Law 11/2007, of 22 June, of electronic access of citizens to Public Services (LAECSP), contains, in its articles 24, 25 and 26, a new regulation of electronic records, and Royal Decree 1671/2009, of 6 of November, for which the aforementioned Law regulates, in its Title IV, the conditions of the creation and operation of electronic registers.

Order DEF/2416/2005 of July 18, establishing the general criteria for the telematic processing of certain procedures by the Ministry of Defense and the public bodies assigned to the department and creates a telematic register for the submission of written and applications, constitutes so far the normative instrument that regulates the electronic registration and the submission of applications, written and documents addressed to the Ministry of Defense by telematics.

Although the LAECSP provides, in its unique transitional arrangement, that the telematic registers existing at the entry into force of the Law will be considered electronic records, the best application of the forecasts contained in the In the case of the case-law of the Court of Law of 6 November 2009, and in Royal Decree 1671/2009 of 6 November 2009, as well as the incorporation of the most recent experience for the improvement of both the services provided to the citizens and the security of the telematic relations with them, they need to have a new Order regulating the operation of the Central Electronic Register of Ministry of Defense.

This ministerial order during its processing was submitted to the Ministry of Defense's Ministry of Electronic Administration's report, in accordance with the provisions of the third article of Order DEF/1159/2010, 3 of May, in accordance with what was provided for in Article 4.1.c) of Royal Decree 589/2005 of 20 May 2005 on the restructuring of the organs of the European Commission, the Council of the European Union Members of the Electronic Administration.

The Spanish Data Protection Agency has also been favourably informed, in compliance with the provisions of Article 37.h of the Organic Law 15/1999 of 13 December on the Protection of Data of Character Staff.

Article 27 of Royal Decree 1671/2009 of 6 November 2009 provides that the creation of electronic records shall be carried out by order of the respective Minister or the decision of the holder of the public body, after approval of the Minister of the Presidency.

Finally, the final provision of Royal Decree 1671/2009 of 6 November 2009 establishes that the telematic registers existing for the entry into force of Law 11/2007, of 22 June, will adjust its operation to the established in this royal decree and the adaptation will be carried out by ministerial order.

In her virtue, with the prior approval of the Vice President of the Government and Minister of the Presidency, I have:

Article 1. Object and scope of application.

1. This ministerial order aims at the regulation of the Central Electronic Register of the Ministry of Defense (RECMD) from which the reception and referral, by electronic means, of requests, writings and communications, will be carried out in the form of provided for in Article 24 of Law 11/2007 of 22 June 2007 on the electronic access of citizens to public services (hereinafter the LAECSP), and Title IV of Royal Decree 1671/2009 of 6 November 2009, for which the Cited Law 11/2007, of June 22.

2. The provisions of the foregoing paragraph are without prejudice to the right of the person concerned to submit his applications, letters and communications in any of the records referred to in Article 38.4 of Law No 30/1992 of 26 November 1992. Legal regime of public administrations and the common administrative procedure, as amended by Royal Decree-Law 8/2011 of 1 July 2011, of measures to support mortgage debtors, control of public expenditure and the cancellation of debts with enterprises and self-employed persons contracted by local authorities, promoting the activity Business and the promotion of rehabilitation and administrative simplification.

3. The RECMD will be unique to all the departments of the Department, with the exception of the public bodies attached to it. Such bodies may make use of the register regulating this order, subject to the signature of an agreement, which shall be published in the "Official State Gazette".

Article 2. Access to the Electronic Record.

1. Access to the RECMD will be available through the Ministry of Defense's electronic headquarters.

2. The electronic headquarters of the Department shall report on the authentication and signature systems admitted for the submission of written submissions to the RECMD with specification, where appropriate, of the services, procedures and formalities to which they are application.

Article 3. Responsibilities and competent bodies.

1. The management of the Electronic Registry in the functional aspect corresponds to the Deputy Secretary of Defense, who will exercise it through the General Subdirectorate of the Interior Regime.

2. The approval and modification of the relationship of applications, written and standardised communications of services, procedures and specific formalities, corresponds to the Deputy Secretary of Defense, as provided for in Article 24.2 (a) of the Law 11/2007, of June 22.

3. The approval or modification of the forms for the applications, written and standardised communications, specifying the required fields and the criteria for consistency between the data entered in the form, it is up to the managing bodies of the Department with competence in the matter in question.

4. The Directorate-General for Information and Communications Technologies is the management body responsible for managing the organisational and technical means of Information Technology and Communications to ensure the the availability of the technological infrastructure in which the Electronic Register is supported and the required security measures.

Article 4. Calendar, date, and official time.

1. The RECMD shall allow the submission of applications, written and communications during the 24-hour period of the year, without prejudice to the interruptions provided for in Article 30.2 of Royal Decree 1671/2009 of 6 November 2009, where justified reasons for technical or operational maintenance are present, which shall be reported on the register itself and on the electronic venues.

2. For appropriate purposes, the electronic headquarters of the Ministry of Defence shall display in an equally visible place:

(a) The calendar of indeft days relating to its procedures and formalities, which shall be determined in the annual resolution published in the "Official State Gazette", by the competent ministry, for the entire territory national.

b) The official date and time, which will be the date and time of the transaction in the RECMD and whose timing will be performed in accordance with the provisions of article 15 of the Royal Decree 4/2010, of 8 January, for which the National Interoperability Scheme in the field of Electronic Administration.

3. The calculation of time limits shall be carried out in accordance with Article 26 (3) and (4) of Law 11/2007 of 22 June.

Article 5. General conditions for the submission of letters, applications and communications to the Central Electronic Registry of the Ministry of Defense.

1. Applications, written and communications may be submitted to the RECMD by the persons concerned or their representatives, in the terms defined in Articles 30 and following of Law 30/1992, of 26 November.

2. The signatory of the document may accredit his or her identity to the RECMD by electronic signature or through public officials empowered by the procedure provided for in Article 22 of Law 11/2007 of 22 June.

3. The documents may be submitted by representation in accordance with the provisions of Article 23 of Law 11/2007 of 22 June, and Articles 13 and 14 of Royal Decree 1671/2009 of 6 November 2009.

4. The RECMD shall be enabled for the receipt and referral of written, requests and communications submitted by electronic means with respect to the procedures and procedures included in the Central Electronic Headquarters of the Ministry of Defense. This update will be published in the Department's electronic headquarters together with the corresponding standard models for each case.

5. In addition, a generic form allowing the submission of applications, writing and communications not associated with standard procedures may be located in the electronic venues.

6. Any application, written, communication or documentation submitted to the RECMD not related to the formalities and procedures referred to in the preceding paragraph shall be sent to the persons, bodies or units to which the address is addressed. provided for in Article 24.2.b) of Law 11/2007 of 22 June 2009 and Royal Decree 1671/2009 of 6 November 2009.

7. The submission to the RECMD of electronic documents may be rejected in any of the circumstances provided for in Article 29.1 of Royal Decree 1671/2009 of 6 November 2009.

8. In the cases provided for in the preceding paragraph, the sender shall be informed of the reasons for the rejection, and where possible, of the means of remedy for such deficiencies and address in which it may be submitted.

9. Where the circumstances described have not been met, the automatic rejection of the electronic register has not occurred, the competent administrative authority shall require the corresponding remedy, warning that, if the requirement is not met, the presentation shall lack validity or effectiveness.

10. Electronic documents presented in the RECMD shall comply with the standards of format and safety requirements that are determined in the National Interoperability and Safety Schemes.

The Electronic Registry shall issue a creditable safeguard whose content shall be in accordance with Article 30.3 of Royal Decree 1671/2009 of 6 November 2009.

Article 6. Means for submission of supplementary documentation.

1. If, on the initiative of the parties concerned, or on the basis of a prior request, documentation in addition to a previously submitted communication, written or application, the interested parties may make such a contribution, the following means:

a) By telematic means through the procedures, procedures and services, published in the electronic headquarters of the Department, to this effect.

b) Through the means provided for in Article 38.4 of Law 30/1992, of November 26.

2. Where the telematic presentation system does not permit the automatic determination of the procedure or file with which the documentation provided relates, the data subject shall refer to the registration code or the information which allow your identification.

Article 7. Personal data protection file.

In compliance with the provisions of Article 20 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, the personal data file is created. "Ministry of Defense", prior to the mandatory report of the Spanish Data Protection Agency, which is owned by the Deputy Secretary of Defense, Paseo de la Castellana 109, 28071 Madrid, valid for the purpose of the exercise by the citizens of the rights provided for by that law.

The information associated with the creation of the file is listed in Annex I of this ministerial order.

Article 8. Electronic signature.

Electronic signature systems that comply with the provisions of Article 10 of Royal Decree 1671/2009 of 6 November 2009 and which are published in the electronic headquarters of the Department shall be permitted.

Article 9. Interoperability and security.

The RECMD will have the appropriate organisational and technical means to ensure the interoperability and safety of the electronic register in accordance with the provisions of Royal Decree 3/2010 of 8 January, which regulates the National Security Scheme in the field of the Electronic Administration, and Royal Decree 4/2010 of 8 January, which regulates the National Interoperability Scheme in the field of the Electronic Administration, and Title VIII of the Regulation that develops the Organic Law 15/1999, December 13, Protection of Data of Character Staff.

Article 10. Accessibility.

The design of the RECMD will observe the accessibility requirements provided for in Royal Decree 1494/2007 of 12 November 2007, which approves the Regulation on the basic conditions for the access of persons with disabilities technologies, products and services related to the information society and social media. In this sense, the web pages related to the Electronic Registry must conform to the priority 1 of Standard UNE 139803:2012, accessibility requirements for content on the web, since the entry into force of the Royal Decree.

Article 11. The responsibilities of the users.

Users are solely responsible for the responsibility of the custody of the elements necessary for their authentication in the access to these services, the establishment of the precise connection and the use of the signature electronic, as well as any consequences that may arise from improper, improper or negligent use of the same. It will also be the responsibility of the user to ensure the proper custody and handling of the files that are returned to him by the Electronic Registry as an acknowledgement of receipt.

Single transient arrangement. Use of the Common Electronic Record.

Until all the registration offices of the General Administration of the State are not interconnected, the communications, written and requests referred to in Article 24.2.b) of Law 11/2007, of June 22, are shall carry out through the Common Electronic Register referred to in Article 31 of Royal Decree 1671/2009 of 6 November 2009 and regulated by Order PRE/3523/2009 of 29 December 2009.

Single repeal provision. Regulatory repeal.

1. Order DEF/2416/2005 of 18 July, laying down general criteria for the telematics of certain procedures by the Ministry of Defence and public bodies attached to the Department, is hereby repealed. telematic registration for the submission of written submissions and applications.

2. All provisions of equal or lower rank shall be repealed as opposed to the provisions of this ministerial order.

Final disposition first. Attachment to the Ministry of Defense's Central Electronic Register.

The public bodies attached to the Ministry of Defense that, at the entry into force of this ministerial order, would have already chosen to use the Telematics Registry of the Ministry of Defense, will be understood to be included in the is regulated with this ministerial order.

Final disposition second. Powers of development.

The Secretary of State of Defense is empowered to dictate how many provisions are necessary for the development and execution of this ministerial order.

Final disposition third. Entry into force.

This ministerial order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, September 3, 2015. -Minister of Defense Pedro Morenes Eulate.

ANNEX I

Defense Ministry Central Electronic Registry Personal Data File

(a) Finality of the file and the intended uses for it: Reception in the RECMD of writings, requests, communications and supplementary information of the same; referral thereof to the competent organ or body. Where appropriate, consult the register of electronic seats made in order to respond to queries regarding the registration. Statistical purposes.

(b) Persons or collectives on whom data of a personal nature are intended to be obtained or which are required to supply such data: Citizens or residents, applicants, Ministry of Defence personnel and users in general RECMD.

(c) Procedure for the collection of personal data: The data subject himself and other natural persons other than the affected person or his representative, through the corresponding electronic forms.

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

Description of data types:

1. Identifiers: First and last names, NIF/DNI, address, e-mail, telephone, and electronic signature.

2. Data related to the written, application or communication presented.

3. Data specially protected: Data specially protected as referred to in Article 7 of the Organic Law 15/1999, of 13 December, of Protection of Personal Data, when they are contributed by the person or his legal representative (incidentally contributed to the writings, requests or communications).

4. º Other data type: Date and time of the recording act.

Treatment system: Mixed.

(e) Data transfers of a personal nature and, where appropriate, transfers of data that are provided to third countries: transfers are provided to other bodies or bodies in the field of the General Administration of the State; compliance with the provisions of Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and Article 24 (2) of Law 11/2007, of June 22, of access Citizens ' electronic services to the Public Services. No international data transfers are foreseen.

f) Body of the responsible file administration: Ministry of Defense. Deputy Secretary of Defense.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: Deputy Secretary of Defense, Paseo de la Castellana, 109, 28071 Madrid.

(h) Security measures, indicating the basic, average or high level, payable: Basic level, pursuant to Article 81 (5) (b) of the Implementing Regulation of the Organic Law 15/1999, of 13 December, on the Protection of Data Personal Character.