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Order Pre / 108/2010 Of 25 January, Which Are Created, Modified And Deleted Computer Files Of Personal Data, Managed By The Ministry Of The Presidency.

Original Language Title: Orden PRE/108/2010, de 25 de enero, por la que se crean, modifican y suprimen ficheros automatizados de datos de carácter personal, gestionados por el Ministerio de la Presidencia.

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TEXT

Article 20 of the Organic Law 15/1999 of 13 December on the protection of personal data establishes that the creation of changes or deletion of the files of the Public Administrations may be done only by means of of general provisions published in the Official Journal of the State or in the Official Journal concerned.

The transfer of time and the emergence of new needs in the exercise of the competences of the Ministry of the Presidency and its public bodies, which are attached to it, determine the need to delete some files. declared for lack of use or substitution for others, modification of certain aspects of some declared file and creation of new files.

On the other hand, the Government's Delegations and Subdelegations and the State Administration's Insular Directorates have been incorporating video surveillance systems with video cameras. These surveillance systems are applicable to the Instruction of the Spanish Data Protection Agency, of 8 November, on the processing of personal data for surveillance purposes through systems with cameras or camcorders, published in the "Official Gazette" of the State of December 12, 2006, which establishes that these files, when they are of public ownership, are included in the forecast provided for in Article 20 of the Organic Law 15/1999, of 13 December, Protection of Personal Data.

Similarly, the Center for Sociological Research has installed a video surveillance system for the exterior security of the building that constitutes its headquarters.

Consequently, this order aims to create three files (the file "Authors and Manuscripts Evaluators (FAEMA) of the Center for Sociological Research", the file " Videosurveillance of the Center of Sociological Research "and the file" Videosurveillance of the Delegations and Subdelegations of Government and Insular Directorates of the General Administration of the State "; the deletion of two files (the" Mercury " file and the file "Providers", both of the CIS) and the modification of a file (the file " Service Communication with the "Citizens" of the Cabinet of the Presidency of the Government.

In its virtue, in use of the powers conferred by article 12 of Law 6/1997, of April 14, of the organization and functioning of the General Administration of the State, and in order to comply with the legal mandate, for ensuring maximum transparency in the automated processing of personal data, thus ensuring that citizens are entitled to the legitimate exercise of their rights, available:

Article first. Creating files

The files "Authors and Manuscripts Evaluators (FAEMA) of the Center for Sociological Research" are created, "Videosurveillance of the Center for Sociological Research" and " Videosurveillance of the Delegations and Subdelegations of the Government and Insular Directorates of the General Administration of the State, which are included in Annex I of this Order, pursuant to Article 20 of Organic Law 15/1999.

Article 2. Amendment of Annex II to Order PRE/2767/2009 of 6 October, regulating various files managed by the Ministry of the Presidency.

The file "Communication with Citizens" is amended from Annex II of Order PRE/2767/2009 of 6 October, creating an automated file of personal data and modifying various files managed by the Ministry of the Presidency, in the sense set out in Annex II of this order.

Article 3. Deleting files.

The "Suppliers" and "Mercury" files, both from the Center for Sociological Research, which are regulated by the Order of 23 November 2001, are deleted. managed by the Ministry of the Presidency and autonomous bodies attached to it.

Article 4. Responsible persons.

The persons responsible for the files shall take the necessary management and organizational measures to ensure the confidentiality, security and integrity of the data, as well as the conduct of the data. guarantees, obligations and rights recognised in the applicable rules.

Article 5. Registration of files.

In compliance with Article 55 of Royal Decree 1720/2007 of 21 December, approving the Regulation on the development of Organic Law 15/1999 of 13 December on the protection of personal data, the be notified for registration in the General Register of Data Protection within thirty days of the publication of this order in the "Official State Gazette".

Single repeal provision.

Any provisions of equal or lower rank are repealed as set forth in this order.

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, 25 January 2010. -First Vice-President of the Government and Minister of the Presidency, Maria Teresa Fernández de la Vega Sanz.

ANNEX I

Center for Sociological Research. Department for Publications and Development of Research

Authors and Manuscript Evaluators (FAEMA)

1. Purpose of the file and intended uses for the file: Registration and control of the authors and evaluators of manuscripts received at the Center of Sociological Research for publication.

2. Persons and groups affected: Natural persons who request the publication of a manuscript of which they are authors to the Center for Sociological Research and specialists who are contacted to value and issue reports on the quality of the proposals and the appropriateness of their publication.

3. Data Collection Procedure: Authors who submit a manuscript requesting their publication to the Center for Sociological Research must provide their personal contact details. Specialist evaluators who agree to collaborate with the Centre for Sociological Research should complete a form with their personal contact details and academic specialties.

4. Basic file structure: Relational database.

5. Description of the types of personal data included in it: Name, name, position, postal address, e-mail address and, in the case of the evaluators, branches of the Social Sciences in which it is considered specialist, according to the UNESCO classification of subjects.

6. Data disposals: None.

7. Responsible for the file: Center for Sociological Research. Department of Publications and Development of Research.

8. Unit to which the rights of access, rectification, cancellation and opposition can be exercised: Department of Publications and Promotion of Research. Center of Sociological Research. Calle Montalban, 8, 28014, Madrid.

9. Treatment system: Automated.

10. Security level: Basic level.

Center for Sociological Research. General Secretariat

Videosurveillance

1. Purpose of the file and intended uses for the file: Recording and processing of images for the external security of persons accessing the headquarters of the Center for Sociological Research (Calle Montalban, number 8, 28014 Madrid). The intended use is the performance of security and surveillance tasks.

2. Persons and groups affected: Natural persons who access or transit through the building of the Center for Sociological Research.

3. Data collection procedure: Recorded data is collected by video surveillance cameras by capturing images.

4. Basic file structure: Image file.

5. Types of personal data included in the same: moving images of people.

6. Data disposals: Forces and State Security Corps.

7. Responsible for the file: General Secretariat of the Center for Sociological Research.

8. Unit to which the rights of access, rectification, cancellation and opposition can be exercised: General Secretariat of the Center for Sociological Research.

9. Treatment system: Automated.

10. Security level: Basic level.

Government Delegations and Subdelegations and Insular Addresses

from the General Administration of the State

Videosurveillance

1. Purpose of the file and intended uses for the file: Videosurveillance of the buildings and integrated services of the Delegations and Subdelegations of the Government and Insular Directorates of the General Administration of the State. In order to preserve the security of the buildings and integrated services of the Delegations and Subdelegations of the Government and the Insular Directorates of the General Administration of the State, access to these buildings must be controlled, as how to monitor the perimeter of the facilities.

2. Persons and groups affected: Natural persons who access the aforementioned premises or who transit through places or spaces where the camcorders are installed, immediate perimeter to the buildings.

3. Data collection procedure: Recorded data is collected by video cameras by capturing images.

4. Basic file structure: Image file.

5. Types of personal data included in it: Fixed and moving images of people.

6. Data disposals: State Security Forces and Bodies and Judicial Bodies.

7. Responsible for the file: Government Delegates, Government Subdelegates and Insular Directors of the General Administration of the State.

8. Unit before which the rights of access, rectification, cancellation and opposition can be exercised: General Secretaries of the Government Delegations and Subdelegations, and of the Insular Directorates of the General Administration of the State.

9. Treatment system: Automated.

10. Security level: Basic level.

ANNEX II

Cabinet of the Presidency of the Government

Communication with citizens

1. Purpose of the file and intended uses for the file: Communication management with citizens. Creating, querying, modifying, and historical data.

2. Persons or groups on whom data of a personal nature are intended or required to be supplied: Any citizen who directs a communication to the Presidency of the Government.

3. Procedure for the collection of personal data: The data are communicated by the citizens to the Presidency of the Government.

4. Basic file structure: Multitable relational database.

5. Description of the types of personal data included in the data type: Any type of personal, professional, employment, economic and other data contained in the communications.

6. Transfers of personal data: The organs of the General Administration of the State, as well as those of any other Public Administration that may have assigned powers related to the object of the writings of the citizens with the exclusive purpose of properly caring for them.

7. Bodies responsible for the file: Subdirectorate-General for Communication with Citizens. Cabinet of the Presidency of the Government.

8. Services or units to which the rights of access, rectification, cancellation or opposition can be exercised: Subdirección General de Comunicación con los Ciudadanos, building "Semillas", Complex de la Moncloa, Avenida Puerta de Hierro, s/n, 28071 Madrid.

9. Security measures: High level.

10. Treatment system: Mixed.