Processing of personal data shall be irregular when it does not obey the legislation or when it does not provide the security that its data subject can expect of it, considering the relevant circumstances, among which are:
I – the way in which it was done;
II – the result and the risks that one can reasonably expect of it;
III – the techniques for processing personal data available at the time it was done. Sole paragraph. The controller or the processor who neglect to adopt the security measures provided in Art. 46 of this Law shall be held liable for the damages caused by the violation of the security of the data that caused the damage.