By article 1.Two of Royal Decree-Law 16/2012 of 20 April, of urgent measures to ensure the sustainability of the National Health System (SNS) and improve the quality and safety of its benefits, a new Article 3a (recognition and control of the condition of insured persons) to Law 16/2003 of 28 May, of cohesion and quality of the SNS, whereby the recognition and control of the condition of the insured person or of the beneficiary of the same shall correspond to the National Institute of Social Security (INSS) or, where appropriate, the Social Institute of the Navy (ISM). In addition, the aforementioned article provides that for the verification of the requirements for the recognition of the insured or the beneficiary, the personal data required by the competent bodies shall be communicated to the INSS. In the case of foreign nationals, as well as the INSS, for these purposes, it will be able to deal with the working data in files of the Gestoras and the Common Services of Social Security, and both in one and the other case without specifying the consent of the interested. The INSS shall process the information in order to inform the competent health authorities of the data necessary to verify at any time the conditions and conditions required for the recognition of the right to health care, without specifying the consent of the person concerned.

Also, Article 4 (14) of the Royal Decree-Law 16/2012 adds a new article, 94 ter, to Law 29/2006, of 26 July, of guarantees and rational use of medicinal products and medical devices, for which, and with the the purpose of fixing the amount of the contribution of the beneficiaries in the pharmaceutical supply, the competent authority in the tax area may communicate to INSS, or, where appropriate, the Social Institute of the Navy, without the the data subject's consent, the data necessary to determine the level of income required; Similarly, the bodies of public administrations which are competent to determine the concurrency of the conditions laid down for exemption from the provision of the pharmaceutical supply (Article 94 (a)) shall inform the INSS of the Without the consent of the person concerned. The INSS or, where appropriate, the Social Institute of the Navy, shall communicate to the Ministry of Health, Social Services and Equality and, in turn, to the other competent health administrations the data relating to the level of contribution corresponding to the each user, in accordance with the provisions of the rules governing medical prescriptions and dispensing orders. In no case shall such information include the actual amount of the income.

In relation to the above, it is necessary to create a data file of a personal nature that facilitates the management and recognition of the right to health care and the fixing of the level of contribution to the pharmaceutical supply, managed by INSS.

For the creation, modification or deletion of the files of the Public Administrations, the Organic Law 15/1999, of December 13, of Protection of Personal Data, in its article 20, as well as article 52 of the Regulation of the development of the Organic Law 15/1999, approved by Royal Decree 1720/2007, of 21 December, establishes that it can be made only by means of general provision published in "Official Gazette of the State" or the corresponding official Journal.

This provision has been reported by the Spanish Data Protection Agency as required by Article 37 (h) of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

In its virtue, I have:

Single item. Creating the personal data file.

The personal data file called "BADAS", described and regulated in the Annex to this Order, is created in the Ministry of Employment and Social Security.

Single end disposition. Entry into force

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

Madrid, June 29, 2012. -Minister of Employment and Social Security, Fatima Banez García.

ANNEX

a) File identification:

-File name: BADAS.

-Purpose and intended uses: The file aims to verify the concurrency of the requirements necessary for the affected person to have the condition of insured or beneficiary in charge, as well as the determination of the level the contribution of each insured person to the pharmaceutical provision, in accordance with the provisions of Law 16/2003 of 28 May and Law 29/2006 of 26 July. The competent authorities in the field of health shall be provided, through the Ministry of Health, Social Services and Equality, with information on the condition of insured or beneficiary in charge, as well as the level of corresponds to that insured or beneficiary in charge.

(b) Origin of data and provenance: The data shall be obtained from the data subject himself and from other public administrations in respect of which the transfer of the data is provided to the National Social Security Institute, in accordance with the provisions of Law 16/2003 of 28 May and Law 29/2006 of 26 July. For the latter, the following data will be obtained:

-Of the competent authorities in the field of foreign nationals, the information necessary to verify the nationality and residence of the persons concerned, for the purpose of verifying the concurrency of the requirements to be held the condition of insured or beneficiary in charge.

-Of the managing entities and common services of the Social Security or of the organs of the competent public administrations that are essential to verify the concurrency of the condition of insured or beneficiary in charge.

-From the competent tax administration, the data necessary to determine the level of income required for the determination of the level of contribution to the pharmaceutical supply.

-Of the bodies of the public authorities, which are competent in each case, the data necessary to determine the exemption from the contribution to the pharmaceutical supply, as laid down in Article 94 bis.8 of the Law 29/2006, dated July 26.

-From the administrations of other states, the data necessary to credit some requirement linked to the level of income.

(c) Collectives or categories of data subjects: A set of Spanish and foreign nationals residing legally in Spain who, in compliance with the conditions necessary to have the status of insured persons or beneficiaries in charge, have a right to public health coverage from the National Health System.

d) Data collection procedure: Collection of information from the data subject by forms, from public administrations by electronic means and direct inclusion of beneficiaries by the managing body.

e) Basic file structure: The BADAS file contains as identifying data the NIF/NIE, the first and last name, the Social Security number, the address, date of birth and degree of disability in case of being greater than 26 years.

Apart from the provisions of the law introduced by Royal Decree-Law 16/2012, it incorporates data relating to the nationality of the person concerned, his legal residence in Spain, the level of income of the family unit, the (i) the fact that the person concerned is the recipient of income from social integration, the perception, in his case of non-contributory pensions and the loss of the right to receive the unemployment benefit.

In the same way, particularly protected data relating to the health of persons referred to in paragraphs (a) and (d) of Law 29/2006 are incorporated; that is, those relating to their status as affected by the toxic syndrome, persons with disabilities in the cases covered by their specific rules and the existence of an accident at work or occupational disease.

-Treatment system: Partially automated.

(f) Expected data communications: The data relating to the condition of the insured person or beneficiary of the data subject and the level of contribution that may correspond to them; in no case shall such information include the data of the amount (Article 94 ter of Law 29/2006, added by Royal Decree 16/2012).

With regard to the provision of Article 94 ter, the action of the National Social Security Institute, on the basis of information provided by the Tax Administration, is limited to facilitating the flow of information necessary for the effective implementation of the same through the Ministry of Health, Social Services and Equality by the competent health administrations.

g) Data transfers to third countries: Not foreseen.

h) Responsible for the file: National Institute of Social Security's Service Management Subdirectorate General.

i) Service or units to which the rights of access, rectification, cancellation and opposition may be exercised: Subdirectorate General of Service Management of the National Institute of Social Security.

j) Security level: The file will contain data related to the health of the data subjects, necessary to determine if the file is exempt from the contribution, which necessarily implies that the security measures Set to the file are the high level.