Advanced Search

Order Hap/1134/2016, Of 30 June, Amending The Order Hap/2478/2013, Of 20 December, Which Regulates Affiliated At The Department And Certain Public Bodies Personal Data Files To The...

Original Language Title: Orden HAP/1134/2016, de 30 de junio, por la que se modifica la Orden HAP/2478/2013, de 20 de diciembre, por la que se regulan los ficheros de datos de carácter personal existentes en el Departamento y en determinados organismos públicos adscritos al...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

By Order HAP/2478/2013 of 20 December 2013, which regulates the files of personal data in the department and in certain public bodies attached to it, the creation of files of personal data of the Ministry of Finance and Public Administrations, in accordance with the provisions of Article 20 of the Organic Law 15/1999 of 13 December on the protection of personal data (LOPD), and Articles 52 to 54 of the Implementing Regulation of the Organic Law 15/1999 of 13 December, adopted by Royal Decree 1720/2007 of 21 December (RLOPD).

Through the aforementioned HAP/2478/2013 Order of 20 December, files were created for the responsibility of the following management bodies: Directorate General of the Catastro; Directorate General for the Management of the Game; Directorate General of Personnel and Public Pensions Costs; Directorate-General for Budgets; Directorate-General for Community Funds; General Intervention of the State Administration; Subdirectorate-General for General Affairs and Coordination; Agency State of Public Policy Assessment and Quality of Services; Management General of the Civil Service; Directorate-General for Administrative Modernization, Procedures and Impulse of the Electronic Administration; National Institute of Public Administration (INAP); Directorate General for Coordination of Administration State peripherality; Government delegations and sub-delegations; Directorate-General for the Coordination of Competences with the Autonomous Communities and Local Entities; Subdirectorate-General for Human Resources; Delegations for Economic and Financial Affairs, General Directorate of the State Heritage and General Inspection.

In particular, under the responsibility of the Directorate-General for the Coordination of Competences with the Autonomous Communities and Local Entities, the following two personal data files were created: the Data File of the state and regional representatives in the Committees of the European Commission and the Data File of those responsible in the Committees of the European Commission.

Subsequently, by means of Royal Decree 802/2014, of 19 September, of amendment of Royal Decree 256/2012, of 23 January, for which the basic organic structure of the Ministry of Finance and Administrations is developed Public and amended Royal Decree 1887/2011, of 30 December, establishing the basic organic structure of the ministerial departments, was attributed to the Directorate General of Coordination of Competences with the Communities Autonomous and Local Entities, the function of supervision and coordination of the registry of conventions of the State public sector, in accordance with the information to be provided by the various ministerial departments and other public bodies subscribing to them in the manner determined by the Secretariat of State of Administrations. Public, without prejudice to the file and custody of the conventions by the ministerial departments and other public bodies that subscribe to them.

The creation of the register of state public sector conventions requires in turn the creation, by ministerial order, of a new data file of a personal character, in compliance with the provisions of article 20 of the Law Organic 15/1999 of 13 December and Articles 52 to 54 of the Implementing Regulation of the Organic Law 15/1999 of 13 December, adopted by Royal Decree 1720/2007 of 21 December.

Consequently, by this order, we proceed to the creation of the personal data file of the Ministry of Finance and Public Administrations which is detailed below, and in turn, in the interest of security In order to continue to bring together all the files of responsibility of that Ministry in a single standard, the Order HAP/2478/2013, of 20 December, is amended.

The new personal data creation file existing in the Ministry of Finance and Public Administrations that is created by this order is:

"Data file of the signatories of conventions and management information included in the Register of Conventions and State Public Sector (RCESPE)."

On the other hand, according to the Royal Decree 802/2014 of 19 September, it corresponds to the Directorate of Information and Communications Technologies (DTIC), and without prejudice to the competences that correspond to others bodies, the impetus of the digital administration, the rationalization of information and communications technologies in the General Administration of the State and its public bodies, as well as the planning of the consolidation of Horizontal infrastructure and services in the field of electronic administration.

In this area, the DTIC coordinates the definition, implementation and exploitation of Cl@ve, the Common Platform for Identification, Authentication and Electronic Signature through the use of concerted keys created by the Council Agreement of Ministers of 19 September 2014.

The Cl@ve system was initially put into production on the basis of the Identification and Authentication functions and for this purpose the personal data file Cl@ve was created, by Order HAP/2142/2014, 14 of November.

The data in this personal data file was consolidated together with those of other personal data files existing in the Ministry of Finance and Public Administrations and in certain organizations. public attached to it in the HAP/2503/2015 Order of 25 November, amending Order HAP/2478/2013 of 20 December 2013.

The new function incorporated into the Cl@ve system, electronic signature based on centralized certificates makes it necessary to modify the order mentioned, extending the purpose of the created file and the relationship of the organizations responsible for your treatment.

Finally, pursuant to Article 81.3 of the Implementing Regulation of the Organic Law 15/1999 of 13 December, approved by Royal Decree 1720/2007 of 21 December, the level of security of the so-called file is extended. "File of the General Archive", which is owned by the General Mutuality of Civil Servants of the State, which passes from the "Basic" security level to the "High" level of security, since such a file deals with particularly protected health data.

This order has been submitted to the previous report of the Spanish Data Protection Agency and is issued under Article 20 of the Organic Law 15/1999 of 13 December.

In its virtue, I have:

Article first. Amendment of Order PAH 2478/2013 of 20 December 2013 regulating the files of personal data in the department and in certain public bodies attached to it.

1. The following personal data file is created: "Data file of the signatories of the conventions and the management information included in the Register of Conventions and the State Public Sector (RCESPE)".

Responsible: Directorate-General for Coordination of Competences with Autonomous Communities and Local Entities.

This file shall be added to the list in Article 3 (1) as the letter "yyy)" and its contents shall be set out in Annex I in the following terms:

AUTONOMIC AND LOCAL COORDINATION GENERAL SECRETARY

name

Finality and uses

People and collectives

Data Collection Procedure

Basic structure and treatment system

Data Ceferce">

Responsables

Unit Exercise rights

Security Level

Directorate General of Competency Coordination with Autonomous Communities and Local Entities

Signatories to conventions and management procedures included in the Register of Conventions and Ends of the State Public Sector (RCESPE).

Registration and management of management agreements and agreements signed by the State Public Sector.

Signed administrative charges in the agreements and arrangements for the management of the State Public Sector. Natural persons and private legal persons who are signatories to the agreements and the management of the State Public Sector.

Fulfillment of data in RCESPE.

Identificative data listed in the pdf documents associated with each record:

First and last name, position, or public employment, occasionally the DNI, scanned handwritten signature.

Additionally, for the signatory private individuals and legal persons figure in the registry is its first and last name.

To other administrative bodies. To the Transparency Portal.

Directorate General for Coordination of Competencies with Autonomous Communities and Local Entities.

Directorate General Coordination of Competences with Autonomous Communities and Local Entities. C/ Santa Engracia 7, 28071 Madrid.

Basic.

Article 2.

Amendment of Annex I of Order PAH 2478/2013 of 20 December 2013 regulating the files of personal data in the department and in certain public bodies attached to it.

One. The description of file cl@ve of Annex I is amended, which is worded as follows:

name

Finality and uses

People and collectives

Data Collection Procedure

Basic structure and treatment system

Data Ceferce">

Responsables

Organ, ente, or administrative authority in charge of data processing

Rights exercise unit

Security

Cl@ve

Ensuring the identification of registered users and, where applicable, the authenticity and integrity of electronic documents in the relationships made by natural persons with the Administration by electronic means. Ensure the generation of a centralized electronic signature certificate, issued by the General Directorate of the Police as a Certification Service Provider. It will also allow the use of electronic certificates centralised in any electronic signature operations, based on the same, of the citizens in their relations with the Public Administrations.

Natural persons interested in using the system.

Telematically or presentially in the Registry Offices of a Public Administration in which this is provided service.

First and last name, date of birth, nationality, certificate number (NIF/NIE), support number, date of issue and date of validity of the document, postal address, telephone number and e-mail

. The_table_table_izq"> Automated Treatment System.

Administration agencies that use the "Cl@ve" system for the delivery of their services to the citizens. The relationship of these bodies will be published in the Administrative Portal. gob.es and in the electronic headquarters of the agencies in which it is applicable.

Directorate of Information Technologies and Communications.

State Tax Administration Agency.

Directorate General of Police.

Directorate of Technology Information and Communications.

Computer Science Management Social Security of the Secretary of State for Social Security.

Public entities and entities authorized by the Information and Communications Technologies Directorate to act as registry offices of the Cl@ve system.

Information and Communications Technologies Directorate, Maria de Molina Street 50, 28071, Madrid.

Basic.

Two. The security level of the MUFACE file called "General File File" in Annex I is amended, which is worded as follows:

name

Finality and uses

People and collectives

Data Collection Procedure

Basic structure and treatment system

Data Ceferce">

Responsables

Unit Exercise rights

Security Level

File File.

Managing the documentation deposited in the General Archive and which proceeds from both the Central Services and the Provincial Services.

Officials with the Special System of Social Security Civil servants of the State and beneficiaries of the same.

Transfer documentation of the services of MUFACE.

Data of an identifying character: membership number, surname and name of the mutualist and/or of its beneficiaries, identity document (DNI, NIE, passport), address, e-mail, telephone.

General data. Health data. Socio-health data. Economic and financial data; banking data. Treatment system: partially automated.

To the General Administration File when the documentation is transferred to it.

Address General of the General Mutuality of Civil Servants of the State (MUFACE).

General Mutuality of Civil Servants of the State, based in Paseo de Juan XXIII, n. º 26, Madrid.

High.

Single repeal provision. Regulatory repeal.

Paragraph 6 of the first provision of the HAP/1074/2014 Order of 24 June 2014 governing the technical and functional conditions to be met by the general point of entry of invoices is hereby repealed. electronic.

Single end disposition. Entry into force.

This provision will enter into force on the day following your publication in the "Official State Gazette".

Madrid, 30 June 2016.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.