Spain: the government can now seize your bank account in an emergency which IT declares

Last July, the Council of Ministers approved the Preliminary Bill to modify the National Security Law, defending the need that if another crisis occurs, the State can have the necessary resources to mitigate its impact.

With this new Security Law, the Government will be able to dispose of all the available resources of the affected public administrations in this type of situation, regulate the industrial production of Spain depending on the situation and other measures. 

The problem with this measure is that it grants absolute power to the Government to make decisions without them being approved in Parliament through Royal Decree, only needing to establish a crisis situation.

In addition, the text highlights sectors such as cybersecurity, economic and financial security, maritime, air and overseas, energy or health.

But the rule goes further, and in article 28 it recognizes that the Government could requisition private assets and demand the availability of “human and material resources” whether public or private to deal with the crisis, although it will be temporary and with compensation. The inclusion of “private goods” includes citizens’ bank deposits.

“Following the guidelines of the National Security Council or the functional authority, they may proceed to the temporary requisition of all types of property, as well as the temporary intervention or occupation of those that are necessary and, where appropriate, the suspension of activities. Those who as a result of these actions suffer damages in their goods and services -they continue-, will have the right to be compensated in accordance with the provisions of the laws”, says point 3 of article 28 of the draft.

In addition, this same section determines that in this type of situation people have “the duty to collaborate personally and materially” in case the authorities require this help and “any person, from the age of majority on up, will be obliged to the performance of personal actions as required by the competent authorities.

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