Advanced Search

Order Eha / 761/2008, Of 5 March, Approving The Eha / 4054/2006 Order Of 27 December, That The Data Files Of Existing Personal Data Are Governed By Ministerior Of Economy And Finance Amending And Certain Agencies P ...

Original Language Title: ORDEN EHA/761/2008, de 5 de marzo, por la que se modifica la orden EHA/4054/2006, de 27 de diciembre, por la que se regulan los ficheros de datos de carácter personal existentes en el Ministerior de Economía y Hacienda y en determinados organismos p...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Article 20.1 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data establishes that the creation, modification or deletion of data files of a personal character of the Administrations Public only may be made by means of a general provision published in the "Official Gazette of the State" or corresponding official journal. On December 12, 2006, the "Official State Gazette" was published on November 8 of the Spanish Data Protection Agency, on the processing of personal data for surveillance purposes through systems. with cameras or camcorders, in which it is established that these files, when they are of public ownership, are included in the forecast established in Article 20 of the Organic Law 15/1999, of 13 December, of Protection of Data of Character Personal. By Order EHA/4054/2006, of December 27, the files of personal data existing in the Ministry of Economy and Finance and in certain public bodies attached to it are regulated, in which no files were included of video surveillance since the elaboration of this provision predates the publication of the Instruction 1/2006, dated November 8. In accordance with the above, this Order amends Order EHA/4054/2006, of 27 December, in order to include in its Annex I the video surveillance files existing in the Ministry of Economy and Finance. In addition, certain modifications are carried out in Order EHA/4054/2006 of 27 December 2006. It is worth noting, firstly, the incorporation into Annex I of Order EHA/4054/2006 of 27 December 2006 of new files of the responsibility of the General Secretariat for Budgets and Expenditure, of the National Statistics Institute, of the Institute of Official credit, from the General Directorate of the State Heritage and the National Competition Commission. Amendments to the data relating to certain files included in Annex I to Order EHA/4054/2006 of 27 December 2006 are also introduced in the terms set out in Annex B to this order. Among these changes, first of all, the changes that affect the change of denomination of some of them, as well, the "Automated file of the passive subjects of the Accounting Information System (SIC ' 2)", of the General Intervention of the State administration, becomes known as "Non-tax revenue"; the "Automated file of implementing bodies" of the General Directorate of Community Funds, is called only "Executing organs"; and the " Automated file of investments, transactions and inspection of capital movements " of the liability of the Directorate-General of the Treasury and Financial Policy receives as a new name the following: " File laundering, foreign transactions, sanctions end. internac. ' The necessary amendments are also made to the files of the Court of Defence of Competition and the Directorate-General for the Defence of Competition as a result of the creation of the National Competition Commission. The Court of Defense of the Competition and the Service of Defense of the Competition, in accordance with the provisions of Law 15/2007, of July 3, of Defense of the Competition, and of the Directorate General of Defense of the Competition, According to the provisions of Royal Decree 1407/2007 of 29 October 2007 amending the Royal Decree 1552/2004, of 25 June, for which the basic organic structure of the Ministry of Economy and Finance is developed. In the "Automated file of sales network" of the responsibility of the entity Lotteries and Gambling of the State is removed from the section "Data transfer" to the company Technical Systems of State Lotteries (STL), to understand that the functions developed by STL correspond to those established for the processor. Other modifications affect the level of security measures of certain files or the address where the unit is located at which the rights of access, rectification, cancellation and opposition can be exercised. In addition, this order also provides for the deletion of certain files which appear on the General Register of Data Protection but are not included in Annex I of Order EHA/4054/2006 of 27 December 2006. between the existing files in the Ministry of Economy and Finance, which is why, since its continuity is not considered necessary, they are the subject of deletion by incorporation into Annex II of Order EHA/4054/2006 of 27 December 2006. Personal data files of the Ministry of Economy and Finance and of certain bodies In accordance with the provisions of Article 20 of the Law 15/1999 of 13 December on the Protection of Personal Data. The deletion of the "Automated Incident File" of the General Directorate of the Treasury and Financial Policy is also considered appropriate, as it is part of the "Automated file of Third Party Information System (SIC2)", also of the responsibility of the Directorate General of the Treasury and Financial Policy. Similarly, the "Automated file of mutilated clinical records" of the responsibility of the General Directorate of Personnel and Public Pensions Costs for their lack of use, even at the level of consultation, is deleted. Finally, the integration of the Court of Defence of Competition and the Defence of Competition in the National Competition Commission, and the abolition of the Directorate-General for the Defence of Competition, makes it necessary to abolish it, in turn, of the following files of this last management organ: the "Automated file of Personnel Management", being part of the "Automated file of the CNC Personnel Management", and the "Automated file management file" to the be part of the "CNC case management file". This order has been submitted to the previous report of the Spanish Data Protection Agency, and is issued under Article 20 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data. For all this, I have:

Article 1. Amendment of Order EHA/4054/2006, of 27 December, regulating the files of personal data existing in the Ministry of Economy and Finance and in certain public bodies attached to it.

1. The list of personal data files contained in Order EHA/4054/2006 of 27 December 2006, which regulates the files of personal data in the Ministry of Economy and Finance and in the Ministry of Finance, is extended. certain public bodies attached to it by incorporating into Annex I the files listed in Annex A to this order.

2. The files set out in Annex I to Order EHA/4054/2006 of 27 December 2006, as set out in Annex B to this order, are amended in accordance with the terms set out in that Annex.

Article 2. Deleting files.

1. The personal data files set out in Annex C to this order shall be deleted by their incorporation into Annex II to Order EHA/4054/2006 of 27 December 2006.

2. The "Automated Incident File" of the Directorate General of the Treasury and Financial Policy, set out in Annex I of Order EHA/4054/2006, of December 27, is deleted, since this file must be considered as part of the "File". automated third party of the Accounting Information System (SIC2) ". 3. The 'Automated file of mutilated clinical records' of the Directorate-General for Personnel and Public Pensions Costs, set out in Annex I to Order EHA/4054/2006 of 27 December 2006, is deleted. 4. The following files of the Directorate-General for Defense of Competition, listed in Annex I of Order EHA/4054/2006, of 27 December 2006: "Automated file of Personnel Management", are deleted, as this file must be considered as part of the "Automated Staff Management File of the CNC"; and the "Automated file management file", since this file should be considered as part of the "Management file of the CNC files". 5. Except in cases where it is indicated that the deletion of a file is due to the fact that the file itself must be considered as a product or part of another and not as an independent file, the files which are the object of deletion in paragraphs 1 to 4, both This article shall be deleted and its copies of security shall be destroyed in accordance with the provisions of Article 20.3 of Organic Law 15/1999 of 13 December.

Single end disposition. 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, March 5, 2008. -Deputy Prime Minister of the Government and Minister of Economy and Finance, Pedro Solbes Mira.

Here are several images in the original. See the PDF document for this disposition.

ANNEX C Relation of data of personal data of the Ministry of Economy and Finance and of certain public bodies attached to it that are deleted by incorporation into Annex II of the Order EHA/4054/2006 of 27 December 2006 regulating the personal files existing in the Ministry of Economy and Finance and in certain public bodies attached to it

The following files are deleted:

ERYCA IGAE file (budget computing). (General Intervention of the State Administration. Budgetary information services).

CONDEF (Directorate General of Personnel Costs and Public Pensions) automated file *. (This file is deleted because it is considered a product of the ISLA Automated File). Automated file by CLAMUT (General Directorate of Personnel Costs and Public Pensions) *. (This file is deleted because it is considered a product of the OLAS Automated File. Automated file Q+ (General Directorate of Personnel Costs and Public Pensions) * (This file is deleted because it is considered a product of the Automated File of OLAS). Staff File (Directorate-General for Budgets). File of Contributors (Directorate-General for Budgets). File Internal Register (Directorate-General for Territorial Financing). File of implementing organs (Subdirectorate General of Administration of the European Regional Development Fund) .* (The data in this file has become part of the file that appears with the same name in Annex I of the Order EHA/4054/2006 of 27 December 2006 and the responsibility of

Directorate-General for Community Funds