Article 20 of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, states that the creation, modification and deletion of the files of the Public Administrations may be made only by general provision published in the Official Journal of the State or Official Journal. The Spanish Constitution states in its article 104.1 that: "The security forces and bodies, under the government's dependence, will have as their mission to protect the free exercise of rights and freedoms and to guarantee citizen security." In the development of the aforementioned constitutional precept, the Organic Law 2/1986, of 13 March, of Forces and Security Corps, concretely these functions in Articles 11 and 12. For its part, Article 23.3 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, attributes to the Delegates of the Government in the Autonomous Communities the function of protecting the free exercise of the rights and freedoms and guarantee citizen security, through the Subdelegates of the Government and the State Security Forces and Corps, whose leadership will be the responsibility of the Government Delegate, who will exercise the powers of the State in this subject, under the functional dependence of the Ministry of the Interior. Article 31 of Organic Law 1/2004, of 28 December, of measures of comprehensive protection against gender-based violence, expressly attributes to the Security Forces and Forces the control of the enforcement of protective measures against women. victims adopted by the judicial bodies. The same Article 31 lays down the obligation for all police bodies to act in accordance with the provisions of the " Protocol on the Action of the Forces and the Security and Coordination Bodies with the Judicial Bodies for the Protection of Victims of Domestic and Gender Violence. " This Protocol-which was approved by the National Commission for the Implementation of the Courts of Violence on Women and by the National Commission for the Coordination of the Judicial Police, on 8 and 28 June 2005, respectively-provides that Law enforcement officers must carry out an assessment of the objective risk that is present at each moment and take the protective measures corresponding to that assessment:

(a) from the moment they have knowledge of facts that may be the constitutive of criminal offence in the field of domestic and gender violence, and

(b) after receipt of the communication of the judgment in which a protection measure is adopted.

Finally, article 32.2 of the aforementioned law establishes the duty of the public authorities to articulate action protocols that ensure a comprehensive and comprehensive performance of the different administrations and services involved in the prevention, assistance and prosecution of acts of gender-based violence.

The seriousness and persistence of the violations committed in the family sphere, and more specifically in the case of gender-based violence, makes it necessary to deepen the protection measures for the victims, through a coordinated by the institutions obliged to protect them, in order to prevent and avoid risks of further aggression. To this end, it is essential to have a register with the information to enable an individual monitoring of the circumstances of these victims and of the evolution of the risk they are encountered, in order to implement the adequate protection for your risk situation at any time. One of the factors that most significantly affect the aggravation of this objective risk is, precisely, the variation of the penitentiary situation of the authors of this type of criminal act, when it involves the granting of permits or the (conditional or final) release of the inmates who are subject to a judicial removal or prohibition of communication with the victim, and it is therefore necessary to have the information provided in this respect by the Directorate-General for Prison Institutions. Article 27 of Royal Decree 515/2005 of 6 May laying down the conditions for the execution of the penalties for work for the benefit of the community and for the permanent location of certain security measures, as well as the suspension of the execution of the custodial sentences-in accordance with the provisions of article 32.2 of the Organic Law 1/2004, of December 28-, states that: " In cases where any of the penalties or measures provided for in this Royal Decree, be imposed by facts related to gender-based violence, in order to guarantee the protection of the victims, the prison social services will coordinate their actions with the Forces and the Security Corps, the Offices of Assistance to the Victims and the Special Delegation of the Government against the Violence on Women ". In line with the stated need to improve the effectiveness in the protection of victims and in the development of Articles 31 and 32.2 of Organic Law 1/2004 of 28 December 2006, the Council of Ministers of 15 December 2006 approved the "Plan of Action". National of Awareness and Prevention of Gender Violence "and a" Catalogue of urgent measures in the fight against gender-based violence ". The measures adopted include the creation of a new police database to improve the effectiveness of monitoring the circumstances in each of the victims and the aim of which is to have permanent constancy of their the situation to prevent further aggression and the creation of the Government of Violence against Women in the Delegations and Submissions of the Government, in order to coordinate all the information and resources available to protect women in risk situation and make it possible to monitor it individually. The Violence against Women Units, which are attached to the Government's Delegations and Submissions-in its role as the head of the State Security Corps in its territorial scope-are an important element in this protection. Therefore, in order to comply with the legal mandate of Article 20 of the aforementioned Organic Law 15/1999 of 13 December, with the favourable report of the Spanish Data Protection Agency, and in order to adapt the Personal data protection of the data contained therein, available:

Single point.

The personal data file "Domestic and Gender Violence", described in the annex to this Order, is created in the Ministry of the Interior.

Single end disposition.

This Order shall enter into force on the day following its publication in the Official Gazette of the State.

Madrid, June 26, 2007.-Interior Minister Alfredo Perez Rubalcaba.

ANNEX File name: Domestic and gender violence

Purpose of the file: To improve the effectiveness of the protection of victims of domestic and gender violence; to facilitate the monitoring of the circumstances of risk involved in them; to alert them of their evolution, allowing appropriate protective measures are taken; and the risk of further aggression is to be prevented. Intended uses: Protection of victims; prevention of criminal offences related to domestic and gender-based violence and treatment of offenders. It will also continue as a complementary aspect of statistics and assistance. Persons or collectives, on which it is intended to obtain data of a personal nature, or which are obliged to supply them: Persons who are victims of facts likely to be classified as Domestic and Gender Violence and persons They are engaged in judicial proceedings and police investigations for acts related to domestic and gender-based violence. Basic file structure and description of personal data types, including:

Data relating to the commission of criminal offences related to domestic and gender violence: Infractions and criminal records of the alleged perpetrators and prison situation of the alleged perpetrators, relating to the granting of permits or the release (conditional or final) of the inmates who are subject to judicial measures of removal or prohibition of communication with the victim. As well as all those who are sentenced to different sentences or alternative measures to prison admission.

Identifying data: DNI/NIF/pasadreu/, as well as other documents of identity, photography, addresses, telephones and e-mail. Personal characteristics data: Family, date and place of birth, sex, nationality, employment status, profession, educational level and marital status. Procedure for the collection of personal data: The State Security Forces and Corps and the Directorate General of Penitentiary Institutions-both of which are assigned to the Secretariat of State of Security-will be the only ones competent to to enter and modify the data.

The data will come from the complaints filed with the Security Forces and Corps, the police officers, and the resolutions handed down by the judicial and prison authorities.

Conservation and Cancellation of Data: In accordance with the provisions of Article 22.4 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, data shall be cancelled when:

The filed complaints are filed.

End the validity of the judicial protection measure (whether it is a precautionary measure or compliance with conviction, in the Prison Center or in an Alternative Measure).

Access to personal database information:

1. Access to the information contained in the database will be limited to the following subjects and purposes: (a) The judicial bodies of the criminal order and the courts of violence on women may have access to the information they need for the processing of criminal cases, as well as for the adoption, modification, implementation and monitoring of measures for the protection of such victims, through the appropriate judicial secretary or an official assigned to the judicial office by the designated.

(b) The Ministry of Public Prosecutor's Office will be able to access precise information for the processing of criminal cases, as well as for the adoption, modification, implementation and monitoring of the protection measures of these victims, through the tax on tax purposes of the competent courts. c) Judicial police and police units specialized in gender-based violence will be able to access the information necessary for the development of the actions entrusted to them in connection with the pursuit and follow-up of the conduct of the conduct that they have access to this database and for the control and enforcement of the protection measures for the victims, through the authorised officials who perform these functions. (d) The Directorate-General of Penitentiary Institutions, through the Directors of the Penitentiary Centres or the Social Integration Centres, may access information relating to the breach of the sentence, security measures or precautionary measures that occur during prison permits or during the probation situation of inmates who are subject to judicial measures to remove or prohibit communication with the victim of violence domestic or gender. As well as the facts in which the sentenced persons may be involved in alternative measures such as Work in the Community Benefit, Custodial Or Non-Freedom Measures, Suspensions of Conviction, Subpositions of Condemnation and Permanent Location. (e) Government delegations and sub-delegations may access the information necessary to ensure that the protection measures, provisional or final, adopted by the courts, through the responsible for the unit of protection for victims of domestic or gender-based violence or, where appropriate, through the persons designated by that person.

2. Access to the data from the Central Register shall be carried out by means of identification and authentication procedures. The access system must be aware of the identity of the users who access, the data consulted, the moment of access and the reason for the consultation. Administrative organ responsible for the file: Ministry of the Interior-Secretariat of State of Security, street Amador de los Ríos, 2, 28071 Madrid.

Administrative body to which the rights of access, rectification, cancellation and opposition may be exercised: Ministry of the Interior-Secretariat of State of Security, street Amador de los Ríos, 2, 28071 Madrid. Security measures, with indication of the basic, medium or high level, required: High.