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Order Ssi/881/2015, Of May 5, That Amending The Order Of 21 July 1994, Which Regulates The Files With Personal Data Managed By The Ministry Of Health And Consumption.

Original Language Title: Orden SSI/881/2015, de 5 de mayo, por la que se modifica la Orden de 21 de julio de 1994, por la que se regulan los ficheros con datos de carácter personal gestionados por el Ministerio de Sanidad y Consumo.

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TEXT

The Order of 21 July 1994, which regulates files with personal data managed by the Ministry of Health and Consumer Affairs, regulated the automated files with personal data managed by the Ministry of Health and Consumer Protection. then Ministry of Health and Consumer Affairs.

Subsequently, Article 20.1 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, provides that the creation, modification or deletion of the files of public administrations may only be possible be made by means of a general provision published in the Official Journal of the State or the official journal concerned.

Consequently, in order to comply with the provisions of this article and to complete the relationship of files with personal data managed by the Ministry of Health, Social Services and Equality, it is appropriate to amend the Order of 21 July 1994 by means of this provision in order to create a new file containing personal data entitled ' Selective Exchange of Personal Information of the Early Warning System and Quick Response ".

This file will allow the urgent and timely transmission of personal information with the objective of implementing prevention, control and/or treatment measures among the members responsible for the actions of the Early Warning and Rapid Response (SIAPR). The SIAPR was approved by the Public Health Alerts and Preparedness and Response Plans on November 8, 2012, and by the Public Health Commission on February 6, 2013, and finally reported favourably by the Council. Interterritorial of the National Health System on March 21, 2013. This system aims at the permanent and rapid communication of risk situations or events of importance in public health, with the purpose of improving the opportunity and coordination of the response when there is a risk of affectation to national or international level.

In the processing of this order, the Spanish Data Protection Agency has issued a mandatory report.

In its virtue, I have:

Article 1. Creating a file.

The contents of Annex 2 "Administrative Ficheros" of the Order of 21 July 1994, for which files are regulated with personal data managed by the Ministry of Health and Consumer Affairs, are extended, with the the creation of a new automated file called "Selective Exchange of Personal Information of the Early Warning and Rapid Response System", the data of which are listed as an annex to this order.

Article 2. Managing and organizing the file.

The head of the body responsible for this file shall, under the top management of the person holding the Ministry of Health, Social Services and Equality, adopt the necessary management and organisational measures, ensuring, in any case, the confidentiality, security and integrity of the data, as well as the conduct to make effective the guarantees, obligations and rights recognized in the Organic Law 15/1999, of December 13, of Data Protection Personal character and Royal Decree 1720/2007 of 21 December 2007 approving the Regulation of the European Parliament and of the Council development of the Organic Law 15/1999 of 13 December on the protection of personal data and other implementing rules.

Article 3. Data cession.

The data contained in this file may only be transferred in the cases expressly provided for by law.

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, May 5, 2015. -Minister of Health, Social Services and Equality, Alfonso Alonso Aranegui.

ANNEX

General Directorate of Public Health, Quality and Innovation

a) Denomination of the file: "Selective exchange of personal information of the Early Warning and Rapid Response System".

b) End of file: The purpose of the file is the urgent and timely transmission of personal information with the objective of implementing measures of prevention, control and/or treatment among the responsible members of the Early Warning and Rapid Response System (SIAPR) actions.

(c) Persons or collectives on whom data are intended to be obtained on a personal basis or which are required to supply such data: Persons exposed to a risk to their health or who may pose a risk to public health and whose personal data should be shared among the SIAPR members with the aim of implementing prevention, control and/or treatment measures.

d) Procedure for the collection of personal data: From specific forms on paper or electronic form from national and international alert or surveillance systems with the capacity to detect individual information of persons exposed to a risk to their health or who may pose a risk to public health.

e) Data transfer of personal data and/or data transfers that are provided to third countries: To the focal points of the SIAPR in the Autonomous Communities and the Carlos III Health Institute (ISCIII) and to the focal points of the European System of Early Warning and Response (EWRS) and of the International Health Regulations (IHR) of third countries to implement prevention, control and/or treatment measures, where the person exposed to a risk to their health or who may pose a risk to public health residing in its territory.

f) Authority of the Administration responsible for the file: Directorate General of Public Health, Quality and Innovation, Ministry of Health, Social Services and Equality, Paseo del Prado, 18-20 (4th floor). 28071 Madrid.

g) Services to which the right of access, rectification, cancellation and opposition may be exercised: Centre for the Coordination of Health Alerts and Emergencies, Ministry of Health, Social Services and Equality, Prado, 18-20 (4th floor), 28071 Madrid.

h) Security measures with level indication: High.

i) Basic file structure: Database.

j) Personal data included in the file:

First and last names.

National ID or passport document.

Date of birth.

Address of residence.

Phone and contact email.

Event type (biological, nuclear, chemical, or radiological) and agent to which you have been exposed.

Date of exposure.

Place of exposure.

Risk factors.

Syndrome and disease.

Diagnostic date.

Location of detection.

The symptom onset date.

Treatment and measures taken.

k) Treatment system: Automated.