Machine Translation of "Resolution Of 24 April 2013, The General Direction Of The Institute For The Diversification And Saving Of Energy, By Whi..." (Spain)

Resolution Of 24 April 2013, The General Direction Of The Institute For The Diversification And Saving Of Energy, By Which Personal Data Files Are Modified.

Original Language Title: Resolución de 24 de abril de 2013, de la Dirección General del Instituto para la Diversificación y Ahorro de la Energía, por la que se modifican ficheros de datos de carácter personal.

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TEXT

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 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.

Article 53.1 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, provides that when the provision is made refers to entities or bodies linked to or dependent on the General Administration of the State, the form of a ministerial order or the resolution of the holder of the entity or body concerned shall be covered.

The Resolution of October 25, 2012, of this Directorate General of the Institute for Energy Diversification and Savings (IDAE), which approves the creation of three personal data files ("BOE" No. 266, of 5 November), approved, among others, the creation of personal data files called "PIVEPUNTOSVENENTA" and "PIVEBENEFICIARIES" which need to be modified to provide for the communication or transfer of personal data contained in the In the same way in favor of the Ministry of Agriculture, Food and Environment, under the provisions of Articles 11 and 21.1 of the Organic Law 15/1999, of December 13, respectively.

Therefore, in the exercise of the powers provided for in Article 6 of Royal Decree 802/1986 of 11 April 1986 establishing the Statute of the Institute for the Diversification and Saving of Energy and for the purpose of compliance with the legal mandate of Article 20 of the Organic Law 15/1999 of 13 December on the modification of automated files containing personal data managed by the Enterprise Public Entity Institute for the Diversification and Energy Saving (IDAE), assuring stakeholders the legitimate exercise of their rights, resolve:

First.

In accordance with the provisions of article 20.2 of the Organic Law 15/1999 of 13 December, as well as Articles 53.1 and 54 of the Implementing Regulation of the Organic Law 15/1999 of 13 December 1999, Personal character approved by Royal Decree 1720/2007 of 21 December, the files are amended: "PIVEPUNTOSVENENTA" and "PIVEBENEFICIARIES", described in the Annex, and created by Resolution 25 October 2012, of this Directorate General of the Institute for the Diversification and Saving of Energy, for which the creation of three personal data files. ("BOE" No. 266, 5 November).

Second.

The automated files described in the Annex shall be governed by the general provisions detailed and subject, in any case, to the applicable laws and regulations of higher rank.

Third.

The liability for the files described in the Annex shall be the responsibility of the Enterprise Public Entity for Energy Diversification and Saving (IDAE).

Fourth.

The IDAE shall take the necessary management and organizational measures, ensuring, in any case, the confidentiality, security and integrity of the data, as well as the conduct of the guarantees, rights and obligations recognised in Organic Law 15/1999 of 13 December and its implementing rules.

Fifth.

Personal data recorded in the files described in the Annex shall only be used for the purposes expressly provided for and by duly authorized personnel.

Sixth.

The holders of personal data contained in the files described in the Annex may exercise their rights of access, rectification and cancellation of data, where appropriate, to the General Secretariat of the Institute for Energy Diversification and Saving (IDAE).

Seventh.

This resolution shall have effect from the day following that of its publication in the "Official State Gazette".

Madrid, April 24, 2013. -Director General of the Institute for Energy Diversification and Savings, Fidel Pérez Montes.

ANNEX

file: PIVEPUNTOSVENE

File for the collection and processing of data pertaining to the vehicle points of sale that apply to the efficient vehicle incentive aid program (PIVE), in accordance with the Resolution of the Council of Management of the Institute for Energy Diversification and Savings of 24 September 2012, published by Resolution of 28 September 2012, of the Ministry of Energy, Energy and Tourism, Ministry of Energy ("BOE") No 235, of September 29; correction of errors in ("BOE" No. 237, 2 October).

1. Body responsible for the file: Enterprise Public Entity Institute for Energy Diversification and Savings (IDAE).

2. Purpose of the file and intended uses for the file: Manage the information provided by the vehicle sales points that apply for their adherence to the efficient vehicle incentive support program (PIVE).

3. Persons or groups on whom data of a personal nature are intended to be obtained or which are obliged to supply them: points of sale of vehicles and/or their legal representatives.

4. Procedure for the collection of personal data: The data shall be provided by the subjects themselves by means of declarations and/or forms to the effect.

5. Basic structure of the file and description of the types of personal data included in them: The basic structure of this file will be constituted by a multitable database in which the following data are collected identification: N.I.F. and/or D.N.I., social reason or trade name and/or name and surname of representative, address, telephone, fax, e-mail, signature/fingerprint and bank account.

Treatment System: Mixed.

6. Transfers of data to be provided: Ministry of Agriculture, Food and Environment in accordance with Article 11 of Organic Law 15/1999 of 13 December on the Protection of Personal Data.

7. International transfers of data to be provided: This data is not intended to be transferred to third countries.

8. Body to which the exercise of the rights of access, rectification, cancellation and opposition can be requested: General Secretariat of the Institute for the Diversification and Saving of Energy (IDAE).

9. Security measures with indication of the basic, medium or high level of demand: The security measures to be applied are those defined for the basic level.

10. In charge of the treatment: Institute for the Diversification and Saving of Energy (IDAE) and Systems Engineering for the Defense of Spain, S.A. (ISDEFE).

PIVEBENEFICIARIES file

File for the collection of data corresponding to the applicants and potential beneficiaries of the aid granted under the programme of incentive aid to the efficient vehicle (PIVE), in accordance with the Resolution of the Board of Directors of the Institute for Energy Diversification and Savings of 24 September 2012, published by Resolution of 28 September 2012, of the Ministry of Energy of the Ministry of Energy Industry, Energy and Tourism ("BOE" number 235, 29 September; correction of errors in "BOE" number 237, 2 October).

1. Body responsible for the file: Enterprise Public Entity Institute for Energy Diversification and Savings (IDAE).

2. Purpose of the file and intended uses for the file: Manage the information communicated by the points of sale of vehicles attached to the program of incentives to the efficient vehicle (PIVE), corresponding to the applicants and potential beneficiaries of aid.

3. Persons or groups on whom data of a personal nature are intended to be obtained or which are obliged to supply them: Applicants and potential beneficiaries of the aid granted under the scheme of incentive aid to the vehicle efficient (PIVE).

4. Procedure for the collection of personal data: The data recorded shall be provided by the persons themselves to the points of sale of vehicles attached to the PIVE program by the completion of declarations and/or forms to the effect.

5. Basic structure of the file and description of the types of personal data included in them: The basic structure of this file will be constituted by a multitable relational database in which the following data are collected identification: personal data of applicants and potential beneficiaries of aid (DNI or N.I.F., social reason or trade name or first and last name, telephone number, contact email, fax, full postal address, firm/footprint).