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Order Aaa/2391/2013, 10 December, By Which Modify Various Ministerial Orders Relating To Files With Personal Data Managed By The Ministry Of Agriculture, Food And Environment And Their Confederations Hi...

Original Language Title: Orden AAA/2391/2013, de 10 de diciembre, por la que se modifican diversas órdenes ministeriales relativas a ficheros con datos de carácter personal gestionados por el Ministerio de Agricultura, Alimentación y Medio Ambiente y sus Confederaciones Hi...

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Article 20.1 of Organic Law 15/1999 of 13 December on the Protection of Personal Data and Articles 52 to 54 of its Implementing Regulation adopted by Royal Decree 1720/2007 of 21 December that the creation, modification or deletion of files of public administrations may be made only by means of a general provision published in the "Official State Gazette" or corresponding official journal.

Also, Article 55 of Royal Decree 1720/2007 of 21 December states that the creation, modification or deletion of files of public administrations that include personal data will be notified to the Spanish Data Protection Agency after publication of a general provision in the Official Gazette or Official Journal.

Royal Decree 670/2013 of 6 September amending the Regulation of the Public Domain of Water, approved by Royal Decree 849/1986 of 11 April, in the field of water registration and assessment criteria damage to the hydraulic public domain, disciplined a new structure of the water register.

Section 12 of Chapter III of Title II of the Regulation of the Public Hydraulic Domain, in accordance with Article 80.1 of the recast text of the Water Law, established that in each Basin Agency there will be a single Register Water, in which concessions and other titles of law for the use of water are registered, as well as the authorised changes in their ownership or in their characteristics, as a result of the modification, novation, review or extinction of those.

The Water Registry consists of a data-processing structure that enables the organization of information regarding the use of water and will allow the issuance of certifications on the inscriptions. The computer structure will be developed, guarded and maintained by the Ministry of Agriculture, Food and Environment in the most appropriate way with the evolution of the technology and the needs of the users.

To this end, it is essential to modify the current files provided for the Register of Water in the different basin organizations in order to homogenize their content with each other and with the file that is also foreseen in the central dependencies of the Department.

With its effective implementation will be achieved an improvement in the legal certainty of the recipients and the basin organizations as well as an increase of the economic activity linked to the hydrological exploitation.

With this amendment, it is intended to achieve better compliance with the regulations on the protection of personal data and in particular the legal mandate of Article 20 of the Organic Law 15/1999 of 13 December, as well as to facilitate the exercise of rights for citizens.

On the other hand, the Order AAA/2456/2012, dated October 31, which regulates the files of personal data managed by the Segura Hydrographic Confederation, is appropriate to a recommendation made by the Spanish Agency for the Protection of Data in the field of penalties entered in the file relating to quality control and discharges.

This standard has been submitted to the report of the Spanish Data Protection Agency and the Ministry of Electronic Administration.

In its virtue, I have:

Article 1. Amendment of Order ARM/1683/2011 of 2 June, which regulates the files with personal data managed by the Ministry of the Environment, and the Rural and Marine Environment.

One. The file "Register of Waters", as provided for in Annex I, section General of the Water Subdirectorate General of Integrated Management of the Water Public Domain, of the Order ARM/1683/2011, of 2 June, is modified, with the following wording:

" Water Log File:

a) Identification and use of the file:

a.1) File Identification: Water Record.

a.2) Purpose and intended uses: Enrollment of rights relating to the proprietary use of water as well as authorized changes occurring in their ownership or in their characteristics and levies and public faith registration.

a.3) Purposes of Purposes: Administrative Procedure and Public Registry. Historical, statistical and/or scientific purposes.

b) Data source:

b.1) Persons or collectives on which data of a personal nature is intended to be obtained or which are required to supply such data: Citizens concerned or affected by files relating to the Register of Water different Hydrographic Confederations, and their legal representatives. Water records of the basin organisms.

b.2) Source: The data are from the data subject, his legal representative, public records, ALBERCA and other public administrations.

c) Collection procedure: Data provided by the data subject. Documentary, face-to-face and automated.

d) Basic file structure and treatment system used in your organization:

d.1) Structure: Identificative data: Name or social reason, DNI/NIF/ID, name, address. Data related to the rights and the use of water. Data contained in the RDPH. Phone and email.

Other personal data categories: Social circumstances (properties, authorities) and other data (goods and services received by the affected).

d.2) Treatment system: Mixed.

e) Communications for expected data:

e.1) Recipients or categories of recipients: According to Article 80.2 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001, of July 20, the Register of Water will have a public character, The Agency may be interested in the appropriate certification of its content. Autonomous departments for the collection of their own rates and public prices in accordance with the autonomous regulations and the General Tax Law. Communities of regantes, always within their scope as entities governed by public law for the organization of collective exploitation of public waters, according to the TRLA.

e.2) International transfers to third countries: There are no plans.

f) Body responsible for the file: Directorate General of Water. General Integrated Management Subdirection of the Hydraulic Public Domain.

g) Services or units to which the rights of access, rectification, cancellation and opposition may be exercised: Directorate General of Water. Deputy General Manager of Integrated Management of the Public Domain of Hydraulic, Plaza de San Juan de la Cruz, s/n., 28003 Madrid.

h) Security measures in accordance with Title VIII RLOPD: Basic. "

Two. The Central Base of Water file is created in Annex I, section General Water Directorate General of Integrated Management of the Public Water Domain, of Order ARM/1683/2011, of June 2, with the following content:

" Central Water Base File:

a) Identification of the file, indicating its name, as well as the description of its intended purpose and uses.

a.1) File Identification: Central Database.

a.2) Purpose and intended uses: Enrollment of information in the Water Records, the Catalogue of Private Waters and other censuses or records that are carried out in the Basin Organizations and the Administrations (a) the water supply of the autonomous communities which have their powers transferred.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data, and its provenance.

b.1) Collective: Interested parties and administrations.

b.2) Provenance: Data provided by the competent bodies.

c) Basic file structure and the treatment system used in your organization.

c.1) Structure: Elements listed in Article 197 of the Regulation of the Public Water Domain: water registration, private water catalog and other records held by the basin organizations.

c.2) Treatment system: Automated.

d) Communications of the data provided, indicating where appropriate, the recipients or categories of recipients and applicable legislation: Real estate, in accordance with Article 36 of the recast of the Law of the Cadastro Real Estate, approved by the Royal Legislative Decree 1/2004, of March 5.

(e) International transfers to third countries, indicating, where appropriate, the countries of destination of the data: There are no international data transfers foreseen.

f) Responsible organs of the file: Directorate General of Water.

g) Services or units to which the rights of access, rectification, cancellation and opposition may be exercised: Directorate General of Water. Deputy General Manager of Integrated Management of the Public Domain of Hydraulic, Plaza de San Juan de la Cruz, s/n., 28003 Madrid.

h) Basic, medium or high level of security that is required in accordance with the provisions of Title VIII of the RLOPD: High. "

Article 2. Amendment of the Order ARM/1869/2011 of 27 June, creating files of personal data managed by the Hydrographic Confederation of the Duero.

The file "Register of Water" is introduced in the Annex of the Order AAA/ ARM/1869/2011, of 27 June, creating files of personal data managed by the Hydrographic Confederation of the Duero, with the next text:

" Water Log File:

a) Identification and use of the file:

a.1) File Identification: Water Record.

a.2) Purpose and intended uses: Enrollment of rights relating to the proprietary use of water as well as authorized changes occurring in their ownership or in their characteristics and levies, and public faith registration.

a.3) Purposes of Purposes: Administrative Procedure and Public Registry. Historical, statistical and/or scientific purposes.

b) Data source:

b.1) Persons or collectives on which data of a personal nature is intended to be obtained or which are required to supply it: Citizens concerned or affected by files related to the Water Register Hydrographic Confederation and its legal representatives.

b.2) Source: The data are from the data subject, his legal representative, public records, ALBERCA and other public administrations.

c) Collection procedure: Data provided by the data subject. Documentary, face-to-face and automated.

d) Basic file structure and treatment system used in your organization:

d.1) Structure: Identificative data: Name or social reason, DNI/NIF/ID, name, address. Data related to the rights and the use of water. Data contained in the RDPH. Phone and email.

Other personal data categories: Social circumstances (properties, authorities) and other data (goods and services received by the affected).

d.2) Treatment system: Mixed.

e) Communications for expected data:

e.1) Recipients or categories of recipients: According to Article 80.2 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001, of July 20, the Register of Water will have a public character, The Agency may be interested in the appropriate certification of its content. Autonomous departments for the collection of their own rates and public prices in accordance with the autonomous regulations and the General Tax Law. Communities of regantes, always within their scope as entities governed by public law for the organization of collective exploitation of public waters, according to the TRLA.

e.2) International transfers to third countries: There are no plans.

f) Body responsible for the file: Hydrographic Confederation of the Duero.

g) Services or units to which the rights of access, rectification, cancellation and opposition may be exercised:

The Duero Hydrographic Confederation.

General Secretariat.

Calle Muro 5, 47004 Valladolid.

h) Security measures in accordance with Title VIII RLOPD: Basic. "

Article 3. Amendment of Order AAA/2456/2012 of 31 October, which regulates the files with personal data managed by the Segura Hydrographic Confederation.

One. The file Register of Waters provided for in the Annex of Order AAA/2456/2012 of 31 October, for which files are regulated with personal data managed by the Segura Hydrographic Confederation, is worded as follows:

" Water Log File:

a) Identification and use of the file:

a.1) File Identification: Water Record.

a.2) Purpose and intended uses: Enrollment of rights relating to the proprietary use of water as well as authorized changes occurring in their ownership or in their characteristics and levies, and public faith registration.

a.3) Purposes of Purposes: Administrative Procedure and Public Registry. Historical, statistical and/or scientific purposes.

b) Data source:

b.1) Persons or collectives on which data of a personal nature is intended to be obtained or which are required to supply it: Citizens concerned or affected by files related to the Water Register Hydrographic Confederation and its legal representatives.

b.2) Source: The data are from the data subject, his legal representative, public records, ALBERCA and other public administrations.

c) Collection procedure: Data provided by the data subject. Documentary, face-to-face and automated.

d) Basic file structure and treatment system used in your organization:

d.1) Structure: Identificative data: Name or social reason, DNI/NIF/ID, name, address. Data related to the rights and the use of water. Data contained in the RDPH. Phone and email.

Other personal data categories: Social circumstances (properties, authorities) and other data (goods and services received by the affected).

d.2) Treatment system: Mixed.

e) Communications for expected data:

e.1) Recipients or categories of recipients: According to Article 80.2 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001, of July 20, the Register of Water will have a public character, The Agency may be interested in the appropriate certification of its content. Autonomous departments for the collection of their own rates and public prices in accordance with the autonomous regulations and the General Tax Law. Communities of regantes, always within their scope as entities governed by public law for the organization of collective exploitation of public waters, according to the TRLA.

e.2) International transfers to third countries: There are no plans.

f) Body responsible for the file: Segura Hydrographic Confederation.

g) Services or units to which the rights of access, rectification, cancellation and opposition may be exercised:

Segura Hydrographic Confederation.

General Secretariat.

Plaza Fontes, 1, 30001 Murcia.

h) Security measures as set out in Title VIII RLOPD: Low. "

Two. The Quality Control file set out in the Annex to Order AAA/2456/2012 of 31 October 2012 is read as follows:

" Quality and Vertid Control File:

a) Identification and use of the file:

a.1) File Identification: Quality Control.

a.2) Finality and intended uses: Management of cases relating to water quality and discharges carried out in the Segura Basin. Control and surveillance of the hydraulic public domain. Economic management of fees and charges for discharges. Environmental management.

a.3) Purposes of Purposes: Administrative Procedure; Historical, Statistical or Scientific Finances.

b) Data source:

b.1) Persons or collectives on which it is intended to obtain data of a personal nature or which are obliged to supply them: Citizens affected by the Quality Control files of the Confederation of Water and Vertides of the Confederation Segura hydrographic, affected third parties, persons carrying out the instruction.

b.2) Source: The interested party or its legal representative, Public Records, Sources accessible to the public.

c) Collection procedure: Data provided by the data subject.

d) Basic file structure and treatment system used in your organization:

d.1) Structure:

Identificative data: DNI/NIF/ID, first and last name, postal address, telephone, signature.

Data specially protected: Administrative infractions.

Other personal data categories: Economic (banking data).

d.2) Treatment system: Mixed.

e) Communications for expected data:

e.1) Recipients or categories of recipients: State Security Forces and Bodies, where necessary for the investigation of alleged criminal acts that may be committed; Administration of Justice; Municipalities; Autonomous Communities of the basin; Entities of Sanitation of the Basin.

e.2) International transfers to third countries: There are no plans.

f) Body responsible for the file: Segura Hydrographic Confederation.

g) Services or units to which the rights of access, rectification, cancellation and opposition may be exercised:

Segura Hydrographic Confederation.

General Secretariat.

Plaza Fontes, 1, 30001 Murcia.

h) Security measures in accordance with Title VIII RLOPD: Middle Level. "

Article 4. Amendment of the Order AAA/905/2013 of 16 May, which regulates the personal data files of the Tagus Hydrographic Confederation.

A new file is introduced Register of Water in the Annex of the Order AAA/905/2013, of May 16, for which the files of personal data of the Hydrographic Confederation of the Tagus are regulated, with the following wording:

" Water Log File:

a) Identification and use of the file:

a.1) File Identification: Water Record.

a.2) Purpose and intended uses: Enrollment of rights relating to the proprietary use of water as well as authorized changes occurring in their ownership or in their characteristics and levies, and public faith registration.

a.3) Purposes of Purposes: Administrative Procedure and Public Registry. Historical, statistical and/or scientific purposes.

b) Data source:

b.1) Persons or collectives on which data of a personal nature is intended to be obtained or which are required to supply it: Citizens concerned or affected by files related to the Water Register Hydrographic Confederation and its legal representatives.

b.2) Source: The data are from the data subject, his legal representative, public records, ALBERCA and other public administrations.

c) Collection procedure: Data provided by the data subject. Documentary, face-to-face and automated.

d) Basic file structure and treatment system used in your organization:

d.1) Structure: Identificative data: Name or social reason, DNI/NIF/ID, name, address. Data related to the rights and the use of water. Data contained in the RDPH. Phone and email.

Other personal data categories: Social circumstances (properties, authorities) and other data (goods and services received by the affected).

d.2) Treatment system: Mixed.

e) Communications for expected data:

e.1) Recipients or categories of recipients: According to Article 80.2 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001, of July 20, the Register of Water will have a public character, The Agency may be interested in the appropriate certification of its content. Autonomous departments for the collection of their own rates and public prices in accordance with the autonomous regulations and the General Tax Law. Communities of regantes, always within their scope as entities governed by public law for the organization of collective exploitation of public waters, according to the TRLA.

e.2) International transfers to third countries: There are no plans.

f) Body responsible for the file: Hydrographic Confederation of Tagus.

g) Services or units to which the rights of access, rectification, cancellation and opposition may be exercised:

The Tagus Hydrographic Confederation.

General Secretariat.

Avda. Portugal, 81, 28071 Madrid.

h) Security measures in accordance with Title VIII RLOPD: Medium. "

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, December 10, 2013. -Minister of Agriculture, Food and Environment, Miguel Arias Cañete.