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He right of request, recognized as right fundamental of them citizens by the Constitution Spanish in its article 29 and regulated through the law organic 4 / 2001, of 12 of November, regulatory of the right of request, is configured as a right that allows to these make requests to any institution public, administration or authority. Requests may be on any topic or matter within the sphere of competence of the recipient.
While paragraph 1 of that constitutional article stipulates that the right of petition has to be exercised in writing, in the form and with the effects that determined by law, the written requirement is not necessarily that of a request through the system of postal mail or presentation to the registry of the relevant administrative body.
Thus, the organic law 4/2001, 12 November, develops this fundamental right and in its article 4.1 allows written formalization of request using any means, including electronic character allowing to prove its authenticity.
Subsequently, the law 11 / 2007, of 22 of June, of access electronic of them citizens to them services public, recognizes to them citizens the right to relate is with them administrations public using media electronic for the exercise of those rights.
To do this, the accurate processing of this right in an automated file that must comply with the provisions of article 5 of the organic law 15/1999, of 13 December, of protection of data of a Personal nature, on the duty to inform the citizens about the incorporation of your personal data in a file indicating the name and property of the same.
In this sense, article 20.1 of the organic law 15/1999, of 13 December, has that the creation, modification or deletion of files of public administrations only may be through general provision published in the «Official Gazette» or corresponding official journal.
To comply with the provisions of that article and in order to complete files relate to personal data managed by the Ministry of health, social services and equality, is to modify the order of 21 July 1994 by which regulate files with personal data managed by the Ministry of health and consumption creating a new file that allows you to manage the data of a personal nature of physical or legal persons exercising the right of petition to the Ministry of health, social services and equality through this order.
In the processing of this order has issued report required the Agency Spanish of protection of data.
By virtue, I have: article 1. Creation of file.
Is expands the content of the annex 2 «files of character administrative» of the order of 21 of July of 1994 by which is regulate them files with data of character personal managed by the Ministry of health and consumption, including is a new file automated called «right of request», whose features are listed in the annex.
Article 2. Measures of management and organization.
The head of the body responsible for this file shall, under the higher direction of the titular person of the Ministry of health, social services and equality, management and organization that are necessary, measures ensuring, in any case, the confidentiality, security and integrity of the data, as well as the leading to effective warranties, obligations and rights established in the organic law 15/1999 , of 13 of December, of protection of data of character Personal, and in the Royal Decree 1720 / 2007, of 21 of December, by which is approves the regulation of development of it law organic 15 / 1999, of 13 of December, of protection of data of character personal.
Article 3. Transfer of data.
The data contained in this file only may be assigned in the cases expressly provided for by law.
Available end only. Entry into force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 8 of September of 2015.-the Minister of health, services social and equality, Alfonso Alonso Aranegui.
ANNEX Undersecretary of health, social services and equality – General Sub-Directorate of attention to the citizen name of the file: "Right of petition".
Purpose of the file: management of the data of character personal of them people physical or legal that exercise the right of request before the Ministry of health, services social and equality.
People or groups over which is intended to obtain personal data or that they are obliged to supply: natural or legal persons exercising the right of petition to the Ministry of health, social services and equality.
Procedure of collection of data of character personal: directly of them petitioners, through forms on paper and media electronic.
Transfer of personal data and/or data transfers providing to third parties: the data provided by the petitioners in the file "Right of petition" may refer to other administrative units of the Ministry of health, social services and equality. When the matter or matters subject to the request of the petitioner is not within the jurisdiction of the Ministry of health, social services and equality, will be sent to the institution, administration or agency that this Ministry deems that it is the competent.
Services or units to which it may exercise the right of access, rectification, cancellation and opposition: Subdirección General de citizen. Ministry of health, services social and equality, stroll of the Prado, numbers 18-20, 28014 Madrid.
Safety with level indication: Basic.
Structure basic of the file: database. Automated information system.
Personal data included in the file: business name, name and last names, NIF/NIE/passport, nationality, address, email account, images.
The responsible for the file administration organ: Undersecretary of health, social services and General attention to citizen Igualdad-subdireccion.
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