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Order Cin/506/2010, February 26, Which Creates And Regulates The Electronic Registry Of The Ministry Of Science And Innovation.

Original Language Title: Orden CIN/506/2010, de 26 de febrero, por la que se crea y regula el Registro Electrónico del Ministerio de Ciencia e Innovación.

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TEXT

Law 11/2007, of June 22, of Electronic Access of Citizens to Public Services, contains, in its articles 24, 25 and 26, a new regulation of electronic records, precepts that are developed by the Real Decree 1671/2009 of 6 November 2009, for which the aforementioned Law is partially developed and regulates the conditions of its operation.

Article 24.1 of Law 11/2007, of June 22, of citizens ' electronic access to Public Services establishes that public administrations will create electronic records for the reception and referral of requests, writing, and communications.

In addition, Article 25.1 of the aforementioned Law provides that the provisions for the creation of electronic registers shall specify the organ or unit responsible for its management, as well as the official date and time and the days declared as such. indeft to the timing effects.

In addition, Section 2. of Chapter III of Title II of Law 11/2007, of June 22, regulates electronic communications and the practice of electronic media reporting.

Law 11/2007, of June 22, and Royal Decree 1671/2009 of 6 November, for which the aforementioned law is developed, contain a new regulation of electronic records, and although the law provides for, in its transitional provision only, that the telematic records existing at the entry into force of the Law will be considered electronic records, given the number of procedures that will be able to register electronically at the entry of the law, protected in the registry The electronic register of the Ministry of Education is necessary to create and regulate the Ministry of Science and Innovation.

Moreover, taking into account the level of provision of computer resources of the actors in the field of R & D + i, it is considered necessary, in order to speed up the resolution of the procedures, to apply Article 27.6 of the Law 11/2007, of June 22, establishing the obligation for the interested parties to communicate with the Public Administrations using only electronic means, when they are legal persons. Leaving on a preferential but voluntary basis that natural persons may or may not use electronic means of communication.

Furthermore, in order to promote and facilitate access by citizens ' electronic means to administrative procedures, the Assistant Secretary of the Department is enabled to include new procedures, procedures, and communications to which the provisions of this order will apply,

In her virtue, with the prior approval of the Minister of the Presidency, I have:

CHAPTER I

General Provisions

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 Science and Innovation (hereinafter the Electronic Register), for the reception and referral, by electronic means, of applications, writings and communications, in the form provided for in article 24 of Law 11/2007, of 22 June, of Electronic Access of Citizens to Public Services and in Royal Decree 1671/2009, of 6 November, for which the aforementioned Law is partially developed.

2. Electronic Registration will be unique for all departments of the department.

The public bodies that are dependent or attached to the Ministry are excluded from its scope of application, although they may use the Register governed by this Order, subject to the signing of an agreement with the person responsible for their management, which will be published in the Official State Gazette.

Article 2. Electronic Record Address.

The access of the data subjects to the Electronic Registry will be available through the address of the Department's Electronic Headquarters and the e-mail address www.micinn.es.

Article 3. Responsibilities and competent bodies.

1. The management of the Electronic Registry corresponds to the Secretariat of Science and Innovation, which will exercise it through the General Subdirectorate of Information and Communications Technologies.

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 aforementioned Subdirectorate General.

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 competent units of the Department or to the public bodies attached, in coordination with the General Subdirectorate General.

The resolutions of approval of these forms, regardless of the official publication that will result from them, will be disclosed through the electronic headquarters.

4. The General Secretariat for Information and Communications Technologies shall be responsible for the security of the electronic register and shall have the appropriate organizational and technical means to ensure the provision of the Royal Decree 3/2010, January 8, which regulates the National Security Scheme in the field of Electronic Administration.

5. Users assume, on an exclusive basis, 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 electronic signature, as well as the consequences that may arise from the improper, incorrect 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 4. Calendar and official date and time.

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 Gazette of the State, by the Ministry of the Presidency, for the entire territory national.

b) The official date and time, which will be the date and time of the transaction in the Electronic Registry and whose timing will be performed according to the provisions of article 15 of the Royal Decree 4/2010, of January 8, by the the National Interoperability Scheme in the field of the Electronic Administration is approved.

Interested parties may indicate their discrepancy with respect to those date and time in the act of filing the corresponding forms.

Article 5. Character of the communications through the Electronic Registry.

1. In accordance with the provisions of Article 27.6 of Law 11/2007 of 22 June 2007, as provided for in Articles 14 (4) and 32.1 of Royal Decree 1671/2009 of 6 November 2009, legal persons are required to submit applications, written and communications relating to the procedures set out in Annex I of this order, by means of the Electronic Register.

2. The submission of applications, writing and communications by means of the electronic register shall be of a preferential nature, but shall be voluntary, for natural persons, the alternative being the presentation in the places referred to in Article 38.4 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

The use of the Electronic Registry will be mandatory for the Administration in the electronic relations with the citizens in which, in accordance with the general rules, it is necessary to carry out its registration, according to Article 38 of Law 30/1992 of 26 November 1992 of the Legal Regime of Public Administrations and of the Common Administrative Procedure and provisions of development, cannot be replaced by others in non-electronic records or in the records of the managing applications of the procedures.

Article 6. 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 "File of the Electronic Registry" of the Ministry is created, whose ownership corresponds to the Sub-Secretariat for Science and Innovation, valid for the purpose of the exercise by the citizens of the rights provided for by that law.

The contents of the file are listed in Annex II to this Order.

CHAPTER II

Conditions for electronic submission of writings, requests, and communications

Article 7. Identity accreditation.

1. Applications, written and communications may be filed with the Electronic Registry by the interested parties or their representatives, 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 venues shall report on the systems of representation and authentication and signature usable for the submission of written submissions to the Electronic Registry through their management applications, with specification, if any, of the services, procedures and procedures to which they are applicable.

When the representation is not accredited or cannot be assumed, such accreditation will be required for the appropriate path.

Additionally, when the respective systems are operational, the documents may be submitted by representation, in accordance with the provisions of Article 23 of Law 11/2007 of 22 June, and Articles 13 and 14 of the Royal Decree Decree 1671/2009 of 6 November.

Article 8. Documents supported.

1. Electronic Registration shall be enabled only for the receipt and referral of written, requests and communications which are submitted by electronic means in respect of the formalities and procedures listed in Annex I to this Order or the the version that is updated at any time, in the electronic address of access, together with the corresponding standard models for each case.

Any application, written, communication or documentation submitted to the Electronic Registry not related to the procedures and procedures referred to in the previous paragraph, shall be sent to the persons, organs or units In accordance with Article 24 (2) (b) of the Law 11/2007 of 22 June 2009 on the electronic access of citizens to public services, and on the part of Royal Decree 1671/2009 of 6 November 2009, which is part of the same law.

Also, a generic form can be located that allows the submission of requests, writings and communications not associated with standard procedures.

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 the provisions laid down therein.

Article 9. Supplemental documentation.

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

(a) Electronic documents that meet the technical requirements of the "Technical Requirements for Information Technology" Chapter 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 10. 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.

The acknowledgement of receipt shall indicate that the acknowledgement does not prejudge the final admission of the document if any of the reasons for rejection contained therein are present.

Article 11. Computation of deadlines.

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, of Electronic Access to Public Services.

CHAPTER III

Technical requirements for Information Technologies

Article 12. General Conditions

The technical requirements set forth in this Chapter are considered to be related to the processing of information and communications in respect of the Electronic Registry.

A summary of the particular rules and protocols arising out of this provision shall be published at all times at the Ministry's electronic headquarters.

Article 13. Electronic Signature.

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

Article 14. Interoperability and Security.

The Electronic Register will have the appropriate organizational and technical means to ensure interoperability and safety in accordance with the provisions of Royal Decree 3/2010 of 8 January, which regulates the scheme National Security and Royal Decree 4/2010, of 8 January, for which the National Interoperability Scheme is regulated.

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 conform to the priority 1 of Standard UNE 139803:2004 from the entry into force of the royal decree.

Article 16. Technical conditions of electronic documents admitted by the Electronic Registry.

The formats of electronic documents and electronic images of documents will 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 files to be submitted in one session may be limited.

Single transient arrangement. Gradual adaptation of procedures.

All electronic procedures in Annex I of this order coming from the Ministry of Education will be gradually adapted to their functioning in the Electronic Register of the Ministry of Science and Innovation.

Single repeal provision. Regulatory repeal.

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

Final disposition first. Enable the holder of the Secretariat of the Ministry of Science and Innovation.

The holder of the Secretariat of the Department is enabled to include new procedures, procedures 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 the website of the Ministry of Science and Innovation, or in its 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 Gazette of the State.

Madrid, February 26, 2010. -Minister of Science and Innovation, Cristina Garmendia Mendizabal.

ANNEX I

Procedures included in the application scope of the electronic record

Awards, grants, grants and other grants awarded by the Ministry of Science and Innovation.

Staff management procedures.

Contribution of information by citizens and entities to record and evaluate data on their actions in the framework of the National R & D + i Plan.

Records of entities that are agents of the I + D + i National System.

Complaints and suggestions.

Generic request form.

ANNEX II

Personal Data File

File name: Electronic record of the Ministry of Science and Innovation.

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 name and identity card, NIF or passport of the person concerned.

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

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

Identifying character data: DNI, NIF or passport, First name and last name.

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

Date, time, and registration number.

Responsible Administrative Organ of the File: Subdirectorate General Information and Communications Technologies.

Administrative body to which the rights of access, rectification, cancellation and opposition may be exercised: Subdirectorate General Information and Communications Technologies.

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