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Order Itc/3030/2009, Of 3 November, Which Regulates The Spanish Institute Of Foreign Trade Personal Data Files.

Original Language Title: Orden ITC/3030/2009, de 3 de noviembre, por la que se regulan los ficheros de datos de carácter personal del Instituto Español de Comercio Exterior.

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TEXT

Organic Law 15/1999 of 13 December on the Protection of Personal Data and its Implementing Regulation adopted by Royal Decree 1720/2007 of 21 December establishing that the creation, modification or abolition of the the files of public ownership can only be made by means of general arrangement or agreement published in the "Official State Gazette" or corresponding official journal. Article 53 of the Regulation on the development of Organic Law 15/1999 of 13 December on the protection of personal data, in particular where the provision relates to organs of the General Administration of the State or to institutions or bodies bodies linked to or dependent on it, shall take the form of a ministerial order or a resolution of the holder of the relevant entity or body.

The Spanish Foreign Trade Institute has been publishing the list of personal data files created, modified and deleted by the Order of 26 July 1994, on the creation and use of personal data of the Ministry of Commerce and Tourism, Order ECO/143/2002 of 10 January, regulating the automated files of personal data of the central organization and of certain public bodies of the Ministry of Economic Affairs, and the ITC/1977/2006 Order of 15 June, determining the automated files with personal data from the Ministry of Industry, Tourism and Trade and public bodies attached to or dependent on it.

The last update of the files of the Spanish Institute of Foreign Trade by the Order ITC/1977/2006, of June 15, by this new order updates the relation of files of personal data that they need to be created, modified or deleted in accordance with the new regulation of the development of the Organic Law 15/1999, of December 13, Protection of personal data. In addition, the standard adopted serves to adapt them to the needs of the normal development of the daily management of this Institute, which has been characterized in recent years, by a greater use of information technologies.

In its virtue, I have:

First. The purpose of this order is the creation, modification and deletion of the files owned by the Spanish Foreign Trade Institute.

Second. Creation of files.-The personal data files listed in Annex I are created.

Third. Modification of files.-The personal data files listed in Annex II are modified.

Fourth. Deletion of files-Personal data files, as set out in Annex III, are deleted.

Fifth. Security measures.-The automated or non-automated files which are created or modified by this order comply with the security measures set out in Royal Decree 1720/2007 of 21 December, approving the development of the Organic Law 15/1999 of 13 December on the protection of personal data.

Single repeal provision. Regulatory repeal.

Any provisions of equal or lower rank are repealed to be opposed to the provisions 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, 3 November 2009. -Minister for Industry, Tourism and Trade, Miguel Sebastian Gascón.

ANNEX I

Creating files

1. File: Legal Advice

Body responsible for the file: Instituto Español de Comercio Exterior (ICEX).

Organ, service or unit before which the rights of access, cancellation, rectification and opposition shall be exercised: Spanish Institute of Foreign Trade (ICEX), Department of Legal Counsel.

Name, file description, and intended uses:

Name: Legal Advice.

Description: Managing Legal Counsel files.

Expected uses: Contract management, notarial powers, legal queries, claims, and other Legal Counsel files.

Source and provenance of data:

Source: The interested party or its legal representative, public records.

Groups or categories of stakeholders: People with whom the ICEX maintains a business relationship: For example: Legal representatives, public office, grantees, suppliers, beneficiaries of services and assistance from ICEX.

Data Collection Procedure: The data subject itself.

Data type, structure, and organization of the file:

Data type and file structure: ID-ID data-NIF, first and last name, address, phone, email.

Treatment system: Mixed.

Security measures: Basic level.

Transfer or communication of data:

Notaries, attorneys, and attorneys.

Judicial organs.

Legal Service of State Advocacy.

Court of Auditors.

General Intervention of the State Administration (IGAE).

International Transfers: Not scheduled.

2. File: WEB Users

Body responsible for the file: Instituto Español de Comercio Exterior (ICEX).

Authority, service or unit to which the rights of access, cancellation, rectification and opposition shall be exercised: Spanish Institute of Foreign Trade (ICEX).

Name, file description, and intended uses:

Name: Web Users.

Description: Managing registered users on the various ICEX web pages.

Expected uses: Sending out newsletters or providing other services in demand through the ICEX web pages.

Source and provenance of data:

Source: The self-interested.

Groups or categories of stakeholders: Users Web pages ICEX.

Data Collection Procedure: Forms.

Data type, structure, and organization of the file:

Data type and file structure: Identificative character data-Name, address, telephone, fax, e-mail, company or company, sector.

Treatment system: Automated.

Security measures: Basic-level security measures.

Transfer or communication of data: Not intended.

International Transfers: Not scheduled.

3. File: Videosurveillance

Body responsible for the file: Instituto Español de Comercio Exterior (ICEX).

Authority, service or unit to which the rights of access, cancellation, rectification and opposition must be exercised: Spanish Institute of Foreign Trade (ICEX). Dpto. General Services.

Name, file description, and intended uses:

Name: Videosurveillance.

Description: Control of installations through video surveillance cameras.

Expected uses: Captation and recording of images for the control, security and protection of people and the building.

Source and provenance of data:

Source: The self-interested.

Groups or categories of stakeholders: Workers, trainees, suppliers, customers and people in general who access the buildings of the ICEX or its external perimeters.

Data Collection Procedure: Recordings made by camcorders.

Data type, structure, and organization of the file:

Data type and file structure: Identificative character data, specifically the image of people.

Treatment system: Automated.

Security measures: Basic-level security measures.

Transfer or communication of data: In principle, no disposals are foreseen. However, given the nature and purpose of this file, it is possible for the data to be transferred to the Security Forces and Corps for the prosecution, if any, of the criminal offences that may have been committed. This communication would be covered by Article 22.2 of the Organic Law 15/1999 of 13 December.

International Transfers: Not scheduled.

4. File: ICEX Aids

Body responsible for the file: Instituto Español de Comercio Exterior (ICEX).

Authority, service or unit to which the rights of access, cancellation, rectification and opposition shall be exercised: Spanish Institute of Foreign Trade (ICEX).

Name, file description, and intended uses:

Name: ICEX Aids.

Description: ICEX Aids.

Expected uses: Manage the data of the help program applicants offered by ICEX.

Source and provenance of data:

Source: The interested party or its legal representative.

Collectives or categories of stakeholders: Legal representatives, contact persons, applicants and recipients of ICEX aid.

Data Collection Procedure: Using forms or questionnaires.

Data type, structure, and organization of the file:

Data type and file structure: Identificative character data: Name and surname, company position, NIF, address, telephone, fax and professional email.

Treatment system: Mixed.

Security measures: Basic-level security measures.

Transfer or communication of data: Not intended.

International Transfers: Not scheduled.

5. File: Authors

Body responsible for the file: Instituto Español de Comercio Exterior (ICEX).

Authority, service or unit to which the rights of access, cancellation, rectification and opposition must be exercised: Spanish Institute of Foreign Trade (ICEX). Dpto. of ICEX Cultural Industries.

Name, file description, and intended uses:

Name: Authors.

Description: Managing the Copyright Sale Plan through wwww.newspanishbooks.com.

Expected uses: Managing the "Copyright Sale Plan" through wwww.newspanishbooks.com.

Source and provenance of data:

Source: The interested party or its editors and/or literary agents.

Groups or categories of stakeholders: Authors.

Data Collection Procedure: Through forms.

Data type, structure, and organization of the file:

Data type and file structure: Identificative character data: Name and surnames, author's website, image. Other type of data: Biography of the author, prizes received, published books.

Treatment system: mixed.

Security measures: Basic-level security measures.

Transfer or communication of data:

Federation of Greyms and Publishers of Spain (FGEE).

Economic and Commercial Offices of Spain abroad.

Editors, booksellers, translators, journalists.

International Data Transfer: Publishers, booksellers, translators and foreign journalists who compose the different panels. Currently, it is only planned to develop this Plan in Germany, France and the UK.

ANNEX II

Modifying files

Relation of personal data files that are modified

Ficheros-Spanish Foreign Trade Institute

10. SAP R/3 Debtors.

11. Query Manager.

14. Corporate Database.

Proposed Amendments

1. Lecturers in the Virtual Classroom.

Data Type: Include Curriculum vitae.
Mixed treatment system

2. ICEX Fellows.

Treatment System: Mixed.
Change Treatment Managers: Informatics The English Court, Tea Cegos, Human.
Remove in International Transfers: External Network of Economic and Commercial Offices of Spain

3. Fairs.

Treatment system: Mixed.
Remove in International Transfers: External Network of Economic and Commercial Offices of Spain

. Congress attendees and annual trade fairs exports.

Treatment system: Mixed.
Treatment Managers: Add Informatics The English Court.

5. Business Opportunities.

Treatment System: Mixed.
Treatment Managers: Indra/Atos Origin.

6. ICEX Management Board.

Mixed Treatment System

7. Pipe.

Mixed treatment system.
Treatment Managers: Informatics The English Court, Futuver.

8. ICEX Reviews Subscribers.

Mixed Treatment System.
Treatment Managers: Informatics The English Court

. SAP R/3 Creditors.

Mixed Treatment System.
Treatment managers: Sopraprofit, Aditel.
Disposals: State Tax Administration Agency

Mixed Treatment System.
Treatment managers: Sopraprofit, Aditel.
Disposals: State Tax Administration Agency

Mixed Treatment System.
Treatment Managers: Atos Origin.

. Communication New Publishing.

Mixed Treatment System.
Treatment Managers: Aja.

13. Learning to Export.

Mixed treatment system.
Treatment Managers: Informatics El Corte Inglés, Futuver.
Disposals: State Tax Administration Agency

Mixed Treatment System.
Treatment managers: Vass.
International Transfer to Ofecomes: Elimina.r

15. Staff and Payroll Management.

File Manager: Correct CIF: 2891001F.
Place where the Rights of opposition, access, rectification and cancellation of data are exercised: Subdirection of Human Resources of the ICEX. Pº de la Castellana 14, 28046, Madrid.
Identification and purpose of the file: Modify Description of the purpose: Management of the files of the employees of the ICEX, management of the payroll and Social Security, management of the pension plan, individual and collective insurance the workforce, medical service and occupational risk prevention.
Data types, structure and organization of the file:
Data specially protected: Trade union membership.
Other data specially protected: health
Identifying character data: DNI/NIF.
SS/Mutuality number, first and last name, address, telephone, image/voice, other data: Personal registration number.
Other types of data: Data of personal characteristics, economic, financial and insurance data, details of employment details, academic and professional data, data of social circumstances.
Treatment system: Mixed.
Transfer of Data: Ministry of Industry, Tourism and Commerce, Finance, Public Administrations, Court of Auditors, IGAE, INEM, Courts and Courts of Justice, CECIR, Trade Unions, Social Security, Medical Insurance Companies, Mutuals, Banks, Management Entity of the Pension Plan AGE, Commission Control of the Pension Plan, Enterprise Committee

16. Access control.

Treatment System: Automated.
Treatment Officer: VINSA.

ANNEX III

Deleting files

Relation of personal data files that are deleted

Ficheros-Spanish Foreign Trade Institute

Motives/Information

1. Institutional Contacts.

The data contained therein are included in the assumptions set out in Article 2.2 of the Implementing Regulation of Organic Law 15/1999 of December 13, of Personal Data Protection.

2. The Digital Exporter.

You will be subsumed in the "Web Users" file that will be released

3. Subscribers newsletter emarketservices.

You will be subsumed in the "Web Users" file that will be released.

4. Spaingourmetour.

You will be subsumed in the "Web Users" file that will be released.

5. Newsletter subscribers www.fashionfromspain.com.

You will be subsumed in the file "Web Users" that will be released.

6. Web subscribers wines from Spain.

It will be subsumed in the file "Web Users" that will be discharged.