Advanced Search

Order Def/1971/2015, Of September 16, Which Creates Files Of Personal Data Within The Scope Of The Commission For The Research Technique Of Military Aircraft Accidents.

Original Language Title: Orden DEF/1971/2015, de 16 de septiembre, por la que se crean ficheros de datos de carácter personal en el ámbito de la Comisión para la Investigación Técnica de los Accidentes de Aeronaves Militares.

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 sets out a set of measures to ensure, and protect, in the treatment of personal data, public freedoms. and the fundamental rights of natural persons, and especially their personal and family honor and intimacy.

Article 20.1 of the aforementioned law determines that the creation, modification or deletion of files of the Public Administrations may be made only by means of a general provision published in the "Official Gazette of the State" or official journal. Similarly, the additional provision of this law directs the Public Administrations responsible for files to approve the provision of the creation of such files.

In the Ministry of Defense, the Commission for the Technical Investigation of Military Aircraft Accidents, under the provisions of Royal Decree 1099/1994 of 27 May, which regulates investigations and reports technical data on military aircraft accidents, manages certain personal data in the technical investigations they carry out, in order to ascertain the causes of the events and to prevent future accidents.

The entry into force of the Implementing Regulation of the Organic Law 15/1999 of 13 December, approved by Royal Decree 1720/2007 of 21 December, obliges the Ministry of Defense to adapt the files to the provisions of this Regulation. Regulation.

Finally, in accordance with the provisions of Article 37 (1) (h) of the Organic Law 15/1999 of 13 December, this project has been previously reported by the Spanish Data Protection Agency.

In its virtue, I have:

Single item. Creating the file.

The personal data file of the Commission for the Technical Investigation of Military Aircraft Accidents, described in the annex of this order, is created.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank that are opposed to the provisions of this ministerial order are repealed.

Single end disposition. Entry into force.

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

Madrid, September 16, 2015. -Minister of Defense Pedro Morenes Eulate.

ANNEX

File of people involved in accidents

a) Finality of the file and the intended uses for it: File relating to the crew and passengers of crashed military aircraft, as well as to all those persons who may be involved in such accidents, which collects personal data necessary to clarify the circumstances in which military aircraft accidents occur, to determine the causes and to determine the consequences, as well as the preventive measures to be taken for avoid them in the future, within the plans and programs of Flight Safety.

(b) Persons or collectives on which data of a personal nature is intended to be obtained or which are required to supply them: Crew and passengers of crashed military aircraft, and third parties who may be involved in such accidents.

c) Personal data collection procedure: The data subject himself, through the periodic/extraordinary annual medical examinations in the case of the crews of the crashed aircraft. Photographs and videos obtained at the scene of the accidents. Medical reports of injuries to those affected. Reports of autopsies performed on the victims. Personal interviews with passengers and witnesses.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: Name, address, telephone, TIM/NIF/DNI/passport, voice, image, signature.

2. Academic and professional: Training, qualifications, professional experience.

3. Social Circumstances: Military situation, destination, licenses, permissions, authorizations.

4. Job Details: Destinations and military jobs of crew members up to the time of the accident, occupation and job of passengers and witnesses.

5. ° Personal characteristics: marital status, family data, place of birth, physical characteristics, age, gender, nationality.

6. Data specially protected: Reports of victims ' autopsies, and medical reports. This data shall be collected only in order to determine the causes of accidents and to take measures for their future prevention.

Treatment System: Manual:

e) Data transfers of a personal nature, and where appropriate, transfers of data that are provided to third countries: Possible transfers of personal data to judicial bodies. CITAAM does not include in the technical reports issued by an accident, the express identification of the persons involved in an accident. The reports shall be forwarded to the authorities referred to in Article 7 (3) of Royal Decree 1099/1994 of 27 May.

f) Authority of the Administration responsible for the file: Ministry of Defense. Commission for Technical Investigation of Military Aircraft Accidents.

g) Services to which the right to access rectification, cancellation and opposition can be exercised: Ministry of Defence, Headquarters of the Air Force, Commission for Technical Investigation of Accidents of Military Aircraft, Calle Romero Robledo, 8, 28071 Madrid.

h) Security measures with indication of the required level: High level.