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Order Ssi/1376/2015, Of 29 June, That Amending The Order Of 21 July 1994, Which Regulates The Files With Personal Data Managed By The Ministry Of Health And Consumption.

Original Language Title: Orden SSI/1376/2015, de 29 de junio, por la que se modifica la Orden de 21 de julio de 1994, por la que se regulan los ficheros con datos de carácter personal gestionados por el Ministerio de Sanidad y Consumo.

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TEXT

By the Order of 21 July 1994, in which files are regulated with personal data managed by the Ministry of Health and Consumer, compliance with the provisions laid down in the second provision, 2 of the Organic Law 5/1992, of October 29, regulating the automated processing of personal data.

Article 20.1 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, provides that the creation, modification or deletion of the files of the Public Administrations may be made only by means of general provision published in the Official Journal of the State or Official Journal.

Since its publication, the Order of 21 July 1994 has been the subject of numerous amendments and updates, and it is now necessary to amend it. In accordance with all of the above, it is necessary, in this order, and after reporting by the Spanish Agency for Data Protection, to create a new data file of a personal character called "System of notification of incidents". aquatic (AQUATICUS) '. This file will allow the notification and registration, by the Autonomous Communities and Cities of Ceuta and Melilla, of the situations of incidence that occur in swimming pools as well as in other bathing areas and other aquatic environments.

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, for which files are regulated with personal data managed by the Ministry of Health and Consumer Affairs, are extended, with the the creation of a new, automated file called "Waterway Notification System (AQUATICUS)", the data of which are listed in the Annex to this order.

Article 2. Managing and organizing the file.

The head of the Directorate-General for Public Health, Quality and Innovation, the body responsible for this file, will adopt, under the top management of the head of the Ministry of Health, Social Services and Equality, the management and organisation measures necessary, ensuring, in any case, the confidentiality, security and integrity of the data, as well as the conduct of the guarantees, obligations and rights recognised in the Organic Law 15/1999, of 13 December, of Protection of Personal Data, in its Development Regulation approved by Royal Decree 1720/2007 of 21 December and other implementing rules.

Article 3. Use of the data contained in the file.

Personal data recorded in the file listed in the Annex shall only be used for the purposes expressly provided for, and by duly authorized personnel.

Article 4. Data cession.

The data contained in these files 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, June 29, 2015. -Minister of Health, Social Services and Equality, Alfonso Alonso Aranegui.

ANNEX

General Directorate of Public Health, Quality and Innovation

Filename: "Water Incident Notification System (AQUATICUS)".

Purpose and intended uses: to facilitate compliance with the obligation to notify the situations of incident in swimming pools and to permit the recording of the situations of incidence that occur in swimming pools. Article 13 of Royal Decree 742/2013 of 27 September 2013 laying down the technical and health criteria for swimming pools refers to situations of incidence in swimming pools and in Article 13 (4). The competent authority shall notify the Ministry of Health, Social Services and Equality within one month. The notification shall be made by electronic means or electronic communication through the website of the Ministry of Health, Social Services and Equality and shall contain the information described in Annex V. '

In addition, this notification system will allow the recording of incident situations occurring in other bathing water areas and other aquatic environments, which the autonomous communities and autonomous cities want notify on a voluntary basis.

Persons or collectives on which personal data is intended to be obtained: persons who have suffered some type of incidence in a swimming pool and persons who have suffered some type of incidence in another bathing area or other aquatic environment.

Provenance and procedure for the collection of personal data: The data, for each of the incidents, will be communicated by the Autonomous Community or Autonomous City where the incidence has taken place, through the persons authorised for that purpose. The introduction of data, by autonomous communities or autonomous cities, will be done by means of a web form, in the AQUATICUS application.

Basic file structure: Database.

Personal data included in the file: The file contains, for each incident, the following data: Autonomous Community or Autonomous City; province; municipality; type of swimming pool or water zone Bathing water or aquatic environment; name of the swimming pool, bathing water area or aquatic environment; postal address; type of incidence; date of incidence; number of affected; gender; age; actions; activity taking place at the time of the event. incidence; intervention; other data related to the incident; monitoring of the incident and outcome.

The database also includes the relationship of professionals, autonomous communities or cities of Ceuta and Melilla, authorized to make notifications of the aforementioned incidents.

Transfer of personal data and/or data transfers to third countries: The data are provided by the designated persons of the Autonomous Communities or Cities of Ceuta and Melilla; these persons may access only the data that has been contributed from the autonomous community or autonomous city that you have designated them.

Responsible for the file: General Directorate of Public Health, Quality and Innovation. Deputy Director General for Health Promotion and Epidemiology. Paseo Prado, 18-20. 28071 Madrid.

Services to which the right of access, rectification, cancellation and opposition may be exercised: Subdirección General de Promoción de la Salud y Epidemiology-Dirección General de Salud Pública, Equalidad e Innovación, Ministry of Health, Social Services and Equality. Paseo del Prado, 18-20. 28071 Madrid.

Security Measures with Level Indication: High Level.

Treatment system: Automated.