Overview
The Spanish Data Protection Agency (AEPD, ) is an independent agency of the government of Spain which oversees the compliance with the legal provisions on the protection of personal data. The agency is headquartered in the city of Madrid and it extends its authority to the whole country.
Apart from the AEPD, there are regional data protection agencies. These agencies have limited access to the files of public administrations because all that information remains the responsibility of the national agency. Currently there are only two regional agencies: the Catalan Data Protection Authority and the Basque Data Protection Agency. From 1995 to 2013, there was also the Data Protection Agency of the Community of Madrid.
Legal basis and foundation
The AEPD was established by Royal Decree 428/1993 of 26 March, as amended by Organic Act 15/1999 on the Protection of Personal Data. This amendment implemented Directive 95/46/EC. The agency was created in the context of the Spanish Constitution of 1978, Article 18.4, stating that "the law shall restrict the use of informatics in order to protect the honour and the personal and family privacy of Spanish citizens, as well as the full exercise of their rights" as elaborated by Organic Law 5/1992.
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