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Order Apu/4083/2007, Of 28 December, That Personal Data Of The Ministry Of Public Administration Files Are Created.

Original Language Title: ORDEN APU/4083/2007, de 28 de diciembre, por la que se crean ficheros de datos de carácter personal del Ministerio de Administraciones Públicas.

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TEXT

The Organic Law 5/1992, of 29 October, of automated processing of personal data, established the regime of regulation of the automated files of personal data by the Public Administrations responsible for these. In the development of the corresponding precepts, by Order of 22 July 1994, the files of Automated Treatment of Personal Data of the Ministry of Public Administrations were regulated. It was subsequently amended by the Order of 16 July 1997. The Organic Law 5/1992, of 29 October, was repealed by the Organic Law 15/1999 of 13 December, of Protection of Personal Data and to give it compliance, the Orders of 22 July 1994 and 16 July 1997 were modified, by Order of 19 May 2000 introducing high, low and file modifications. By Order of 10 June 2004, data files of a personal nature were adapted to the provisions of the aforementioned Organic Law 15/1999 of 13 December, and the current structure of the Central and Peripheral Services of the Ministry of Public Administrations and their Public Bodies. The Ministry of Public Administration has undertaken the project of automation and integration, in a single information system, of the main human resources management procedures of the State Administration. The establishment of the functional requirements, the implementation and the subsequent global operation correspond to the Directorate General of the Civil Service, being the Directorate General of Administrative Modernization responsible for its development and technological support. Thus, this Order aims to create the personal data files of the public employees of the State Administration and third parties related to the management of human resources that will be used for the implementation of the new integrated system of personnel management. In accordance with Article 20 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, prior to the report of the Spanish Agency for Data Protection, I have:

First. Creation. -Personal data files included in the annex of this Order are created.

Second. Management and organisational measures.-The holder of the body responsible for the files created by this Order shall take the necessary management and organisational measures to ensure the confidentiality, security and integrity of the data, as well as the drivers to make effective the guarantees, obligations and rights recognized in the Organic Law 15/1999 of December 13, and in its standards of development. Third. Data transfers. -Without prejudice to the data transfers provided for in the file description contained in the Annex, the data included in the files may be transferred, within the scope of the Ministry of Public Administrations, when the the transferor and the transferee exercise the same powers. The person responsible for the files shall expressly warn the transferee of personal data of their obligation to dedicate them exclusively to the purpose for which they are transferred. Fourth. Rights of those affected. -Those affected by the files may exercise their right of access, rectification and cancellation where appropriate, before the body specified in the Annex, and in the terms provided for in Law 15/1999 of 13 December and standards for development.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they are opposed to what is established 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 Gazette of the State.

Madrid, December 28, 2007. -Minister of Public Administrations, Elena Salgado Méndez.

ANNEX I

Creating "Public Employees of the State Administration" file

1. Responsible: Directorate General of the Civil Service. 2. Type of file: Automated. 3. Purpose: Human Resources Management in the State Administration. 4. Uses: Processing of administrative procedures related to the management of human resources in the State Administration, including selection of personnel, provision of posts, management of different administrative and administrative situations functions and services provided by the human resources management units, all within the framework of the Integrated System of Personnel Management of the State Administration. 5. Persons or groups on whom it is intended to obtain data of a personal nature or which are obliged to supply them: State Administration personnel and applicants for admission to the State. 6. Personal data collection procedure: electronic forms. 7. Basic structure of the automated file and description of the personal data included in it: the information is collected in a structured database in a general block or identification, and a specific block where it is store the data associated with the professional career of the public employee. The information included in the file includes the identification of the corresponding public employee, as well as academic and professional data (including qualification, training or training received and imparted and responsibilities performed), details of the employment or service relationship with the Public Administration (including job position, dates of takeover and cessation, membership body and group/subgroup of membership), results of performance evaluation procedures or similar, administrative offences and formalities carried out in the professional field (including requests for participation in selection and provision procedures and in training activities). 8. Data transfers that are foreseen: Bodies entrusted with the management of human resources of other Departments or Public Bodies. 9. Body to which the rights of access, rectification and cancellation and opposition may be exercised, where appropriate: Directorate-General of the Civil Service. Calle María de Molina, number 50, Madrid. 10. Level security measures: Medium.

Creating "Third-Human Resources Management" file

1. Responsible: Directorate General of the Civil Service. 2. Type of file: Automated. 3. Purpose: Human Resources Management in the State Administration. 4. Uses: Processing of administrative procedures related to the management of human resources in the State Administration, including selection of personnel, provision of posts, management of different administrative situations, training and the functions and services provided by the human resources management units, all within the framework of the Integrated System of Personnel Management of the State Administration. 5. Persons or groups on whom data of a personal nature are intended to be obtained or which are required to supply such data: third parties involved or affected by the procedures for the management of the staff of the State Administration, including trainers, personnel assigned to human resources management units and authorities. 6. Personal data collection procedure: electronic or paper forms. 7. Basic structure of the automated file and description of the personal data included in it: the information is collected in a structured database in a general block or identification, and a specific block where it is they store the data associated with the staff management procedures of the State Administration in which the third party intervenes. The information included in the file includes the identification of the third party, as well as academic and professional data (including certification, training, company to which it belongs or represents), and data related to the procedures or procedures in which you have participated (including dates of completion of such formalities, nature of the procedures and characteristics of your intervention). 8. Data transfers that are foreseen: Bodies entrusted with the management of human resources of other Departments or Public Bodies. 9. Body to which the rights of access, rectification and cancellation and opposition may be exercised, where appropriate: Directorate-General of the Civil Service. Calle María de Molina, number 50, Madrid. 10. Level security measures: Basic.