monetary obligations. "

For the Agency and thus following the same view held by the National Court, this requirement of prior notification of payment is set up as autonomous and formal requirement to be met even if the debt is certain, due and payable.

In this sense raises the Agency in resolving the National Court Judgement of February 27, 2008 in which the legal basis fifth states:

"It said so far it appears that where the incident for inclusion in the data file inaccurate, and the inclusion of data without observing the precautions laid down in order to ensure its accuracy, as in the case of not been made the previous requirement.

Regarding the requirement of prior notification to the inclusion of solvency files, we should note, as we have from our Judgement declaring September 21, 2001 (relapse in Appeal No. 226/00), these files in private ownership are subject to a number of controls and requirements that affect the content and transfer of data recorded in the file, and that specifically and thus irrelevant, so-called escalation files on creditworthiness and credit as a species within the genus of the files in private ownership, which can record only personal data which are crucial for judging the creditworthiness of those affected.

Well, the request must be made so as to be proof of receipt by recipients, for only then can be sure of receiving them if they refuse it. In any case, the request must be made to express the concept and the amount of debt remission determining the data to file financial solvency, (...). "

Based on the foregoing, the Agency decides to impose a fine of 60,101.21 BANCAJA € for a violation of Article 4.3 of the Organic Law on Data Protection, classified as a serious infringement of Article 44.3.d) of that Act.