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Order Of 22 October 1996 Which Regulates The Automated Files Of Personal Data Of The Ministry Of Labour And Social Affairs.

Original Language Title: Orden de 22 de octubre de 1996 por la que se regulan los ficheros automatizados de datos personales del Ministerio de Trabajo y Asuntos Sociales.

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Article 18 of the Organic Law 5/1992, of October 29, of regulating the automated processing of personal data establishes in its point first that " the creation, modification or deletion of automated files Public Administrations may be made only by means of a general provision published in the "Official Journal of the State" or corresponding official journal ". In compliance with the above, the former Ministries of Labor and Social Security and Social Affairs proceeded to publish various rules that collect the automated files with personal data.

The Royal Decree 758/1996, of 5 May, of restructuring of the Ministry of Labor, creates in its article 1, among other Ministries, the Labor and Social Affairs. Article 6 states that the Ministry of Labour and Social Affairs has the powers conferred on the Ministry of Labour and Social Security and the Ministry of Social Affairs so far and the structure of which has been established. by Royal Decree 1888/1996 of 2 August, of basic organic structure of the Ministry of Labour and Social Affairs. It is therefore necessary to provide a standard for the existing personal data files in the former Ministries of Labour and Social Security and Social Affairs to the new ministerial structure.

In its virtue, prior to the report of the Data Protection Agency, I have:

Article 1.

To create, modify or delete automated files with personal data, within the scope of the Ministry of Labor and Social Affairs, its autonomous organizations and the common services and management entities Social, the prior report of the Ministerial Commission of Informatics will be necessary. The holder of the Authority responsible for the automated file will raise the corresponding proposal, through his representative in the Ministerial Commission. This Commission will, in general, establish the information that the Authority responsible for the future file must provide in order to issue the relevant report.

Article 2.

Once a report has been issued by the Ministerial Commission on Informatics for the creation, modification or deletion of the automated file, the General Information Planning and Coordination Subdirectorate will proceed to:

Propose the registration of the file or, as appropriate, its modification or deletion to the General Data Protection Registry of the Data Protection Agency in accordance with the provisions of Article 38 of the Organic Law 5/1992, 29 October, regulating the automated processing of personal data, LORTAD.

Propose to the Minister for publication in the "Official Gazette of the State", the general provision of creation, modification or deletion of the file referred to in article 18 of the LORTAD.

Article 3.

In the information system, constituted in the Subdirectorate General of Planning and Information Coordination called personal data files (FIDAPER) on the automated files that are the responsibility of Organs dependent on the Ministry of Labour and Social Affairs and containing personal data, will integrate both the personal data files of the former Ministry of Labour and Social Security and those of the old Ministry Social Affairs.

For each of them, the information system shall contain at least the data necessary for the fulfilment of the obligations laid down in the LORTAD and in the development provisions, in particular those set out in the Articles 18 and 38 of the LORTAD and any other of the relevant Regulation.

Article 4.

According to the provisions of article 19 of the LORTAD, personal data of automated files may be made between Organ of the Ministry of Labour and Social Affairs, its Autonomous Bodies, Entities Managers and General Treasury of Social Security for the exercise of their powers. From the realization of these data transfers, the Ministerial Commission of Informatics will be informed, which will ensure that they are carried out without prejudice to the purposes provided for in this provision in the ceding file and in the transferee. These disposals must be registered in the FIDAPER information system where the information which, from the aforementioned transfers, will be included, will be established by the Ministerial Commission of Informatics.

For the case of external transfers to the Department, the report of the Ministerial Commission of Informatics will be necessary.

Article 5.

According to the provisions of article 19 of the LORTAD, personal data transfers of automated files from the Department to the National Statistics Institute may be made for the performance of the data. Article 26 of Law 12/1989, of 9 May, of the Civil Statistics Service, to the statistical services of the Ministry of State for the functions assigned to them by Article 33 of the same Law and to the statistical services of the Autonomous Communities under the conditions laid down in Article 40 (2) and (3), of the Law of the Public Statistical Service.

Article 6.

Those responsible for the automated files will take the necessary measures to ensure that the automated data of the existing personal character is used for the purposes for which they were collected and that are which are explicitly listed for each of the files.

Article 7.

The automated files that are governed by the following rules remain in effect:

Annex to the Order of the Ministry of Labour and Social Security of 27 July 1994 regulating the personal data files of the Ministry of Labour and Social Security ("Official State Gazette" number 180, 29 July).

Order of 19 May 1995 for which the European Parliament is corrected and the Annex to the Order of 27 July 1994 on the personal data files of the Ministry of Labour and Social Security is extended ("Official Gazette"). of the State " number 128, 30 May).

Order of 11 February 1994 on the creation of an automated file of personal data of the Ministry of Social Affairs ("Official State Gazette" number 42 of 18 February).

Annexes to the Order of 22 July 1994, regulating the files of personal data of the Ministry of Social Affairs and its entities ("Official State Gazette" number 1748 of 27 July).

Article 8.

The bodies responsible for each of the files, as well as the units of access, rectification and cancellation are modified according to the competencies attributed to each of the management centers in the Royal Decree 1888/1996, of August 2, of basic organic structure of the Ministry of Labour and Social Affairs.

Article 9. In the file "affiliation, general file of affiliation" must be included among the transferee of data to the Autonomous Communities with competences in matters of Agrarian Chambers under the provisions of Law 23/1986, of December 24, of Bases of the Legal Regime of the Agrarian Chambers.

Article 10.

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

Madrid, 22 October 1996.

BOCANEGRA SANDS

Ilmo. Mr Deputy Minister for Labour and Social Affairs.