Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9721
Law 11/2007, of 22 June, electronic access of citizens to public services (LAECSP), contains, in articles 24, 25 and 26, a new regulation of electronic records, and the Royal Decree 1671 / 2009, dated November 6, whereby the Act is partially developed regulates, in its title IV conditions for the creation and operation of electronic records.
Order DEF/2416/2005, of 18 July, by which establish general processing criteria telematics of certain procedures by the Ministry of Defense and Government agencies attached to the Department and creates an electronic register for submission of briefs and requests, constitutes the normative instrument that regulates the electronic register and the submission of applications so far , writings and documents addressed to the Ministry of defence via telematics.
Although the LAECSP provides, in its sole transitory provision, existing electronic records to the entry into force of the law will be considered electronic records, the best application of the provisions contained therein and in the Royal Decree 1671 / 2009, dated November 6, as well as the incorporation of more recent experience to improve both services to citizens and security telematics relations with these they need to have a new order governing the operation of the Central electronic registry of the Ministry of defence.
This ministerial order during processing was submitted to the Ministerial Committee on electronic administration of the Ministry of defence report, pursuant to the third article of the order DEF/1159/2010, of May 3, which regulates the aforementioned Commission and of the then Council of eGovernment, in accordance with what was envisaged in article 4.1. c) Royal Decree 589/2005 , May 20, which is restructuring the colleges of eGovernment.
Likewise been reported favorably by the Spanish Agency of data protection, in compliance with that stipulated in article 37.h) of the organic law 15/1999, of 13 December, of protection of data of a Personal nature.
Article 27 of the Royal Decree 1671 / 2009, dated November 6, establishes that the creation of electronic records shall be made by means of the respective Minister or resolution of the head of the public body, prior approval of the Minister of the Presidency.
Finally, the third final provision of the Royal Decree 1671 / 2009, dated November 6, establishes that existing electronic records to the entry into force of law 11/2007, of 22 June, adjusted its operation to provisions of this Royal Decree and adaptation will be made by ministerial order.
By 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 has as object the regulation of the registration electronic Central of the Ministry of defence (RECMD) from which carry out the reception and referral, by electronic means, of applications, writing and communications, as provided in article 24 of the law 11/2007, of 22 June, of electronic access of citizens to public services (in later LAECSP) , and in title IV of the Royal Decree 1671 / 2009, dated November 6, whereby the above-mentioned law 11/2007, of 22 June is partially developed.
2. the provisions of the preceding paragraph is understood without prejudice to the right of the person concerned to submit their applications, writing and communications in any of the records referred to in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, modified by Royal Decree Law 8/2011 , July 1, of support measures to the mortgagors, control of public expenditure and cancellation of debts with companies and freelancers by local institutions, fostering entrepreneurship and promoting rehabilitation and administrative simplification.
3. the RECMD will be unique for all organs of the Department, with the exception of public bodies attached to it. Such bodies may make use of the registry that regulates this order, after signing an agreement, which will be published in the «Official Gazette».
Article 2. Access to the electronic record.
1. the access to the RECMD available through electronic offices of the Ministry of defence.
2. in the electronic Department offices be informed about the systems of authentication and signature admitted for the submission of briefs to the RECMD specifying, where appropriate, services, procedures and formalities to which are applicable.
Article 3. Responsibilities and relevant bodies.
1. the management of the electronic record in the functional aspect corresponds to the Undersecretary of Defense, who shall exercise it through the General Sub-Directorate of regime inside.
2 the adoption and modification of the relationship of requests, writings and communications standard of services, procedures and specific procedures, corresponds to the Undersecretary of Defense, in accordance with provisions in the letter to) the article 24.2 of the law 11/2007, of 22 June.
3. the approval or modification of the standardized forms for applications, writing and communications, with specification of the fields of forced cumplimentación and the criteria of consistency between the data entered in the form, corresponds to managers executive bodies of the Department with competence in the matter in question.
4. the Subdirectorate-General for information technology and communications is the governing body which corresponds to manage organisational and technical means in terms of appropriate information technologies and communications to ensure the availability of technological infrastructure that supports the electronic register and the required security measures.
Article 4. Calendar, date and time.
1 RECMD will allow the submission of applications, writing and communications during the twenty-four hours of every day of the year, subject to interruptions, provided for in article 30.2 of the Royal Decree 1671 / 2009, dated November 6, when there are justified reasons of technical or operational maintenance, which will be informed on the record itself and in the electronic venues.
2 a the appropriate effects, electronic offices of the Ministry of defence show in equally prominent place: to) their procedures and formalities concerning non-working days calendar, which will be which is determined in the annual resolution published in the «Official Gazette», by the competent Ministry, for the entire national territory.
(b) the date and exact time, which will be the record date and time of the transaction in the RECMD and whose synchronization is performed according to the provisions of article 15 of the Royal Decree 4/2010, of January 8, which regulates the national interoperability scheme in the field of eGovernment.
3. the computation of time limits will be subject to the provisions of paragraphs 3 and 4 of article 26 of law 11/2007, of 22 June.
Article 5. General terms and conditions for the submission of briefs, requests and communications to the Central electronic registry of the Ministry of defence.
1 applications, writing and communications may be presented before the RECMD by interested parties or their representatives, in the terms set out in articles 30 et seq. of the law 30/1992, of 26 November.
2. the signer of the document may be credited their identity before the RECMD by electronic signature or through authorized public officials, by the procedure laid down in article 22 of law 11/2007, of 22 June.
3. the documents may be presented by representation, in accordance with the provisions of article 23 of the law 11/2007, of 22 June, and articles 13 and 14 of the Royal Decree 1671 / 2009, of 6 November.
4. the RECMD is enabled for the reception and referral of writings, applications and communications filed by electronic means with respect to the formalities and procedures in the electronic Central Headquarters of the Defense Ministry. This update will be posted on the electronic headquarters of the Department together with the corresponding models normalized for each case.
5. in addition, the electronic headquarters can locate a generic form that allows the submission of applications, writings and communications not associated with standard operating procedures.
(6. any request, writing, communication or documentation presented to the RECMD not related to the formalities and procedures referred to in the preceding paragraph, shall be forwarded to persons, bodies or units concerned, on the terms laid down in article 24.2. b) of law 11/2007, of 22 June, and the Royal Decree 1671 / 2009, of 6 November.
7. the electronic documents RECMD filing may be rejected in any of the circumstances provided for in article 29.1 of the Royal Decree 1671 / 2009, of 6 November.
8. in the cases provided for in the preceding paragraph, it shall inform sender with an indication of the reasons for the refusal, and when possible, of the means of correction of these deficiencies and address that may arise.
9. when going the circumstances described, there has been the rejection automatic by the electronic register, the competent administrative authority will require the corresponding correction, noting that, of be not honored the request, the presentation will lack validity or effectiveness.
10. the electronic documents in the RECMD must comply with format standards and safety requirements laid down in the national schemes of interoperability and security.
Electronic registry will issue a receipt accrediting whose content shall conform to the provisions of article 30.3 of the Royal Decree 1671 / 2009, of 6 November.
Article 6. Means for the presentation of documentation.
1 if on the initiative of the interested parties or by reason of a previous requirement would provide documentation to a communication, written or request previously submitted, interested parties may be this contribution by any of the following means: to) by electronic means through the procedures, procedures and services, published in the electronic Department offices, for this purpose.
(b) by the means provided for in article 38.4 of law 30/1992, of 26 November.
2 when telematic presentation system does not allow to determine automatically the procedure or record to which is related the documentation provided, the person concerned must make reference to the registration code or information allowing identification.
Article 7. Protection of personal data file.
Pursuant to the provisions of article 20 of the organic law 15/1999, of 13 December, of protection of data of a Personal nature, creates the personal data file «File of the registry electronic Central of the Ministry of defence», prior favourable mandatory report of the Spanish data protection agency, whose ownership corresponds to the Under Secretary of Defense paseo Castellana 109, 28071 Madrid, valid for the purpose of the exercise by citizens of the rights provided for by the law.
Information associated with the creation of the file appears in annex I of this ministerial order.
Article 8. Electronic signature.
They will be supported electronic signature systems that are in conformity with the provisions of article 10 of the Royal Decree 1671 / 2009, dated November 6, and which are published in the electronic Department offices.
Article 9. Interoperability and security.
The RECMD shall have suitable technical and organizational means to ensure interoperability and security of the electronic record in accordance with Royal Decree 3/2010, of 8 January, by the national security scheme is regulated in the field of eGovernment, and in Royal Decree 4/2010 of 8 January by the national interoperability scheme is regulated in the field of eGovernment, and title VIII of the regulation which develops organic law 15/1999, of December 13, of protection of data of a Personal nature.
Article 10. Accessibility.
The design of the RECMD observe accessibility requirements laid down in the Royal Decree 1494 / 2007, of 12 November, which approves the regulation on basic conditions for the access of persons with disabilities to the technologies, products and services related to the information society and media. In this sense web pages related to the electronic record shall comply with priority 1 of the standard UNE 139803:2012, requirements of accessibility for content on the web, from the entry into force of the Royal Decree.
Article 11. Responsibilities of users.
Users are exclusively responsible for the custody of the elements necessary for your authentication in access to these services, the establishment of accurate connection and the use of electronic signatures, as well as of the consequences that may arise from the improper, incorrect or negligent use of the same. Also will be responsibility of the user the custody and management of the files that are returned to you by the electronic register as acknowledgement of receipt.
Sole transitional provision. Use of common electronic registration.
Hasta_que all offices of the General Administration of the State are not interconnected, communications, writings and claims referred to in article 24.2. b) of law 11/2007, of 22 June, will be accomplished through the common electronic register referred to in article 31 of the Royal Decree 1671 / 2009, of 6 November , and regulated by order PRE/3523/2009, of 29 December.
Sole repeal provision. Repeal legislation.
1 is repealed the order DEF/2416/2005, of 18 July, by which establish general criteria of processing telematics of certain procedures by the Ministry of Defense and Government agencies attached to the Department and creates a telematic register for submission of briefs and requests.
2. they are hereby repealed many provisions of equal or lower rank to oppose provisions of this ministerial order.
First final provision. Allegiance to the Central electronic registry of the Ministry of defence.
Public bodies attached to the Ministry of defence that the entry into force of this ministerial order, had already chosen to use the electronic registry of the Ministry of defence, shall be included in the RECMD which is regulated with this ministerial order.
Second final provision. Schools of development.
It empowers the Secretary of State for defence to dictate how many provisions are necessary for the development and execution of this ministerial order.
Third final provision. Entry into force.
This ministerial order shall enter into force the day following its publication in the "Official Gazette".
Madrid, September 3 2015.-the Minister of Defense, Pedro Morenés Eulate.
Annex I data file of a personal nature of the Central electronic registry of the Ministry of defence to) file and the intended uses for the same purpose: reception at the RECMD briefs, applications, communications and the supplementary information of the same; remission of the same organ or competent body. Where appropriate, consultation of registry entries electronic seats made to respond to queries about the fact of registration. For statistical purposes.
(b) persons or groups over which is intended to obtain personal data or that they are obliged to provide them: citizens or residents, applicants, staff of the Ministry of Defense and general of the RECMD users.
(c) the personal data collection procedure: the person concerned and other physical persons other than the plaintiff, or his representative, through the corresponding electronic forms.
(d) the basic structure of the file and a description of the personal data included therein: description of data types: 1 Identificativos: name, NIF/DNI, address, email, phone and electronic signature.
2. data related to the writing, request or communication submitted.
3rd data: data referred to in article 7 of the Organic Act 15/1999, of 13 December, of protection of data of a Personal nature, when they are provided by the interested party or his legal representative (incidentally provided the writings, requests or communications).
4th another data type: date and time of the Registration Act.
Treatment system: mixed.
(e) transfers of data of a personal nature and, where appropriate, data transfers that provide for third countries: they provide for transfers to other organs or bodies of the scope of the General Administration of the State, in compliance with the provisions of article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure , and the article 24.2 of the law 11/2007, of 22 June, electronic access of citizens to public services. Not be provide for international data transfers.
f) organ of the Administration responsible for file: Ministry of defence. Undersecretary of Defense.
(g) services or units to those who can exercise their rights of access, rectification, cancellation and opposition: Undersecretary of Defense, paseo de la Castellana, 109 28071 Madrid.
((h) safety measures, with an indication of the basic level, medium or high, enforceable: basic level, in application of article 81.5. b) of the regulations implementing the organic law 15/1999, of 13 December, of protection of data of a Personal nature.
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