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Order Ssi/2076/2013, 28 October, Which Creates The Electronic Site Of The Ministry Of Health, Social Services And Equality.

Original Language Title: Orden SSI/2076/2013, de 28 de octubre, por la que se crea la sede electrónica del Ministerio de Sanidad, Servicios Sociales e Igualdad.

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TEXT

Law 11/2007, of June 22, of electronic access of citizens to Public Services, created the concept of "electronic headquarters", justified by "the need to clearly define the" headquarters " electronic administrative with the establishing relationships, promoting a regime of identification, authentication, minimum content, legal protection, accessibility, availability and responsibility. "

Article 10.1 of the same law defines the electronic headquarters as " that electronic address available to citizens through telecommunications networks whose ownership, management and administration corresponds to a Public administration, body or administrative entity in the exercise of its powers. ' Paragraph 3 of the same Article states that "each Public Administration shall determine the conditions and instruments for the creation of electronic venues".

On the other hand, Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of 22 June, of electronic access of citizens to public services is partially developed, in addition to regulating this figure in its Articles 3 to 9 specifically determine in Article 3.2 that "the electronic venues shall be created by order of the corresponding Minister or resolution of the holder of the public body, which shall be published in the 'Official Gazette of the State'", determining the minimum content of this approval rule. This brings to the citizens guarantees of full certainty and security that only partially reached the virtual offices that have so far been channeling the electronic relations with the citizens.

Thus, with the establishment of the headquarters, it is intended, on the one hand, to reduce to the maximum the current dispersion of the services offered by the department, in order to facilitate access to them and, on the other, to create a space in the the administration and the administration are related in the framework of the administrative management with the necessary guarantees, thus differentiating the concept of the communication portal from the electronic headquarters.

Within their field of competence, there were already two electronic sites, corresponding to the Ministry of Health and Social Policy (Order SAS/410/2010, of 15 February) and that of the Ministry of Equality (Order IGD/2263/2010, 19). of August).

By Royal Decree 1823/2011 of 21 December, for which the ministerial departments are restructured, the Ministry of Health, Social Services and Equality, whose basic organic structure was established by the Royal Decree, is hereby established. Decree 1887/2011 of 30 December 2011, which was developed by Royal Decree 200/2012 of 23 January.

In application of these legal provisions, this order aims at the creation and regulation of the Electronic Headquarters of the Ministry of Health, Social Services and Equality, for all the organs of the Ministry and agencies. public. In addition, by means of this order, the holder of the Secretariat for the adaptation of certain characteristics of the seat shall be enabled, in his final disposition, to be amended.

In its virtue, I have:

Article 1. Object and scope of application.

1. The purpose of this order is the creation of the Electronic Headquarters of the Ministry of Health, Social Services and Equality (SEMSSSI, hereafter), with the scope and characteristics that are collected in this order, in order to comply with the established in Article 3 of Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of 22 June, of electronic access of citizens to public services is partially developed.

2. Its scope extends exclusively to the bodies belonging to the Ministry of Health, Social Services and Equality, leaving out the public bodies which, in accordance with the provisions of Article 3 of the Royal Decree 1671/2009, of November 6, approve their respective electronic venues by resolution of their holder, which will be published in the respective headquarters and in the "Official State Gazette".

Likewise, SEMSSSI will extend its scope to the bodies to be determined in the collaboration agreements that, if necessary, subscribe to the person who holds the Secretariat, by delegation, with the holders of the public bodies. of the Department under the provisions of the last paragraph of Article 3.3 of Royal Decree 1671/2009 of 6 November 2009. These agreements will be published in the Official Gazette of the State.

Article 2. Features of the Electronic Headquarters of the Ministry of Health, Social Services and Equality.

The SEMSSSI is created with the following features:

(a) All actions, procedures and services that require the authentication of citizens or the Public Administration in their relations with these by electronic means, as well as, shall be carried out through the SEMSSSI. those other than those who are to be included in the seat for reasons of efficiency and quality in the provision of services to citizens.

(b) The reference electronic address of the site shall be https://sede.msssi.gob.es.

c) The ownership of the electronic seat shall be the responsibility of the Department's Secretariat.

d) The technology management of the headquarters will be the responsibility of the Department's Secretariat, which will exercise it through the General Information Technology Subdirectorate.

e) They shall be responsible for the management, content and services made available to the citizens at the headquarters of the department's management centres, and in their case of the bodies which are incorporated into the the seat. The responsibility shall be for the powers conferred by each of the rightholders under the legislation in force.

f) The management of the common contents of the headquarters and the coordination with the management centers of the Department and the bodies incorporated in the headquarters will be the responsibility of the Department's Secretariat.

g) SEMSSSI shall include at least the content related to Article 3 of this order.

h) They will be channels of access to the services available at the headquarters:

1. º For electronic access, over the Internet.

2. º For face-to-face care, the offices of the Ministry of Health, Social Services and Equality, in accordance with the competences defined in the regulatory norms of the ministerial organization, without prejudice to access through of the records referred to in Article 38 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

3. For telephone attention, departmental information services, on telephone 901 400 100.

i) The information and services included in the SEMSSSI will comply with the principles of accessibility and usability, established in Law 11/2007, of June 22, of electronic access of citizens to Public Services, in the terms dictated by the rules in force in this field at any time.

j) The contents published in the SEMSSSI will respond to the safety and interoperability criteria arising from Law 11/2007, of June 22, and of Royal Decree 1671/2009, of November 6.

Article 3. Contents of the electronic headquarters of the Ministry of Health, Social Services and Equality.

1. The minimum contents to be included in the SEMSSSI are:

(a) Identification of the seat, as well as of the titular body and those responsible for the management of the contents made available to it.

b) Information necessary for the proper use of the site including the map of the electronic headquarters, as well as the related to the intellectual property.

c) SEMSSSI certificate verification system.

d) System of verification of electronic seal certificates used in SEMSSSI.

e) Electronic advice services to the user for the correct use of SEMSSSI.

f) Relation of electronic signature systems that are admitted or used in SEMSSSI.

g) Catalog of Procedures and Services available at SEMSSSI.

h) Electronic Services Charter for SEMSSSI.

i) Official date and time, and days officially declared as non-working.

j) Link to the "Official State Bulletin".

k) General suggestions and complaints.

l) Report on compliance with the conditions of confidentiality, integrity and availability of information and communications that are made through SEMSSSI.

m) Information related to the protection of personal data.

n) Link to the Spanish Data Protection Agency.

o) Order of Creation of the SEMSSSI.

p) Electronic Record Creation Order.

q) The Resolution of the Subsecretariat by which electronic seals are created.

r) Link to the General Access Point of the General Administration of the State.

2. The SEMSSSI will gradually allow access to its contents and services in the co-official languages in the Spanish State.

Article 4. Means for formulating suggestions and complaints.

1. The means available for the formulation of suggestions and complaints in relation to the content, management and services offered at the headquarters created in this order will be as follows:

(a) Presential or postal presentation to the general registers and the public service offices of the central services and the department's peripheral offices, addressed to the organs or agencies in accordance with the procedure laid down in Article 15 of Royal Decree 951/2005 of 29 July 2005 establishing the general framework for the improvement of quality in the General Administration of the State.

b) Telematic presentation through the SEMSSSI's suggestion and complaint formulation service.

2. It shall not be considered as means for the formulation of suggestions and complaints of electronic advice services to the user for the correct use of the site, without prejudice to their obligation, where they exist, to address the problems arising from the use of the citizens.

Single additional disposition. Commissioning of the site.

The electronic seat that is created in this order shall be operational within the maximum period of six months from the entry into force of this order.

Single repeal provision. Regulatory repeal.

Provisions of the same or lower rank are hereby repealed in so far as they are contrary to the provisions of this order, and in particular the following:

a) Order SAS/410/2010, of 15 February, for which the Electronic Headquarters is created in the Ministry of Health and Social Policy.

b) Order IGD/2263/2010, of 19 August, establishing the Electronic Headquarters in the Ministry of Equality.

Final disposition first. Adaptation of certain characteristics of the site.

May be adapted, by Resolution of the Department's Undersecretary, published in the "Official State Gazette":

a) The electronic address listed in this order, when it is to be modified for any cause.

b) The name of the responsible centers and agencies, when they are derived from organizational reordinations.

c) The relationship and characteristics of the access channels to the services available at the site.

(d) Any other characteristic that is not a mandatory entry as provided for in Article 3.2 of Royal Decree 1671/2009 of 6 November 2009.

Final disposition second. Enablement.

The holder of the Department's Deputy Secretary may take all necessary steps to implement and implement this Order.

Final disposition third. Entry into force.

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

Madrid, October 28, 2013. -Minister of Health, Social Services and Equality, Ana Mato Adrover.