The right of petition, recognized as a fundamental right of citizens by the Spanish Constitution in its article 29 and regulated by Law 4/2001, of November 12, regulating the Right of Petition, configures as a right that allows these to make requests to any public institution, administration or authority. Requests may relate to any matters or matters falling within the scope of the addressee's competence.

While paragraph 1 of that constitutional article requires that the right of petition must be exercised in writing, in the form and with the effects determined by law, the written requirement is not necessarily that of a petition formulated by the postal mail system or presentation in the register of the administrative body concerned.

Thus, the Organic Law 4/2001, of November 12, develops this fundamental right and in its article 4.1 allows the written formalization of the petition through the use of any means, even of electronic character that allows accredit their authenticity.

Subsequently, Law 11/2007, of 22 June, of electronic access of citizens to Public Services, recognizes citizens the right to engage with public administrations using electronic means to the exercise of rights.

To do this, the processing of this right requires an automated file that must comply with the provisions of Article 5 of the Organic Law 15/1999, of December 13, of Protection of Personal Data, on the duty informing citizens about the incorporation of their personal data into a file indicating the name and ownership of the file.

In this sense, Article 20.1 of the Organic Law 15/1999, of December 13, provides that the creation, modification or deletion of the files of public administrations can only be done by means of general provision published in the Official Journal of the State or Official Journal.

To comply with this article and in order to complete the relationship of files with personal data managed by the Ministry of Health, Social Services and Equality, it is necessary to modify the Order of 21 July 1994 regulating the files with personal data managed by the Ministry of Health and Consumer Affairs, creating a new file by this order that will allow the management of personal data natural or legal persons exercising the right of petition to the Ministry of Health, Social Services and Equality.

In the processing of this order, the Spanish Data Protection Agency has issued a mandatory report.

In its virtue, I have:

Article 1. Creating a file.

The contents of Annex 2 "Administrative Character Ficheros" of the Order of 21 July 1994, which regulate the files with personal data managed by the Ministry of Health and Consumer Affairs, is extended. including a new automated file called "Right of Petition", the characteristics of which are detailed in the Annex.

Article 2. Management and organization measures.

The head of the body responsible for this file shall, under the top management of the person holding the Ministry of Health, Social Services and Equality, adopt the necessary management and organisational measures, ensuring, in any case, the confidentiality, security and integrity of the data, as well as the conduct to make effective the guarantees, obligations and rights recognized in the Organic Law 15/1999, of December 13, of Data Protection Personal character, and Royal Decree 1720/2007 of 21 December 2007 approving the Regulation for the development of the Organic Law 15/1999 of 13 December on the protection of personal data.

Article 3. Data cession.

The data contained in this file may only be transferred in the cases expressly provided for by law.

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, 8 September 2015.-The Minister of Health, Social Services and Equality, Alfonso Alonso Aranegui.

ANNEX

Deputy Secretary for Health, Social Services and Equality-General Assistant to the Citizen

Name of file: "Right of Request".

Purpose of the file: management of personal data of natural or legal persons exercising the right of petition to the Ministry of Health, Social Services and Equality.

Persons or collectives on which they are intended to obtain personal data or which are obliged to supply them: natural or legal persons exercising the right of petition to the Ministry of Health, Services Social and Equality.

Personal data collection procedure: directly from the petitioners, through paper forms and electronic means.

Transfer of personal data and/or data transfers to third parties: the data provided by the petitioners in the file "Right of Petition" may be sent to other administrative units of the Ministry Health, Social Services and Equality. Where the matter or subject matter of the request made by the petitioner is not within the competence of the Ministry of Health, Social Services and Equality, they shall be referred to the institution, administration or body which is Ministry estimate that he is the competent.

Services or units to which the right of access, rectification, cancellation and opposition may be exercised: Subdirectorate General of Attention to the Citizen. Ministry of Health, Social Services and Equality, Paseo del Prado, numbers 18-20, 28014 Madrid.

Security measures with level indication: basic.

Basic file structure: database. Automated information system.

Personal data included in the file: social reason, first and last name, NIF/NIE/passport, nationality, address, email account, images.

Body responsible for the file: Health, Social Services and Iguald-Subsecretary General for Citizen Care.