Advanced Search

Order Pre/1005/2013, 4 June, Which Creates An Automated Personal Data File, Is Deleted Another And Different Files Are Modified.

Original Language Title: Orden PRE/1005/2013, de 4 de junio, por la que se crea un fichero automatizado de datos de carácter personal, se suprime otro y se modifican diversos ficheros.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Organic Law 15/1999 of 13 December on the Protection of Personal Data and its Implementing Regulation, approved by Royal Decree 1720/2007 of 21 December, sets out a set of measures to ensure and to protect, as regards the processing of personal data, public freedoms and the fundamental rights of natural persons, and in particular their personal and family honour and privacy.

Article 20 of Organic Law 15/1999, of December 13, states that the creation, modification or deletion of the files of the Public Administrations may be made only by means of a general provision published in the 'Official Journal of the State' or in the Official Journal concerned.

Article 53.1 of the Implementing Regulation, approved by Royal Decree 1720/2007 of 21 December, further states that, where the provision relates to the bodies of the General Administration of the State or to the institutions or bodies, bodies linked to or dependent on it, shall take the form of a ministerial order or a resolution of the holder of the relevant entity or body.

The Ministry of the Presidency created several files through the Order of 23 November 2001, which regulates the automated files containing personal data managed by the Ministry of the Presidency and Autonomous Bodies attached to it and by Order PRE/3651/2004 of 8 November 2004 establishing and amending the automated files of personal data managed by the Ministry of the Presidency and the Autonomous Bodies attached to it.

With the transfer of time and the administrative reorganizations operated since then there have been variations in various files included in the Orders mentioned in the previous paragraph corresponding to the Agency National Heritage. On the other hand the management of the staff of the National Heritage Agency requires the creation of a new file. Finally, the data contained in the "Communication Agenda" file are excluded from the application of the data protection regulations under Article 2.2 of the Implementing Regulation of Organic Law 15/1999, which is why it is to proceed with its deletion.

Consequently, this order has as its object, on the one hand, the creation of the file "HICLI (Clinical Stories)" in the National Heritage. On the other hand, the modification of the files "Real Estate", "Employee", "Badaral", "Broadcast", "CAF0300", "SIC2", "Nedaes", "RIRPF", "Suscript" and "Personal", all of them also from the National Heritage. Finally, the deletion of the "Communication Agenda" file from the Ministry of the Presidency.

In its virtue, in use of the powers conferred by article 12 of Law 6/1997, of April 14, of the organization and functioning of the General Administration of the State, and in order to comply with the legal mandate, for ensure maximum transparency in the automated processing of personal data, thus ensuring that citizens are entitled to the legitimate exercise of their rights, available:

Article 1. Creating a personal data file.

The file "HICLI (Clinical Stories)" is created, which is included in Annex I of this Order, to which the elements contained in article 20 of the Organic Law 15/1999, of 13 December, of Data Protection have been incorporated personal character.

Article 2. Modifying multiple personal data files.

Annex I of the Order of 23 November 2001 is amended, regulating the automated files containing personal data managed by the Ministry of the Presidency and Autonomous Bodies attached to it. to the same and Annex I of Order PRE/3651/2004 of 8 November, creating and modifying the automated files of personal data managed by the Ministry of the Presidency and the Autonomous Bodies attached to it

The modifications of the annexes of the aforementioned Orders are made in the sense that is contained in the Annex II of this Order, to which the elements contained in article 20 of the Organic Law 15/1999, 13 of December, for Personal Data Protection.

Article 3. A personal data file is deleted.

The personal data file "Agenda of the Communication", whose regime and characteristics is established in the Order of 23 November 2001, which regulates the automated files contained in the file, is deleted. personal data managed by the Ministry of the Presidency and Autonomous Bodies attached to it.

Article 4. Responsible persons.

The persons responsible for the files shall take the necessary management and organizational measures to ensure the confidentiality, security and integrity of the data, as well as the conduct of the data. guarantees, obligations and rights recognised in the applicable rules.

Article 5. Registration of files.

In compliance with Article 55 of the Implementing Regulation of the Organic Law 15/1999 of 13 December on the protection of personal data, approved by Royal Decree 1720/2007 of 21 December, the files will be notified for registration in the General Register of Data Protection within thirty days of the publication of this order in the Official Gazette of the State.

Single repeal provision.

Any provisions of equal or lower rank are repealed as set forth in 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, June 4, 2013. -Government Vice President and Minister of the Presidency Soraya Saenz de Santamaria Anton.

ANNEX I

National Heritage

HICLI (Clinical Stories)

1. Purpose of the file and intended uses for the file: Treatment of data relating to the health of the personnel serving in the National Heritage Management Board.

2. Persons or groups on whom data of a personal nature are intended or required to be supplied: Natural persons who have access to medical consultation or recognition by the health services of the CAPN and the Medical Cabinet of the Ministry of the Presidency.

3. Procedure for the collection of personal data: Through medical or health consultation.

4. Basic structure of the file. Documentary relational database.

5. Description of the types of personal data included in it: Name and surname, NIF, DNI, postal address, telephone, e-mail address, Social Security number or Mutuality, health, personal characteristics and details of employment.

6. Personal data disposals: There is no data cession.

7. Organs of the Administrations responsible for the file. Management and Media Management.

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised. Prevention Service. Management and Media Management. Board of Directors of the National Heritage. Calle Bailen s/n 28071 Madrid.

9. Security measures. High Level.

10. Treatment system. Automated.

ANNEX II

National Heritage

Real Estate

1. Purpose of the file and intended uses for the file: Control of the administration of rustic and urban buildings of which the Agency is the holder. Lease contracts.

2. Persons or groups on whom data of a personal nature are intended to be obtained or which are required to supply such data: Natural or legal persons who are tenants of rustic and urban estates.

3. Procedure for the collection of personal data: data provided by data subjects.

4. Basic file structure: database.

5. Description of the types of personal data included in the data type: first and last names, DNI/NIF, address, housing characteristics, housing, indication of whether it is a public employee, bank details.

6. Personal data disposals: There is no data cession.

7. Organs of the Administrations responsible for the file: Board of Directors of the National Heritage. Management and Media Management.

8. Services or units to which the rights of access, rectification, cancellation or opposition can be exercised: Management of Administration and Media. Board of Directors of the National Heritage. Calle Bailen s/n 28071 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated.

Employee

1. Purpose of the file and intended uses for the file: Control of the staff schedule of the Agency.

2. Persons or groups on whom data of a personal nature are intended to be obtained or which are required to supply such data: Official and labour personnel serving in the Agency.

3. Procedure for the collection of personal data: magnetic sheets.

4. Basic file structure: database.

5. Description of the types of personal data included in it: first and last names, DNI, personal registration number, nationality, licenses and permits, Body/Scale, category or grade, job position.

6. Personal data disposals: There is no data cession.

7. Organs of the Administrations responsible for the file: Board of Directors of the National Heritage. Management and Media Management.

8. Services or units to which the rights of access, rectification, cancellation or opposition can be exercised: Management of Administration and Media. Board of Directors of the National Heritage. Calle Bailen, s/n, 28071 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated.

Badaral

1. Purpose of the file and intended uses for the file: staff management and the AGE Pension Plan or collective insurance contracts that include the coverage of retirement contingencies.

2. Persons or groups on whom data of a personal nature are intended to be obtained or which are required to supply such data: personnel serving in the Agency.

3. Procedure for the collection of personal data: data provided by the data subject at the time of discharge in the Agency. Electronic data transfer from the Central Personnel Registry.

4. Basic file structure: database.

5. Description of the types of personal data included in it: first and last names, DNI/NIF, Social Security number/MUFACE, address, Personal Registration number, place and date of birth, sex, academic and professional data, employment and administrative career data, licenses, permits and authorizations.

6. Personal data disposals: Central Personnel Registry, Ministry of the Presidency, Management Entity, Depositary Entity and Control Commission of the Pension Plan of the AGE.

7. Organs of the Administrations responsible for the file: Management and Media Management.

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Board of Directors of the National Heritage. Management and Media Management. C/ Bailen s/n. 28071. Madrid.

9. Security measures: High level.

10. Treatment system. Automated.

Broadcast

1. Purpose of the file and intended uses for the file: Send advertising to persons offered by the Agency's products.

2. Persons or collectives on which they are intended to obtain personal data or which are required to supply data: Potential customers.

3. Procedure for the collection of personal data: commercial telephone directories, catalogues, memoirs, yearbooks, directories of professional and art colleges, statements or forms.

4. Basic file structure: database.

5. Description of the types of personal data included in the data type: name, address, telephone, training, qualifications, membership of professional associations.

6. Personal data disposals: There is no data cession.

7. Organs of the Administrations responsible for the file: Board of Directors of National Heritage. Image, Promotion, and Development direction.

8. Services or units to which the rights of access, rectification, cancellation or opposition can be exercised: Direction of Image, Promotion and Development. National Heritage Board. Calle Bailen, s/n, 28071 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated.

Caf 0300

1. Purpose of the file and intended uses for the file: Control of access to the Royal Palace.

2. Persons or groups on whom data of a personal nature are intended or required to be supplied: employees of the Agency, employees of private companies engaged in sporadic work and visitors in general.

3. Procedure for the collection of personal data: data provided by the data subject when providing the DNI, or passport.

4. Basic file structure: database.

5. Description of the types of personal data included in it: name and surname, identity card, nationality, job, body or scale, activities and negotiated.

6. Personal data disposals: There is no data cession.

7. Organs of the Administrations responsible for the file: Security Vocal. Management and Media Management. National Heritage Management Board.

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Board of Directors of National Heritage. Security Area. Calle Bailen, s/n, 28071 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated.

SIC2 (Accounting Information System)

1. Purpose of the file and intended uses for the file: Official Accounting of the Agency.

2. Persons or groups on whom data of a personal nature are intended to be obtained or which are required to supply such data: Suppliers of goods or services and acquirers thereof.

3. Procedure for the collection of personal data: data provided by the data subjects in the payment document.

4. Basic file structure: database.

5. Description of the types of personal data included in it: name and surname, DNI/NIF, address, activities and business, amount of transaction, bank details.

6. Personal data transfers: Ministry of Finance.

7. Organs of the Administrations responsible for the file: Management of Administration and Media. National Heritage Management Board.

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Board of Directors of the National Heritage. Management and Media Management. Calle Bailen, s/n, 28071 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated.

Nedaes

1. Purpose of the file and intended uses for the file: Payroll and social insurance of the staff who serve on the National Heritage Board. Settlement of the IRPF holds. Certification of assets.

2. Persons or groups on whom it is intended to obtain data of a personal nature or which are obliged to supply such data: personnel providing their services in the body.

3. Procedure for the collection of personal data: data provided by the data subject at the time of discharge in the Agency.

4. Basic file structure: database.

5. Description of the types of personal data included in it: name and surname, DNI/NIF, Social Security number/MUFACE, personal registration number, address, date and place of birth, sex, Body/Scale, category/grade, data of the job, economic data of the post, bank details.

6. Personal data disposals: Ministry of Finance, State Tax Administration Agency, Social Security Treasury, MUFACE, financial institutions designated by the persons concerned for the payment of the payroll.

7. Organs of the Administrations responsible for the file: Management of Administration and Media. National Heritage Management Board.

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Board of Directors of the National Heritage. Management and Media Management. Calle Bailen, s/n, 28071 Madrid.

9. Security measures: High level.

10. Treatment system. Automated

RIRPF

1. Purpose of the file and intended uses for the file: Control of third parties subject to IRPF retentions.

2. Persons or groups on whom data of a personal nature are intended to be obtained or which are required to supply such data: Persons who receive remuneration or compensation for services subject to the withholding tax of the IRPF.

3. Procedure for the collection of personal data: data provided by the data subject in the payment document.

4. Basic file structure: database.

5. Description of the types of personal data included in it: name and surname, DNI/NIF, nationality, address, civil status data, family data, activity and business data, amount of the transaction.

6. Personal data transfers: Ministry of Finance.

7. Organs of the Administrations responsible for the file: Management of Administration and Media. National Heritage Management Board.

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Board of Directors of the National Heritage. Management and Media Management. Calle Bailen, s/n, 28071 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated

Suscript

1. Purpose of the file and intended uses for the file: Relationship of subscribers and clients for the distribution of publications. Control the payment of mailings for mail publications.

2. Persons or groups on whom data of a personal nature are intended to be obtained or which are required to supply such data: customers and subscribers interested in the acquisition of any publication published by the Agency.

3. Procedure for the collection of personal data: data provided by data subjects.

4. Basic file structure: database.

5. Description of the types of personal data included in it: name and surname, DNI/NIF, address, telephone, subscription data, bank details.

6. Personal data disposals: There is no data cession.

7. Organs of the Administrations responsible for the file: Board of Directors of the National Heritage.

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Management of the Board of National Heritage. Calle Bailen, s/n, 28071 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated.

Staff

1. Purpose of the file and intended uses for the file: Decentralized management of human resources.

2. Persons or groups on whom data of a personal nature are intended to be obtained or which are required to supply such data: Personnel providing their services to the Agency.

3. Procedure for the collection of personal data: declarations, forms, electronic transmission.

4. Basic file structure: database.

5. Description of the types of personal data included in it: first and last names, DNI/NIF, Social Security number/MUFACE, address, telephone number, personal registration number, marital status, family data, date and place of birth, sex, licenses and permits, qualifications, body or scale, category or grade, job data, employment data and administrative career, payroll economic data.

6. Personal data disposals: Central Personnel Registry.

7. Organs of the Administrations responsible for the file: Management of Administration and Media. National Heritage Management Board.

8. Services or units to which the rights of access, rectification, cancellation or opposition may be exercised: Board of Directors of the National Heritage. Management and Media Management. Calle Bailen, s/n, 28071 Madrid.

9. Security measures: Basic level.

10. Treatment system. Automated.