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Order Ecd/435/2017, Of May 10, Amending The Order Ecd/2063/1 August 2002, Which Regulates The Files With Personal Data Of The Ministry Of Education, Culture And Sport And Its Agencies Autonomous Tan...

Original Language Title: Orden ECD/435/2017, de 10 de mayo, por la que se modifica la Orden ECD/2063/2002, de 1 de agosto, por la que se regulan los ficheros automatizados con datos de carácter personal del Ministerio de Educación, Cultura y Deporte y sus organismos autóno...

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TEXT

The Council of Ministers ' Agreement of 20 September 2013 adopting measures for the restructuring and rationalisation of the public and business state public sector, as set out in Annex II.1.b), is set out in Annex II.1.b). For the International Projection of Spanish Universities (Universidad.es) will be extinguished and its activity will be integrated into the Autonomous Body "European Educational Programs".

Law 15/2014, of 16 September, of rationalisation of the Public Sector and other measures of administrative reform, amends in Article 5 the additional 42/2006 of Law 42/2006, of 28 December, of General Budget of the State for the year 2007, establishing that the Autonomous Body "European Educational Programs" will incorporate in its aims to enhance the international projection of the Spanish university system and its offer, as well as the interuniversity mobility". The autonomous agency will assume these functions at the moment when the foundation of the state public sector Foundation for International Projection of the Spanish Universities (Universidad.es) is extinguished, with the new name of Service Spanish for the Internationalization of Education (SEPIE), as well as the aforementioned Law 15/2014, of 16 September, in its article 4, establishes the modification of the name of the Autonomous Body "European Educational Programs", which happens to be called Spanish Service for the Internationalization of Education (SEPIE), and the integration of The Foundation for International Projection of Spanish Universities (Universidad.es) in the Spanish Service for the Internationalization of Education (SEPIE).

These forecasts have been developed by Royal Decree 815/2015 of 11 September, approving the Statute of the Autonomous Body "European Educational Programmes", which includes the new name Spanish Service for the Internationalisation of Education (SEPIE) and approves the new status for the Agency.

This modification of both the denomination and the competencies attributed to the agency, requires an adaptation of the regulatory regulations of the personal data files managed by the SEPIE.

Article 20.1 of the Organic Law 15/1999 of 13 December on the protection of personal data establishes that the creation, modification or deletion of the files of the Public Administrations may be made only by means of general provision published in the "Official State Gazette" or in the official journal concerned.

Article 52.1 of the Implementing Regulation of the Organic Law 15/1999 of 13 December on the protection of personal data, approved by Royal Decree 1720/2007 of 21 December, provides that the creation, modification and modification of the or the deletion of the files of public ownership may be made only by means of a general arrangement or agreement published in the "Official State Gazette" or in the corresponding Official Journal.

The Spanish Data Protection Agency and the Permanent Commission of the Ministry of Education, Culture and Sport's Ministry of Digital Administration have issued a report on this order.

By virtue,

DISPONGO:

Single item. Amendment of Order ECD/2063/2002, of 1 August, regulating the automated files with personal data of the Ministry of Education, Culture and Sport and their autonomous bodies.

The following automated files are created with personal data in the Spanish Service for the Internationalization of Education (SEPIE), the description of which is set out in the Annex:

invoices.

Third SIC3.

Fellows.

Payroll.

Expert Panel.

Staff.

Social Action.

Transnational cooperation.

Service Commissions.

The rights of access, rectification, cancellation or opposition to the Unit for the Coordination of the Spanish Service for the Internationalization of Education (SEPIE), Calle General Oraa, 55, 28006 Madrid, may be exercised.

Single end disposition. Entry into force.

This order shall enter into force from the day following that of its publication in the "Official State Gazette".

Madrid, May 10, 2017.-The Minister of Education, Culture and Sport, Iñigo Méndez de Vigo and

.

ANNEX

New Create Files

Files of the Spanish Service for the Internationalization of Education (SEPIE)

invoices.

1. Purpose of the file and intended uses for the file: Management of the Agency's invoices.

2. Persons or groups on whom data of a personal nature are intended to be obtained or which are obliged to supply them: third parties who submit invoices to the SEPIE and which are transferred to the SEPI by the Accounting Record of Invoices, persons natural persons who submit invoices or represent legal persons submitting invoices, legal representatives of the persons concerned.

3. Procedure for the collection of personal data: statements by interested parties and their legal representatives and official documentation.

4. Basic file structure: Database.

5. Description of the types of personal data included in it: DNI/NIF, name, address, telephone, bank details and any other information found in the invoices submitted.

6. Transfers of personal data: General intervention of the State Administration, Court of Auditors, Tax Administration, financial institutions.

7. Authorities responsible for the file: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE).

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE), Calle General Oraa, 55, 28006 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated.

11. Controller: Head of the Payments, Cobros and Accounting for European Funds service.

Third SIC3:

1. Purpose of the file and intended uses for the file: Management of third parties to account for the commitments, recognition of the obligation and payment to third parties of the files processed in the Agency.

2. Persons or groups on whom data of a personal nature are intended to be obtained or which are obliged to supply them: third parties who submit invoices to the SEPIE and which are transferred to the SEPI by the Accounting Record of Invoices, persons natural persons who submit invoices or represent legal persons submitting invoices, legal representatives of the persons concerned.

3. Procedure for the collection of personal data: statements by interested parties and their legal representatives and official documentation.

4. Basic file structure: Database.

5. Description of the types of personal data included in it: DNI/NIF, name and surname, address, telephone, bank details and any other information found in the invoices submitted and documentation provided by the third parties.

6. Transfers of personal data: General intervention of the State Administration, Court of Auditors, Tax Administration, financial institutions.

7. Authorities responsible for the file: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE).

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE), Calle General Oraa, 55, 28006 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated.

11. Controller: Head of the Payments, Cobros and Accounting for European Funds service.

Fellows.

1. Purpose of the file and intended uses for the file: management of mobility programmes.

2. Persons or groups on whom data of a personal nature are intended or required to be supplied: foreign students participating in the mobility programmes which are managed from SEPIE.

3. Procedure for the collection of personal data: statements of the data subjects and official documentation.

4. Basic file structure: Excel file/computer platform.

5. Description of the types of personal data included in it: number of foreign identity, passport number, name, nationality, date of birth, sex, email address, postal address, telephone number contact, degree, university of origin/working centre, current account number, NIE, academic data.

6. Personal data disposals: Universities participating in the mobility program, insurance companies, travel agencies, embassies and consulates, companies where they are carried out, financial institutions, external evaluators. In order to carry out the necessary data transfers, the parties concerned shall be entitled to provide their consent. For international data transfers with a recipient outside the Common Economic Area, the prior authorisation of the Spanish Data Protection Agency shall be sought unless it is in any of the exceptional circumstances referred to above. in Article 34 of the LOPD.

7. Authorities responsible for the file: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE).

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE), Calle General Oraa, 55, 28006 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated.

11. Controller: Head of the Human Resources and General Affairs service.

Payroll.

1. Purpose of the file and intended uses for the file: payroll management.

2. Persons or groups on whom data of a personal nature are intended or required to be supplied: Employees who maintain a working or working relationship with the Agency.

3. Procedure for the collection of personal data: Forms provided by the internal and external information systems (Public Service/Public Records databases), and the data subject itself.

4. Transfers of personal data: Ministry of Finance and Civil Service, (Directorate-General of the Civil Service and Directorate-General for Costs and Public Pensions), Ministry of Employment and Social Security (General Treasury of Security Social, Public Employment Service), Tax Agency, Autonomous Community of Madrid (Directorate-General for Employment, Tourism and Culture), MUFACE, Commission for the Control of the Pension Plan of the General Administration of the State, INE, insurance companies, banking institutions, trade unions and bodies judicial.

5. Basic file structure: Relational database.

6. Description of the types of personal data, included in the data type:

Personal data:

First and last name, DNI/NIF, date and place of birth, nationality, gender, marital status.

Home, phone, email.

Number of Personnel Registration, Regime and Social Security Membership Number and Medical Entity in Special Regime Case.

Social Security Membership Data.

Degree of worker's disability.

Home data for payments.

Professional data:

Contract or administrative relationship; administrative or employment situation; Body/scale or category, if any. RPT data for work and official personnel.

Recognized age, number of trienes, and date of compliance. Consolidated grade and date of consolidation.

Authorized compatibility situation.

Economic data Retentions, wages and food annuities. Banking data.

Trade union membership data.

7. Authorities responsible for the file: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE).

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE), Calle General Oraa, 55, 28006 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated.

11. Controller: Head of Economic and Financial Service.

Expert Panel.

1. Purpose of the file and intended uses therefor. Management of independent external experts working with the SEPIE in the evaluation of applications, analysis of reports on decentralised actions in the framework of the Lifelong Learning Programme and Erasmus +, the programmes of internationalisation of the Spanish university system and other initiatives.

2. Persons or groups on whom data of a personal nature are intended or required to be supplied: candidates to be part of the panel of experts, panel members, experts participating in the panels.

3. Procedure for the collection of personal data: registration form and supporting documentation, which the interested persons fill in and upload through the platform of the panel of experts.

4. Basic structure of the file. Database.

5. Description of the types of personal data included in it. Name, ID, ID or passport, address, telephone, e-mail, profession and job centre, level of knowledge of languages, experience in the education system, experience in other professional sectors, experience in projects National and transnational, experience in assessment processes, qualifications obtained (diploma, degree, postgraduate and other), cv input and banking data.

6. Assignment of personal data. Bank entities designated by the interested parties for the payment of the contributions provided, General Intervention of the State Administration, European Commission (through the audits carried out on the actions The decentralised management of the SEPIE, the Court of Auditors and the Tax Administration.

7. Organs of the Administration responsible for the file: of the Spanish Service for the Internationalization of Education.

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised. Evaluation and Control Unit and Coordination Unit through the Information Service of the Spanish Service for the Internationalization of Education (SEPIE).

9. Security measures. Basic level.

10. Treatment system. Automated.

11. Controller: Head of the Human Resources and General Affairs service.

Staff.

1. Purpose of the file and intended uses for the file: Human resources management of the Agency, presence control and training.

2. Persons or groups on whom data of a personal nature are intended to be obtained or which are required to supply such data: official, labour, acting and contracted staff outside the Agency's Convention.

3. Procedure for collecting personal data: forms.

4. Basic file structure: Database.

5. Description of the types of personal data included in it: DNI, name and surname, address, telephone, NIF, Personal Registration number, marital status, place and date of birth, sex, academic and professional data, data of details of employment, number of social security, health and administrative career data.

6. Transfers of personal data: Central Personnel Registry of the Ministry of Public Administrations, INAP and Entity Management of the Pension Plan of the AGE.

7. Authorities responsible for the file: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE).

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE), Calle General Oraa, 55, 28006 Madrid.

9. Security measures: High level.

10. Treatment system. Automated.

11. Controller: Head of the Human Resources and General Affairs service.

Social Action.

1. Purpose of the file and intended uses for the file: Management of the social assistance called within the Social Action Plan of the Agency.

2. Persons or groups on whom data of a personal nature are intended or required to be supplied: Staff of the Agency applying for Social Aid, family members of staff of the Agency who may benefit for the aid or legal representatives of the former.

3. Procedure for the collection of personal data: Data subjects enter their data in the Social Aid Management Application.

4. Basic file structure: Database.

5. Description of the types of personal data included in it: DNI, first and last names, social circumstances, health data, data of the family members of the data subjects and bank details.

6. Transfers of personal data: General intervention of the State Administration, Court of Auditors and financial institutions.

7. Authorities responsible for the file: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE).

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE), Calle General Oraa, 55, 28006 Madrid.

9. Security measures: High level.

10. Treatment system: Automated.

11. Controller: Head of the Human Resources and General Affairs service.

Transnational Cooperation.

1. Purpose of the file and intended uses for the file: Accounting, payment and recovery of compensation for the service relating to the participation in transnational cooperation activities of the European Commission's Erasmus + Programme.

2. Persons or groups on whom data of a personal nature are intended or required to be supplied: Individual persons working or studying in public or private entities engaged in education and training, such as participants in transnational cooperation activities.

3. Procedure for the collection of personal data: Documentation provided by interested parties.

4. Basic file structure: Database.

5. Description of the types of personal data included in it: DNI/NIF, first and last name, job, body or scale, group of allowances, address, telephone, bank details, compensation/compensation.

6. Transfers of personal data: Bank entities designated by the persons concerned for payment, Court of Auditors, European Economic and Social Committee.

7. Authorities responsible for the file: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE).

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE), Calle General Oraa, 55, 28006 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated.

11. Controller: Head of the Payments, Cobros and Accounting for European Funds service.

Service Commissions.

1. Purpose of the file and intended uses for the file: payment of the amounts corresponding to the commissions of service carried out by staff of the Agency or other person.

2. Persons or groups on whom data of a personal nature are intended to be obtained or which are required to supply such data: Body personnel or other persons.

3. Procedure for the collection of personal data: data subjects will fill in a form of the SORELLA application.

4. Basic file structure: Database.

5. Description of the types of personal data included in it: DNI/NIF, name and surname, bank details and amounts to be transferred.

6. Transfers of personal data: Bank entities designated by the persons concerned for payment, Court of Auditors, European Economic and Social Committee.

7. Authorities responsible for the file: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE).

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Coordination Unit of the Spanish Service for the Internationalization of Education (SEPIE), Calle General Oraa, 55, 28006 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated.

11. Controller: Head of the Payments, Cobros and Accounting for European Funds service.