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Royal Decree 1671/2009 of 6 November 2009, implementing Law 11/2007 of 22 June 2009 on the electronic access of citizens to public services, requires a double amendment to the effects of, on the one hand, extend the scope of the electronic registration of proxies, enabling it to allow for all types of proxy to act before the General Administration of the State and its related or dependent bodies and, on the other hand, allow the electronic certificate with security guarantees for the public employees the service of the General Administration of the State and its related or dependent public bodies, where, by reason of competence, they use classified information or are affected by public security or national defence.
As far as the first amendment is concerned, Royal Decree 1671/2009, of 6 November, Article 15 creates the electronic registration of proxies to act electronically in the General Administration of the State and its dependent or linked public bodies. Paragraph 1 of this Article limits the scope of this register to the exclusive effects of electronic action before the General Administration of the State. It is necessary to remove this limitation from the register, extending its scope to any administrative action, regardless of the channel through which it is carried out.
As for the following amendment, Law 59/2003 of 19 December of the Electronic Signature establishes in its article 4.4 that the use of electronic signatures in communications affecting classified information, public security or national defence shall be governed by its specific rules. Article 17 (3) of the same law provides that certification service providers who enter a pseudonym in the electronic certificate at the signing of the signatory must verify their true identity and keep the documentation which the accredit. Such certification service providers shall be required to disclose the identity of the signatories upon request by the judicial bodies in the performance of the duties they have attributed and in the other cases provided for in this Regulation. requires, as provided for in Article 11.2, the Organic Law 15/1999 of 13 December on the Protection of Personal Data.
In this regard, Article 13.5 of Law 59/2003 of 19 December states that certification service providers may carry out the verification actions provided for in this article by themselves or through other natural or legal persons, public or private, being responsible, in any case, for the service provider of certification. However, in accordance with the provisions of Article 22.3 of Royal Decree 1671/2009 of 6 November 2009, a certification service provider may not issue certificates of public employee by entering into a pseudonym only, which would coincide, without prejudice to the use of other identifiers, with the professional identification number of public employees affected by public security, national defence or using classified information such as the members of the public State Security Forces and Corps, Armed Forces personnel or personnel National Intelligence Center statutory.
The fulfillment of the legal functions attributed to these public institutions and agencies, as well as the use, if any, of classified information for such compliance, makes it necessary in these areas to The electronic staff at the service of those institutions is not based on an electronic certificate linked to the name of the holder and his/her national identity card number, which is currently and without any exception Article 22 Royal Decree 1671/2009, of 6 November 2009, is required.
For these reasons, it is necessary to modify this precept by adding a new paragraph allowing the use of the electronic certificate of public employee by means of a pseudonym. This reform makes it possible to issue a certificate of public employee with the obligations to disclose the true identity of the public servants and employees concerned in the event of being required by the judicial bodies in the exercise of their duties or within the meaning of Article 11.2 of the Organic Law 15/1999 of 13 December.
In its virtue, jointly proposed by the Minister of Finance and Public Administrations and the Minister of Industry, Energy and Tourism, in agreement with the Council of State and after deliberation by the Council of Ministers, at its meeting on 17 July 2015,
DISPONGO:
Single item. Amendment of Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of 22 June, of electronic access of citizens to public services is partially developed.
Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of 22 June, of electronic access of citizens to public services is partially developed, is amended in the following terms:
One. The name of Article 15 is amended and read as follows:
" Article 15. Electronic registration of proxies to act before the General Administration of the State and its related or dependent public bodies. "
Two. Article 15 (1) is amended as follows:
" 1. For the purposes of administrative action before the General Administration of the State and its related or dependent public bodies and without a public record, the electronic registration of proxies is hereby established. It may include all representations made by interested parties to third parties in order to act on their behalf before the General Administration of the State and its related or dependent public bodies. "
Three. A paragraph 4 is added to Article 22 with the following wording:
" 4. The contents specified in the preceding paragraph shall not be required for certificates used in actions carried out by electronic means affecting classified information, public security or national defence. or to other actions, in which anonymity is legally justified for its implementation. In such cases, certification service providers may enter the electronic certificate, at the request of the applicant administration, a pseudonym. These certificates shall be referred to as public employee electronic certificates with a pseudonym. They shall have the same use, capacity and functionality as the electronic certificate of public employee and at least the following content:
a) Description of the type of certificate in which the name "public employee electronic certificate with pseudonym" should be included.
(b) The name of the certificate holder, consisting of his or her professional identification number or other indicator provided by the corresponding Administration.
(c) Authority or public body in which the certificate holder provides services.
(d) The tax identification number of the public body or body in which the certificate holder provides its services.
Judicial bodies and other legitimate bodies and persons may request that the identity of the signatories with a pseudonym electronic certificate be disclosed to them in the cases provided for in Article 11.2 of the Organic Law 15/1993, of 13 December, of Protection of Personal Data. In that case, the certification service provider shall act in accordance with the provisions of Law 59/2003 of 19 December. '
Single additional disposition. No increase in public spending.
The measures contained in this royal decree will be dealt with with the personal and material resources existing in the Ministry of Finance and Public Administration, and in no case will it be able to generate an increase in public spending.
Single transient arrangement. Adequacy of the technological systems.
The adaptation of existing technological systems to the entry into force of this royal decree will be carried out within twelve months of the entry into force.
Final disposition first. Enabling competency title.
The present royal decree is protected in the competition that the State attributes to article 149.1.18. of the Constitution to dictate the bases of the legal regime of the public administrations.
Final disposition second. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, on July 17, 2015.
FELIPE R.
The Vice President of the Government and Minister of the Presidency,
SORAYA SAENZ DE SANTAMARIA ANTON
