PREAMBLE

Article 20 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data establishes that the creation, modification or deletion of automated files of the Public Administrations will only be possible. be made by means of a general provision published in the Official Journal of the State or in the official journal concerned.

Under the provisions of Article 18 of the Organic Law 5/1992, of 29 October, of Regulation of the Automated Treatment of Personal Data, repealed by the aforementioned Organic Law 15/1999, and which collected the same The request was made by Order of 26 June 1994, extended by subsequent orders, to the regulation of files with personal data managed by the Ministry of the Interior, among which the files are described and regulated. located in the computer systems of the central services of the Department.

The Civil Guard, both in the Organic Law 2/1986, of March 13, of the Forces and the Security Corps, and in the 1/1992, of 21 February, on the Protection of Citizen Security, is entrusted with the functions of prevention of criminal acts and acts of which criminal liability may arise in the investigation of terrorism and other serious forms of crime, including organised crime. As regards this, the Kingdom of Spain, in the Convention implementing the Schengen Agreement of 19 June 1990, has acquired the undertaking to take the necessary measures for the control of travellers using the lodging. Such control is carried out by the State Security Forces and Corps through the corresponding registration books and entry parts of travelers in hospitality establishments and other analogues, regulated in Decrees 1513/1959 and 393/1974. The boom that in our society is having the new technologies and the computer procedures, as well as the use of communications over the Internet, make it advisable that such control can be carried out by manual procedures as automated; for which it is necessary to have the corresponding computer media.

Therefore, in order to comply with the legal mandate of Article 20 of the Law 15/1999, as soon as it provides for the creation of automated files containing personal data and to ensure those administered the exercise of their legitimate rights, I have:

Single point. Extension of the Ministerial Order of 26 July 1994, which regulates files with personal data managed by the Ministry of the Interior.

The Annex of the Order of 26 July 1994, which regulates the files with personal data managed by the Ministry of the Interior, is extended, incorporating a file for the processing of the information sent by hotel facilities to the Civil Guard, in the prevention and investigation of terrorism and other serious forms of organized crime, located in the computer systems of the Directorate General of the Civil Guard and described in the Annex to 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 State Gazette".

Madrid, 21 February 2003.

ACEBES PANIAGUA

ANNEX

Filename: Partavoidance.

Purpose of the file and uses intended for it: Ensuring compliance with the functions of prevention of criminal acts and acts of which criminal responsibility can be derived in the investigation of terrorism and other serious forms of organized crime entrusted to the Civil Guard in the Organic Laws 2/1986, of Forces and Security Corps, and 1/1992, on the Protection of Citizen Security, and to enable compliance with the commitment to adopt the measures necessary for the control of travellers using the establishments (a) lodging, acquired by Spain in the Convention implementing the Schengen Agreement of 19 June 1990.

Persons or collectives on which they are intended to obtain data of a personal nature or which are obliged to supply them: Persons over sixteen years of age who are staying in one of the establishments of hotels and analogues located in the territorial demarcation under the responsibility of the Civil Guard.

Procedure for the collection of personal data: Data accredited by the data subject when completing the entry of travellers and identification of the lodging establishment, which are referred by the latter, to the Civil Guard, in any medium (paper, fax, diskette or Internet).

Basic file structure and description of the personal data included in the file: The traveler's identification data, in which the number, type and date of issue of the identity document are understood presented, first and last names, sex, and date and country of birth, the identification of the establishment in which it was lodged and the date of entry of the traveller into the same.

Personal data: To the authorities that are expressed in article 11.2.d) of the Organic Law 15/1999, of 13 December, of Protection of Personal Data, in the exercise of the functions that they have legally attributed. To the administrative authorities which are expressed in Article 2 of the Organic Law 1/1992, of 21 February, on the Protection of Citizen Security, in the exercise of its security functions, in accordance with the provisions of the Article 5.1 of the same Organic Law. To the other Security Forces and Bodies and to the respective coordinating bodies in the exercise of the powers and tasks assigned to each of them by the Organic Law 2/1986, of 13 March, of Forces and Security Corps, in compliance with the principles of collaboration, mutual assistance and mutual cooperation and information that are established in this same law and under the provisions of the provisions set out in Article 22 of the Law of the Organic Law 15/1999. As well as, where appropriate, those other possible legally disposed disposals.

Body responsible for the file: Ministry of the Interior/Directorate General of the Civil Guard.

Services or Units to which the rights of rectification, cancellation and opposition may be exercised: Directorate General of the Civil Guard, Calle Guzmán el Bueno, 110, 28003 Madrid.

Security Measures: In compliance with the provisions of Article 4 of Royal Decree 994/1999 of 11 June, approving the Regulation on the Security Measures of Atomized Fters that Contain Data of Character Personnel shall apply the high level security measures provided for in that Regulation to this file.