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Order Fom/3475/2010, Of 15 December, That Modifies The Relationship Of Automated Files Of Personal Data Of The Ministry Of Public Works.

Original Language Title: Orden FOM/3475/2010, de 15 de diciembre, por la que se modifica la relación de ficheros automatizados de datos de carácter personal del Ministerio de Fomento.

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TEXT

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 files of Public Administrations may be done only by means of General provision published in the Official Journal of the State or the corresponding official journal. For its part, Article 53.1 of Royal Decree 1720/2007, of 21 December, approving the Regulation on the development of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, determines that when the A provision relates to the organs of the General Administration of the State or to the entities or bodies linked or dependent on it, the form of a ministerial order or the decision of the holder of the entity or body shall be corresponding.

The requirement of general provision published was already imposed in article 18 of the Organic Law 5/1992, of 29 October, of Regulation of the Automated Treatment of Personal Data, which was repealed by the aforementioned Organic Law 15/1999. According to what was then required by the aforementioned article 18, the Order of 4 October 1999 was approved, with the aim of updating the relationship of automated files of personal data of the Ministry of Public Works, which were regulated by Order of 27 July 1994.

The list of files contained in the Annex to that order of 4 October 1999 has undergone several subsequent amendments, as a result of the need to incorporate new files, to amend certain aspects of the existing or delete some of them. This order changes the wording of the files of the Ministry of Public Works, in order to create two new files, a first file of which is responsible for the Public Business Entity Spanish Airports and Air Navigation (AENA) and a second file for which the Department's Directorate General for Institutional Relations is responsible.

It is to be noted that the automatic files created by this order have been the subject of a report by the Spanish Data Protection Agency.

In its virtue, I have:

First. Creation of files. -In the annex of this order the files of new creation are collected that are to be incorporated into the set of automatic files of personal data of the Ministry of Development.

Consist, in respect of each of the files, the responsible organ and the service to which the rights of access, rectification and cancellation are exercised; the name of the file; the purpose and the uses; the personnel or the collectives affected; the procedure for collecting the data; the basic structure of the file; where appropriate, the personal data transfers; the security measures and the data processing system.

The security measures set out in the relevant paragraph are those that are applicable in accordance with the provisions of Royal Decree 1720/2007 of 21 December 2007 on the implementation of the Regulation on the development of the Organic Law 15/1999, of December 13, of Protection of Personal Data.

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

Madrid, December 15, 2010. -Minister of Development José Blanco López.

ANNEX

Newly Created Automated Files

Responsible Authority: Business Public Entity Spanish Airports and Air-AENA Navigation

Service for the exercise of access rights, rectification and cancellation: AENA Central Data Protection Office

N/R: 1.

Name: Objects lost.

Purpose/uses: Purpose. Management of lost objects. Uses. Returning forgotten objects, storing them.

Affected personnel or collectives: Passengers and users of AENA's Airports and AENA Centres, workers and external collaborators.

Collection Procedure: Verbal communication of the user who delivers the object or who claims it, which is stored on paper or computer support.

Basic structure: Identifying data (first and last names, DNI, NIF, address, phone, signature).

Personal Data Crashes: Not foreseen.

Security measures: Basic level.

Treatment system: Mixed.

Responsible body: General Directorate of Institutional Relations

Service or Unit for the exercise of access rights, rectification and cancellation: Subdirectorate General for Management of Aid, Grants and Projects

N/R: 2.

Name: 1% cultural file.

Purpose/uses: Track, control and payment of the aids ..

Staff or groups affected: Staff of Councils, Foundations, Associations, Autonomous Communities and other entities receiving 1% Cultural.

Collection procedure: Through request.

Basic structure: Identification and location data, (denomination of the beneficiary entity, NIF, owner of the entity, address, telephone, e-mail, fax). Economic data (amount of subsidy, bank account).

Personal Data Recessions: Those provided for in the Act.

Security measures: Basic level.

Treatment system: Automated.