Hispanics are an ethnicity, whenever you fill out a form notice this demographic is separate from the question about race. One can be black, white, native American (of Latin American origin) and even Asian (probably fleeing Venezuelan communism) and claim Hispanic ethnicity. You can be from Spain and claim such.
I guess so. Some states have different standards, but by the federal standard, Spaniards qualify as Hispanic or Latino. That may not have been the original intention of the people who drafted the standards, though.