Law 11/2007, of June 22, of Electronic Access to Public Services, recognizes citizens the right to engage with Public Administrations using electronic means for the exercise of rights provided for in Article 35 of Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the common administrative procedure, and for obtaining information, consultation and argument, making applications, express consent, make claims, make payments, make transactions and to oppose resolutions and administrative acts.

This use of the techniques and electronic means is carried out in accordance with the requirements and guarantees laid down in the aforementioned Law 11/2007 of 22 June, as well as in Royal Decree 1671/2009 of 6 November, for which the partially develops the law. The guarantees and requirements laid down in Organic Law 15/1999 of 13 December 1999 on the Protection of Personal Data and its implementing legislation, in Royal Decree 4/2010 of 8 January 2010, should also be taken into account. regulates the National Interoperability Scheme in the field of the Electronic Administration and Royal Decree 3/2010 of 8 January, which regulates the National Security Scheme in the field of the Electronic Administration.

In recent years, the Ministry of Justice, in its field of action, has put in place electronic processing systems of different procedures. Thus, in this line of action, the Royal Decree 95/2009, of 6 February, which regulates the System of Administrative Records of Support to the Administration of Justice, has in its article 17.4 that " Individuals will be able to request and receive by mail the certificate corresponding to your personal data. The requirements and conditions for such applications to be processed by telematics shall be determined by order of the Minister of Justice. "

This Order is in compliance with the mandate of Royal Decree 95/2009 of 6 February 2009. The preparation of the same has been taken into account both the provisions of Order JUS/30 00/2009 of 29 October, for which the Electronic Registry of the Ministry of Justice is created and regulated and in Order JUS/485/2010, of 25 February, for which the Electronic Headquarters of the Ministry of Justice is created, as well as the experience in application of both norms, from the strictly technological point of view, all with the objective to seek the rationality and the simplicity of the procedure and the agility of the electronic processing of the application and obtaining the certificate of criminal history by individuals.

In its virtue, prior to the report of the Spanish Agency for Data Protection, I have:

Article 1. Applicable object and regulations.

The purpose of this order is to determine the requirements and conditions for the electronic processing of applications and the issuance of a criminal record.

This procedure will apply to the provisions of Royal Decree 95/2009 of 6 February, which regulates the System of Administrative Records of Support to the Administration of Justice, in Order JUS/30 00/2009, October 29, for which the Electronic Registry of the Ministry of Justice is created and regulated and in Order JUS/485/2010, of 25 February, for which the Electronic Headquarters of the Ministry of Justice is created.

Article 2. Security, organizational and technical measures.

1. Applications to support telematics processing will respond to the safety and interoperability criteria derived from Law 11/2007, of June 22, of Electronic Access of Citizens to Public Services, and of the Royal Decree 1671/2009, dated 6 November, according to the Royal Decrees 4/2010, of 8 January, which regulates the National Interoperability Scheme in the Field of the Electronic Administration, and 3/2010, of 8 January, for which the Scheme is regulated National Security in the Field of Electronic Administration.

2. In any event, the provisions of this order will be applied as provided for in Organic Law 15/1999 of 13 December on the Protection of Personal Data and its implementing rules, together with the other applicable rules.

3. The personal data files resulting from the provisions of this Order will have a level of security of medium degree, as well as with the measures provided for in Royal Decree 95/2009, of February 6 and must be registered in the Register General Data Protection.

Article 3. Authentication and identification requirements.

1. The application and discharge of certificates shall require the use of any of the identification and authentication systems provided for in Article 13 of Law 11/2007, of 22 June, of Electronic Access of Citizens to Public Services, as well as In Law 59/2003, of 19 December, of Electronic Signature. In particular:

a) The identification and signature of the applicant initiating the procedures will require the use of one of the following systems:

1. E-Signature Systems incorporated into the National Identity Document, for individuals.

2. Advanced electronic signature systems, including those based on a recognized electronic certificate, supported by Public Administrations.

b) The identification of the applicant for the discharge of the generated certificate will require the use of one of the above systems and the contribution of information known to both parties and generated in the process of discharge of the request.

(c) electronically issued criminal records shall include a secure code of verification that allows for the collating of their content in the Ministry's electronic headquarters.

2. Applications to support telematics processing will be accessible through the electronic headquarters of the Ministry of Justice, with the requirements and guarantees established for this.

3. The supporting documents for the submission of applications shall make use of the electronic register of the Ministry of Justice.

Article 4. Identity validation, fee payment, and point to the Ministry of Justice's Electronic Register.

The system of support for the submission of applications will validate, prior to the express consent of the applicant, the identity of the same and the identity data recorded through the use of the Data Verification System Identity and Residence Data of the Ministry of the Presidency. Next, it will manage the telematic payment of the associated fee, the telematic referral to the unit responsible for processing and the point of the seat in the Electronic Registry of the Ministry of Justice.

The rate by issue of the criminal record certificate will be paid in a telematic and integrated manner in the application process through the payment gateway of the State Tax Administration Agency, as established in the Resolution of 10 January 2008, of the Subsecretariat of Justice, laying down the application of the procedure for the submission of self-clearance and the conditions for the telematic payment of the administrative fees of the Ministry of Justice.

Article 5. Procedure for the telematics processing of criminal records.

1. The procedure, subject to the criterion of speed, will be automatically taken forward in all its formalities. It starts with the submission of the application in the Electronic Registry of the Ministry of Justice, through the electronic headquarters of the Ministry of Justice, which will contain all the mandatory data set out in the form available in the electronic headquarters, as well as the digital signature of the applicant. The applicant shall be the data subject concerned and shall electronically credit his/her identity in accordance with the technical requirements set out in Article 3 of this Ministerial Order.

2. The applicant shall receive a proof of the lodging of the application, which shall include the filing date of the application, in accordance with the provisions of Order JUS/30 00/2009 of 29 October establishing and regulating the application of the application the Electronic Register of the Ministry of Justice.

3. If the application does not meet the requirements laid down in paragraph 1, the person concerned shall be required to provide, within a period of 10 days, the absence or accompanying of the required documents, indicating that if he does not do so, he shall be required to withdrawal of their request, after a decision to be made in accordance with the terms set out in paragraph 5.

4. Citizens may exercise their right to know the status of the processing of the telematic application procedure and obtain the criminal record at any time.

5. They shall terminate the proceedings of the issuing of the criminal record, the withdrawal, the declaration of revocation and the material impossibility of continuing the procedure for justified reasons. The resolution shall be reasoned. Where the applicant is brought to a standstill for reasons of reason, the competent authority shall inform the applicant that, after three months, the file shall be revoked, the file of the proceedings and its notification being agreed.

6. The corresponding certificate shall be sent to the e-mail address provided by the person concerned for the availability of the certificate so that it can be downloaded through the electronic headquarters of the Ministry of Justice. accreditation of his/her identity in accordance with Article 3 of this Ministerial Order and the contribution of the identifier listed in the proof of the submission of the application.

Single end disposition. Entry into force.

This order will take effect the day following your publication in the Official State Gazette.

Madrid, November 2, 2010. -Minister of Justice Francisco Caamano Domínguez.