Sepblac

Audit and Control

Unofficial translation provided for information purposes.

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The Public Prosecutor’s Office is responsible for authorizing the relationship of the single access points (PUA, from its initials in Spanish) and verifying that the consults of declared data to the Centralized banking account register (FTF, from its initials in Spanish) are carried out by the authorized authorities or officials, and for the purposes established in Article 43 of Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing. All this, without prejudice to the possible exercise of the legally recognized powers of the Spanish Data Protection Agency.

For this purpose, the State General Prosecutor will designate and communicate to the Prosecutorial Council, in accordance with the provisions of Article 43.4 of Law 10/2010, of April 28, a member of the Public Prosecutor’s Office responsible for ensuring the proper use of the FTF.

The designated prosecutor can audit accesses to the FTF whenever deemed necessary. To this end, Sepblac permanently keeps a record of the queries and accesses made in the exercise of its functions and by the PUAs at the disposal of the designated prosecutor. In any case, Sepblac provides a list of the performed accesses to the prosecutor every six months.

Notwithstanding the foregoing, when Sepblac becomes aware that an irregular consultation or access to the FTF has occurred, or when an access is requested outside the channel provided by current regulations, it will refer the matter to the designated prosecutor or, where appropriate, to the corresponding PUA. If the designated prosecutor, either based on the information received from Sepblac or by any other means, considers that there are indications of irregular query or access, preliminary actions shall be initiated.

If the preliminary actions result in the finding that the investigated query or access was irregular, the designated prosecutor will forward a copy of the actions to the institution responsible for initiating the corresponding disciplinary procedure. If the investigated irregularity constitutes a criminal offence, the actions will be referred to the Public Prosecutor’s Office or the competent judicial body.