The additional sixteenth provision of the Organic Law 19/2003 of 23 December, amending the Law of the Judicial Power of 1 July 1985, adds a new additional provision, second to Law 50/1981, of December 30, for which the Organic Statute of the Fiscal Ministry is regulated.

The new additional provision provides that the Prosecutor's Office will have an information system and a fully integrated electronic communications network, through which it is intended to secure its Article 124 of the Spanish Constitution. This information system and the integrated network of electronic communications are defined and managed by the State Attorney General, corresponding to the Ministry of Justice to give administrative and technological support in the territory that this within its territorial jurisdiction, since in the autonomous communities in which the jurisdiction has been transferred in the field of justice, it is up to them to participate together with the Ministry in the provision of the Fiscal Ministry.

Likewise, the additional provision second creates the National Commission of Computer and Electronic Communications of the Fiscal Ministry, which will be responsible, under the chairmanship of the State Attorney General, to dictate the instructions and criteria for compliance with all tax authorities on the implementation, use, management and operation of computer systems and electronic communications.

In the development of this legal forecast, this royal decree establishes a series of norms that define the technical characteristics and the use of the information systems provided, and comply with the legal mandate to give a letter of nature to the National Commission on Computer Science and Electronic Communications of the Fiscal Ministry.

This royal decree has been informed by the Attorney General of the State, heard by the Fiscal Council.

In its virtue, on the proposal of the Minister of Justice, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on 3 February 2006,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Purpose and object.

1. This royal decree aims to establish a uniform framework that effectively ensures the unit of action of the Fiscal Ministry, established in Article 124 of the Spanish Constitution, through computer and telematic means for the most effective compliance with its statutory functions.

Likewise, this royal decree is intended to set up a system of information of the Prosecutor's Office, as well as to define the requirements to be met by the procedural management systems used by the Prosecutor's Office. determine the basic elements of compatibility of the different computer systems developed for tax purposes by the competent authorities.

2. To the above effects, it constitutes the object of this royal decree:

a) Create an integrated network of electronic communications of the Fiscal Ministry to guarantee a system of identification and unique codification of the procedures and actions in which the Prosecutor's Office intervenes, a base of centralised data of such procedures, the telematic access of the tax authorities to the registers, databases, information systems and computer applications of a national nature managed by the Ministry of Justice, and the connection Permanent telematics of the Office of the Prosecutor General of the State and the other central organs of the Tax Ministry with all the procuratorates, and among them.

b) Determine the structure, composition, and functions of the National Commission on Computer Science and Electronic Communications of the Fiscal Ministry.

3. The definition and management of the Information System of the Fiscal Ministry and of the Electronic Communications Network is the responsibility of the competent authorities of the State Attorney General, to which the Ministry of Justice will facilitate the support necessary administrative and technological.

The autonomous communities that have received the transfer of media provision to the service of the Administration of Justice may develop the systems of procedural management in the terms provided for in paragraph 1 and participate together with the Ministry of Justice in the allocation of the IT equipment of the Fiscal Ministry in their respective territorial scope.

CHAPTER II

The Information System of the Fiscal Ministry

Article 2. The information system of the Fiscal Ministry. The systems of procedural management.

1. The information system of the Fiscal Ministry is a centralized database that interconnects the different telematic systems made available to the prosecutors through an integrated network of electronic communications.

2. The information system of the Fiscal Ministry is made up of:

(a) Procedural management systems developed for the different procuratorates by the competent administrations.

b) Single and centralized information system of the State Attorney General's Office.

3. The system of procedural management means the set of computer applications designed to organise information on all or a given class of procedures, proceedings and files known to the Member State in the various procuratorates. Fiscal Ministry, facilitating its processing and the uniform performance of the Public Ministry.

4. The territorial scope of coverage of the same system of procedural management shall be at least that of a prosecution. The objective area of management of each system must be to understand all the activity of the Fiscal Ministry.

5. Each procedural management system of the public prosecutor's office, implemented or in the implementation phase by the competent public administration in its respective field, shall include at least the following functionalities:

(a) Registration of cases: the system should permit the recording and updating of the data of the cases and files, with their respective interveners, respecting the specific characteristics for each jurisdiction and instance.

b) Management of the processing: the system must make it possible to record the procedural events of the files with a management on them, by means of control points, phases or states, or, even, sequence of formalities, procedural lapses and agenda.

c) Editing and composition of documents, facilitating the writing and opinions of the Fiscal Ministry through a tool for the treatment of texts, integrated into the system and compatible with those of more widespread use. For this purpose, the National Commission for Electronic Information and Communications of the Fiscal Ministry shall approve a standardised collection of document models to which the IT applications will be adapted.

d) Library of models of relevant opinions, which will provide all prosecutors with the electronic availability of those documents which, due to their technical complexity, relevance or for other reasons, the Prosecutor-Chief, or in their case The Office of the Prosecutor General of the State, considers it appropriate to disseminate in electronic format among the prosecutors of the field concerned.

6. In accordance with Article 20 of the Organic Law 15/1999 of 13 December, the protection of personal data and its complementary provisions:

(a) The system of procedural management of the procuratorates shall have the characteristics set out in Annex I to this royal decree.

(b) The centralized system of procedural information of the State Attorney General shall have the characteristics set out in Annex II to this royal decree.

Article 3. Control of the state of handling of the various cases and files.

1. The information recorded electronically in each prosecution concerning the identification of the various files and cases, their interveners, the state or procedural situation and their corresponding update, as well as those other data of interest Statistics to be determined by the National Commission on Computer Science and Electronic Communications of the Fiscal Ministry, shall be transmitted in an automated manner to the information system of the Fiscal Ministry, at least monthly.

For these purposes, the various procedural management applications implemented by public administrations in public administrations will provide this information in a telematic way.

2. This information will be adapted to the same standards of codification of values (crimes, subjects, types of procedure, types of intervention, judicial bodies, etc.), and the same treatment schemes approved by the National Commission of IT and electronic communications of the Fiscal Ministry.

Article 4. Statistical treatment.

The information system of the Fiscal Ministry will have to adjust its contents and procedures to the statistical needs of the Fiscal Ministry. To this end, the Attorney General of the State, assisted by the technical committee provided for in Article 11, will periodically define the criteria for the elaboration of the Fiscal Statistics and will put them to the attention of the National Information and Technology Commission. electronic communications of the Ministry of Public Prosecutor's Office, which shall ensure the adaptation of the System to those criteria.

Article 5. Compulsory use of the systems of procedural management. Compatibility and interoperability.

1. Each prosecution shall ensure adequate control over the registration and processing of the procedures and files opened through the relevant procedural management systems and shall keep the data up to date. built into the systems.

2. Procedural management applications implemented by the competent public authorities shall provide in an automated manner the reciprocal communication between judicial and tax authorities of the information relating to the various matters and files, correctly ensuring the notifications and transfers provided for in the procedural laws.

3. All the computer systems of procedural management used in the procuratorates must be compatible with each other, and will enable the telematic exchange of information with the corresponding judicial bodies, the movement of cases and files between procuratorates and the monitoring of procedures from the State Attorney General's Office.

CHAPTER III

The Integrated Electronic Communications Network of the Fiscal Ministry

Article 6. Integrated electronic communications network of the Fiscal Ministry.

1. Through the integrated electronic communications network of the Fiscal Ministry, the members of the Fiscal Career will be able to access the public registers and applications of national scope managed by the Ministry of Justice, in terms of define the National Computer and Electronic Communications Commission of the Fiscal Ministry.

2. Likewise, the integrated electronic communications network of the Fiscal Ministry will allow access to those databases of case law and legislation for members of the tax career whose management of user accesses is carried out by the State Attorney General. In this field, the National Commission of Information and Electronic Communications of the Fiscal Ministry will ensure a minimum endowment for all members of the Fiscal Ministry, regardless of the competent administration in the field of material media endowment.

3. The integrated electronic communications network of the Fiscal Ministry will allow electronic communication between the State Attorney General's Office and the other central organs of the Fiscal Ministry and the different procuratorates, as well as between the Member of the Ministry of Public Prosecutor's Office, directly or through the various networks made available to the prosecutors by the competent authorities.

4. The National Commission for Information and Electronic Communications of the Fiscal Ministry provided for in Article 7 of this royal decree will establish the formats for the exchange of information to be used, as well as the technical characteristics and of security to be met by the different systems of procedural management, in order to achieve their full compatibility and integration, with the maximum guarantee in relation to the object of the processed information.

5. The procedural management systems put in place by the competent public authorities at the disposal of the procuratorates shall be integrated with the information system of the Ministry of Public Prosecutor's Office managed by the National Information Technology Commission. electronic communications from the Ministry of Public Prosecutor's Office through an integrated electronic communications network of the Fiscal Ministry.

CHAPTER IV

The National Computer and Electronic Communications Commission of the Fiscal Ministry

Article 7. Constitution of the National Commission on Computer Science and Electronic Communications of the Fiscal Ministry.

1. The National Commission of Computer and Electronic Communications of the Fiscal Ministry is configured as a collegiate body of coordination assigned to the State Attorney General, and responsible for establishing criteria of mandatory compliance in all fiscalias on the implementation, use, management and operation of all computer systems and electronic communications systems used by the Ministry of Taxation in the performance of their duties.

2. As not provided for in this chapter, the organization and operation of the National Commission shall be governed by the provisions of Articles 22 to 27 of Law No 30/1992 of 26 November 1992 of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

Article 8. Composition of the Commission.

The National Computer and Electronic Communications Commission of the Fiscal Ministry will be composed of:

1. President: the Attorney General of the State.

2. The Secretary of State for Justice.

3. Two Justice Directors of Autonomous Communities who have received the transfer of media provision to the service of the Administration of Justice, designated biannually by the Sectoral Conference on the Administration of Justice, as well as those of the Autonomous Communities of the Autonomous Communities affected by the matter to be dealt with.

4. A member of the General Council of the Judiciary, appointed by the plenary.

5. The Chief Prosecutor Inspector.

6. The Chief Prosecutor of the Technical Secretariat.

7. The Prosecutor of the Chamber of the Support Unit to the State Attorney General

8. A prosecutor appointed by the Attorney General of the State, heard by the Fiscal Council.

Article 9. Functions of the Commission.

1. The following are the functions of the National Commission on Computer Science and Electronic Communications:

1. Ensure the development and implementation of the Plan for the Technological Modernization of the Fiscal Ministry by the State Attorney General's Office.

2. Approve the computer applications and the telematic systems of communication used by the Fiscal Ministry in the exercise of their functions, guaranteeing in any case their interoperability with the management systems procedural and communications established in the courts and tribunals of every order.

3. To establish mechanisms to ensure the full compatibility between computer applications and electronic communication systems used in different procuratorates, as well as those with the information system the State Prosecutor General's Office.

4. Set criteria of mandatory compliance with the implementation, use, management and exploitation of the computer systems and electronic communications of the Fiscal Ministry.

2. The National Computer and Electronic Communications Commission of the Fiscal Ministry will have to carry out the functions referred to in Articles 2.5.c); 3.1 and 2; 6.4, and 9.4 of this royal decree in the framework of the uniform criteria establish the National Judicial Statistics Commission provided for in Article 461 of the Organic Law 6/1985 of July 1, of the Judicial Branch.

Article 10. Duties of the President of the Commission.

The President of the National Computer and Electronic Communications Commission of the Fiscal Ministry will have the following powers:

a) Call meetings whenever there are outstanding issues, or in default every six months, and set the agenda.

b) Address the deliberations.

c) Represent the State Attorney General's Office in the Committee on Judicial Statistics, in itself or by person in whom it delegates.

Article 11. Technical Committee. Technical support unit.

1. In order to guarantee the continuity of the work of the National Commission, a technical committee will be set up, chaired by the Prosecutor of the Chamber of the State Attorney General and composed of a Prosecutor appointed by the Prosecutor General of the State. State, by a representative appointed by the General Council of the Judiciary and by the Directors-General of Relations with the Administration of Justice or assimilated to the Ministry of Justice and the Autonomous Communities that they have received the transfer of media provision to the service of the Administration of Justice.

2. Depending on the matters to be dealt with and the administrations and institutions concerned, this composition will be variable, according to the criteria established by the National Commission.

3. The Committee may be assisted by experts from the various administrations and institutions that make up the Committee.

4. The organisation and functioning of the Committee shall be established by the National Commission for Information and Electronic Communications of the Ministry of Public Prosecutor's Office.

Final disposition first. Regulatory enablement.

The Minister of Justice is enabled to modify the contents of the annexes of this royal decree by ministerial order, in order to take account of the evolution of the state of the art, adaptation of the system by the emergence of new ones. requirements or their suitability for the applicable data protection rules.

Final disposition second. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid, 3 February 2006.

JOHN CARLOS R.

The Minister of Justice,

JUAN FERNANDO LÓPEZ AGUILAR

ANNEX I

File: Tax Management System for fiscalis

1. Intended purpose and uses:

a) Managing and consulting the status of cases handled by the prosecution.

b) Editing and composing type documents.

2. Persons and collectives affected: those mentioned in the column "Persons from which data will be obtained" from Annex I of Order JUS/227/2002, of 23 January, giving publicity to the Instruction number 6/2001, of the Office of the Prosecutor General of the State, on the creation of automated files of personal data managed by the Fiscal Ministry.

3. Procedure for the collection of data: the data shall be collected from the documentation integrated in the judicial files in which the staff assigned in each prosecutor's office are involved.

4. Basic structure of the file: each subject that has been registered in the procuratorates is identified by means of a single number, known as the "General Public Prosecutor's Office" (NGF), which will remain unchanged throughout the entire period. processing and which will allow their differentiation with respect to any other jurisdiction of the same or other judicial body, whether they have been dealt with in the same or another prosecution.

In the case of the existence of procedural management systems integrated between judicial and tax authorities, the identification number will be unique.

The composition of this General Prosecutor's Office (NGF) shall express the population code of the seat of the prosecution or permanent association concerned, the class of judicial organ of which it has jurisdiction, the court order, the year of opening and the sequential number generated by the application. This NGF shall be associated with the application of procedural management with the General Identification Number (NIG) assigned by the relevant judicial body at the time of its registration.

The basic structure of the file will include the data provided for in the column "Basic structure of the file and data types" of Annex I of the Order JUS/227/2002, of 23 January, giving publicity to the "Inform" 6/2001, by the State Attorney General, on the creation of automated files of personal data managed by the Prosecutor's Office.

5. Transfer of data that is foreseen: the only transfer of data envisaged is that which will be carried out at the base of the State Attorney General, which will centralize the information on the procedural performance of all the procuratorates.

6. Responsible body: each prosecution.

7. Body to which access rights may be exercised, rectification cancellation and opposition: Prosecutor-Head of each Prosecutor's Office.

8. Security measures: in the case of a file containing personal data relating to the commission of administrative or criminal offences, all security measures corresponding to the high level provided for in the Royal Decree 994/1999 of 11 June 1999 approving the Regulation on the security of automated files containing personal data.

ANNEX II

File: Centralized system of procedural information of the State Attorney General's Office

1. Intended purpose and uses:

(a) Provide the State Attorney General with the knowledge of the state of handling of the matters of which he or she knows this institution through a centralized database.

b) Enable the direct obtaining of information relating to the operation and organization of the procuratorates and the activity of the prosecutors by means of telematics.

c) Establish an electronic communication channel of the State Attorney General with the different Fiscalas.

d) Allow computerized treatment of the statistics of the Fiscal Ministry.

e) To provide those other services to the Fiscal Ministry that the National Commission of Informatics and Electronic Communications of the Fiscal Ministry determines in the exercise of its powers.

f) Ensure the integration and coordination of the Information System of the Fiscal Ministry with the IT systems of the Administration of Justice.

2. Persons and collectives affected: those mentioned in the column "Persons from which data will be obtained" from Annex I of Order JUS/227/2002, of 23 January, giving publicity to the Instruction number 6/2001, of the Office of the Prosecutor General of the State, on the creation of automated files of personal data managed by the Fiscal Ministry.

3. Procedure for the collection of data: the information recorded electronically in each Prosecutor's Office concerning the identification of the various files and cases, their interveners, the state or procedural situation and their corresponding update, thus as those other data of statistical interest determined by the National Commission of Informatics and Electronic Communications of the Fiscal Ministry, will be transmitted in an automated manner to the Information System of the Fiscal Ministry, with a periodicity at least monthly.

4. Basic structure of the file: each subject that has been registered in the procuratorates is identified by means of a single number, known as the "General Public Prosecutor's Office" (NGF), which will remain unchanged throughout the entire period. processing and which will allow their differentiation with respect to any other jurisdiction of the same or other judicial body, whether they have been dealt with in the same or another prosecution.

The composition of this General Prosecutor's Office (NGF) shall express the population code of the seat of the prosecution or permanent association concerned, the class of judicial organ of which it has jurisdiction, the court order, the year of opening and the sequential number generated by the application. This NGF shall be associated with the application of procedural management with the General Identification Number (NIG) assigned by the relevant judicial body at the time of its registration.

The system will make it possible to record the procedural events of the files with a management on the files, by means of control points, phases and/or states, or, even, establishment of sequence of formalities, lapses procedural, calendar, etc.

The basic structure of the file will include the data provided for in the column "Basic structure of the file and data types" of Annex I of the Order JUS/227/2002, of 23 January, giving publicity to the "Inform" 6/2001, by the State Attorney General, on the creation of automated files of personal data managed by the Prosecutor's Office.

5. Cession of data that is expected: no data transfers are foreseen.

6. Responsible administrative body: State Attorney General.

7. Body to which the rights of access, rectification, cancellation and opposition may be exercised: State Attorney General.

8. Security measures: in the case of a file containing personal data relating to the commission of administrative or criminal offences, all security measures corresponding to the high level provided for in the Royal Decree 994/1999 of 11 June 1999 approving the Regulation on the security of automated files containing personal data.