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Order Igd/2265/2010, Of 19 August, Which Creates The Electronic Registry Of The Ministry Of Equality.

Original Language Title: Orden IGD/2265/2010, de 19 de agosto, por la que se crea el Registro Electrónico del Ministerio de Igualdad.

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Article 45 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, urges the Public Administrations to promote the use and application of electronic techniques and means, computer and telematics in the development of their activity and in the exercise of their competences.

This promotion task received a legislative impulse with the reform carried out by Law 24/2001, of December 27, of Fiscal, Administrative and Social Order Measures, Article 68 of which amended Article 38 of Law 30/1992, November 26, the Legal Regime of Public Administrations and the Common Administrative Procedure, to enable the creation of electronic records that will facilitate and promote communications between the Public Administrations and the citizens, also amending Article 59 of the same Law, in order to cover legal status of the notifications made by telematic means.

The legal forecasts were developed by the Royal Decrees 263/1996 of 16 February and 772/1999 of 7 May, which respectively regulate the use of electronic techniques for the General Administration of the State. computer and telematics, and the submission of applications, written and communications, as well as the issuing of copies of documents and the return of originals and the system of registration offices.

These royal decrees were amended by Royal Decree No 209/2003 of 21 February regulating records and telematic notifications, as well as the use of telematic means for the replacement of certified by the citizens completed by Order PRE/1551/2003 of 10 June 2003, which develops in its final provision the first relating to the technical requirements of the records and telematic notifications and the provision of the address service unique electronics.

A new impetus is given by Law 11/2007, of June 22, of Electronic Access of Citizens to Public Services, which recognizes the relationship with the Public Administrations by electronic means as a right of citizens and an obligation for such administrations. In addition, the Law regulates in its Articles 24, 25 and 26 the duty to create electronic records for the receipt and referral of applications, writings and communications and the content of the rules for the creation of electronic records. Subsequent to Royal Decree 1671/2009, of November 6, for which the Law 11/2007 is partially developed, of 22 June of electronic access of citizens it regulates in a way complementary the electronic records in its title IV.

Royal Decree 1671/2009 of 6 November implied the repeal of Royal Decree 263/1996, the partial amendment of Royal Decree 772/1999 of 7 May 1999 and the repeal of Order PRE/1551/2003 of 10 June, the latter, by Order PRE/878/2010 of 5 April 2010 establishing the system of electronic steering enabled, provided for in Article 38.2 of that Royal Decree 1671/2009.

In application of these legal provisions, this Order aims at the creation and regulation of an electronic register in the Ministry of Equality for all organs of the Department, enabled for reception and the submission of written applications and communications submitted electronically, in accordance with the model of generic application set out in Annex I. In any case, the submission of such documents by electronic means is provided for in this Annex. Order as an additional and non-compulsory route for the person concerned. In addition, this Order creates a personal data file "File of the Electronic Registry of the Ministry of Equality", in its unique additional provision, whose technical characteristics are set out in Annex II, and is enabled, in its final disposition, to the person holding the Secretariat to include new procedures, formalities and communications, the management of which shall be initiated through the electronic register.

In her virtue, after the approval of the First Vice President of the Government and Minister of the Presidency, I have:

Article 1. Object and scope of application.

1. The purpose of this Order is to create and regulate the electronic register of the Ministry of Equality (electronic register), for the reception and referral, by electronic means, of requests, writings and communications, in the form of Article 24 of Law 11/2007, of 22 June, of Electronic Access of Citizens to Public Services and Royal Decree 1671/2009 of 6 November 2009, for which the aforementioned Law is partially developed.

2. Electronic Registration will be unique for all Ministry bodies.

Article 2. Electronic Record Address.

The access of the stakeholders to the Electronic Registry will be available through the address of the Electronic Headquarters of the Ministry https://sede.migualdad.gob.es.

Article 3. Competent bodies for the management and security of the registry.

1. The management of the Electronic Registry corresponds to the Secretariat, which will exercise it through the General Administration of Electronic Administration, Technical Services and the Interior Regime.

2. The General Administration of Electronic Administration, Technical Services and the Internal Regime shall be responsible for the security of the Electronic Registry and the availability of the appropriate organizational and technical means to ensure the provision of the Royal Decree 3/2010 of 8 January, which regulates the National Security Scheme in the field of Electronic Administration.

Article 4. Voluntary nature of electronic presentation.

The submission of applications, writing and communications by means of the Electronic Register shall be voluntary, except as provided for in Article 27.6 of Law 11/2007 of 22 June and provided for in Articles 14.4 and 32.1 of Royal Decree 1671/2009, being an alternative to the presentation of the places mentioned in article 38.4 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 5. Access to the Electronic Registry and access of data subjects to information on the status of processing.

1. Those interested in accessing the Electronic Registry of the Ministry of Equality shall do so through the address of their electronic headquarters.

This address will find an up-to-date relationship of the applications, writings, and communications that are amenable to presentation.

2. In the terms of Article 37 of Law 11/2007, of 22 June, of Electronic Access of Citizens to Public Services, it will be possible to follow the procedures processed electronically through the portal of Internet of the Ministry, http://www.migualdad.es, or its electronic headquarters, prior to the safe identification of the interested parties.

3. The minimum technical requirements for the access and use of the Electronic Registry are those contained in the technical requirements document accessible at the Ministry's electronic headquarters.

Article 6. Log in the Log.

1. The submission of applications, writing and communications shall give rise to the corresponding seats in the Electronic Register, using secure electronic means for the performance of the seats and the recovery of the data enrollment.

2. The information system that supports the Electronic Registry shall guarantee the constancy of each seat that is practiced and its contents, establishing a register per seat in which the presented documentation is identified, which will be associated with the corresponding seat number.

3. Each presentation in the Electronic Registry shall be identified with the following data:

a) An individualized registration number or code.

b) The identity and location data of the data subject. The electronic register shall contain its first and last names, national identity card, NIF, NIE, passport or equivalent, postal address and, where applicable, electronic. In the case of legal persons, social denomination, CIF, registered office and, where applicable, electronic address.

c) Presentation date and time.

d) Where appropriate, the identity of the organ to which the electronic document is addressed.

e) Where appropriate, the procedure to which it relates.

f) Content of the form.

Article 7. Identity accreditation.

1. Applications, written and communications may be filed with the Electronic Registry by the persons concerned, in the terms defined in Articles 30 and following of Law 30/1992, of November 26.

2. The signatory of the document may accredit his identity to the Electronic Registry by electronic signature or through public officials entitled, by means of the procedure provided for in Article 22 of Law 11/2007, of June 22.

3. The electronic seat shall inform the systems of representation and authentication and signature usable for the submission of written documents to the Electronic Registry through its managing applications, with specification, if any, of the services, procedures and procedures to which they are applicable.

Article 8. Identification, authentication and signature systems.

Electronic signature systems that are in conformity with the provisions of Article 10 of Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of June 22, of access is partially developed, will be accepted. Citizens ' electronic services to public services.

Article 9. Documents supported.

1. The Electronic Registry shall admit any requests, written and communications, through the computer applications enabled for this purpose.

A generic form allowing the submission of applications, written or communications not associated with standard procedures, as provided for in Article 24.2.b) of Law 11/2007, may be located. whose structure is indicated in Annex I to this Order.

2. The Electronic Registry may reject electronic documents in any of the circumstances provided for in Article 29.1 of Royal Decree 1671/2009 of 6 November 2009 in the form set out therein. Where appropriate, the notification to the sender shall be made in accordance with Article 29 of that rule.

Article 10. Supplemental documentation.

All submission of applications, writing and communications may be incorporated as supplementary documentation:

(a) Electronic documents that meet the technical requirements that are regulated in Article 14 of this Order.

(b) Documents which are not available in electronic form and which, by their nature, are not liable to contribute using the digitised copy procedure provided for in Article 35.2 of Law 11/2007 of 22 June 2007, may be incorporated through the means provided for in Article 38.4 of Law 30/1992 of 26 November, within 10 days of the submission of the corresponding electronic form. Failure to comply with this time limit for the provision of supplementary documentation may give rise to its requirement in accordance with Article 71 of Law No 30/1992 of 26 November.

c) Whenever electronic documents are submitted separately to the main form, the person concerned must mention the individual registration number or code allowing the identification of the file in which the has to have effects.

Article 11. Acknowledgement of receipt.

Upon receipt of a request, written or communication, the Electronic Registry shall automatically issue a signed receipt electronically, which may be printed, in which the data provided by the data subject shall be recorded, the date and time at which such presentation occurred, the entry registration number and other content in accordance with Article 30.3 of Royal Decree 1671/2009 of 6 November 2009.

Article 12. Computation and time limits for the submission of documents.

1. The electronic register shall allow the submission of applications, written and communications during the 24 hours of the year, without prejudice to the interruptions provided for in Article 30.2 of Royal Decree 1671/2009 of 6 May 2009. November, when justified reasons for technical or operational maintenance, which shall be reported in the register itself and in the electronic seat, are met.

2. For appropriate purposes, the electronic seat shall show, in an equally visible place:

(a) The calendar of indeft days relating to its procedures and formalities, which shall be determined in the annual resolution published in the "Official State Gazette", by the Ministry of the Presidency, for the whole national territory.

b) The official date and time, which shall be the date and time of the transaction in the Electronic Register and whose timing shall be performed in accordance with the provisions of Article 15 of Royal Decree 4/2010 on the approval of the National Interoperability Scheme.

3. The calculation of time limits shall be carried out in accordance with the provisions of paragraphs 3, 4 and 5 of Article 26 of Law 11/2007 of 22 June 2007 on Electronic Access to Public Services.

Article 13. Interoperability and security.

1. The electronic register shall have the appropriate organisational and technical means to ensure interoperability and safety in accordance with the provisions of Royal Decree 3/2010 of 8 January, which regulates the National Scheme of Security, in the Royal Decree-4/2010, of 8 January, for which the National Interoperability Scheme is regulated as well as in the Regulation of the Development of Organic Law 15/1999, of 13 December, of Protection of Data of Personal Character.

2. The formats of electronic documents and electronic images of documents shall be established in the framework of the National Interoperability Scheme. According to the available computer tools and communication channels, the maximum extension of the complementary documents to be submitted in one session may be limited.

Article 14. Responsibility.

Users are solely responsible for the responsibility of the custody of the elements necessary for their authentication in the access to these services, the establishment of the precise connection and the use of the signature electronic, as well as any consequences that may arise from improper, improper or negligent use of the same. It will also be the responsibility of the user to ensure the proper custody and handling of the files that are returned to him by the Electronic Registry as an acknowledgement of receipt.

Article 15. Accessibility.

The design of the Electronic Registry will observe the accessibility requirements provided for in Royal Decree 1494/2007 of 12 November, which approves the Regulation on the basic conditions for the access of persons with disabilities to technologies, products and services related to the information society and social media. In this sense, the web pages related to the Electronic Registry must be adjusted, at least, to priority 1 of the standard UNE 139803:2004 from the entry into force of the royal decree.

Single additional disposition. Data protection file.

In compliance with the provisions of Article 20 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, the personal data file is created. Equality ", whose ownership corresponds to the Ministry of Equality, Alcalá Street, 37, 28071 Madrid, and its management corresponds to the Secretariat, valid for the purpose of the exercise by the citizens of the rights provided for by said Law.

The content with the technical specifications of the file is set out in Annex II of this Order.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this Ministerial Order.

Final disposition first. Enable the holder of the Deputy Secretary of the Ministry of Equality.

1. The holder of the Secretariat of the Ministry of Equality is hereby enabled to include new procedures, formalities and communications to which the provisions of this Order will apply. In any case, the admission of new procedures, formalities, preprinted, applications and models will be disseminated through its electronic headquarters.

2. The approval and modification of the relationship of requests, written and standardised communications, corresponding to specific services, procedures and formalities, as provided for in Article 24 (2) (a) of Law 11/2007, of 22 June, corresponds to the person who holds the Secretariat.

3. The approval or modification of the forms for the applications, written and standardised communications, specifying the fields of the required completion and the criteria of congruence between the data entered in the The form corresponds to the person who holds the Secretariat.

4. The resolutions for the approval of these forms, regardless of the official publication that will be applicable to them, will be disclosed through the electronic headquarters.

Final disposition second. Entry into force.

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

Madrid, 19 August 2010. -Minister for Equality, Bibiana Aido Almagro.

ANNEX I

Generic Request: That allows to submit any application, written or generic communication, and accompanying documentation, addressed to any organ or entity in the domain of the administration of the registry (article 24.2.b) of the Law 11/2007].

The form for submission of writings in the Electronic Registry shall contain the following paragraphs:

1. Form Data:

Document Type ..........................................................................................................

Identification number .................................................................................................

Name ....................... First surname ....................... Second surname ........................

Country ........................... Province ............................. Location .........................................

Address ....................... Block ........... Ladder ......... Floor ........ Postal code ............

Contact phone .............. Email ................ Mobile phone ...................

2. Request Data:

Recipient organization:

Subject:

Exposes:

Requests:

3. Annexes documents.

ANNEX II

Personal Data File

Name of the file: Electronic record of the Ministry of Equality.

Purpose of the file: Log records of the electronic seats made in this Electronic Register to, if necessary, consult the registration information of a seat.

intended uses: Reception and referral to the competent body or body of such writings, applications and communications, as well as the accompanying documentation thereof, as well as statistical purposes and to respond to them queries of the users themselves, about the registration.

Persons or collectives on which personal data is intended to be obtained, or which are required to supply them: The registration seat contains the data identifying the data subject, as well as those of his representative in their case.

Personal Data Collection Procedure: Per file of the data entered at the time of the seat.

Basic file structure and description of personal data types, including: The following personal data is collected, associated with the registration information:

Identifying character data: DNI, first name, and last name.

Personal features data: Home, email.

Data relating to the application, written or communication presented: Fields "Subject", "Expose" and "Requested".

Academic and professional data: They can be entered by the user in the fields "Requested" and "Expose", as well as in the annexed documentation.

Social Circumstances data: They can be entered by the user in the "Requester" and "Expose" field, as well as in the attached documentation.

Treatment system used in your organization: Automated.

Data Crashes to be provided: The recipient administration of the same.

Administrative body responsible for the file: Undersecretary of the Ministry of Equality.

Administrative body to which the rights of access, rectification, cancellation and opposition may be exercised: Undersecretary of the Ministry of Equality.

Security measures, with indication of the basic, medium or high level, required: Basic.