Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7710
By order of 21 July 1994, which regulates the files with personal data managed by the Ministry of health and consumption, compliance was given to provisions of the second additional provision, 2 of the organic law 5/1992 of 29 October, regulating the automated treatment of the personal data.
Article 20.1 of the organic law 15/1999, of 13 December, of protection of data of a Personal nature, provides 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.
Since its publication, the order of 21 July 1994 has been subject to numerous modifications and updates, now being necessary to proceed to a new amendment. In accordance with the foregoing is, by this order, and following a report from the Spanish Agency of data protection, the creation of a new file of personal character data called 'Aquatic incidents (AQUATICUS) notification system'. This file will allow the notification and registration, part of the autonomous communities and cities of Ceuta and Melilla, situations of incidence occurring in pools as well as in other areas of bath and other aquatic environments.
By virtue, I have: article 1. Creation of file.
Expands the contents of the annex 2 «administrative files' of the order of 21 July 1994, which regulates the files with personal data managed by the Ministry of health and consumption, with the creation of a new, automated file, called "Aquatic incidents (AQUATICUS) notification system» whose data are contained in the annex to this order.
Article 2. Management and organization of the file.
The titular person of the General Directorate of public health, quality and innovation, responsible for this file, shall, under the higher direction of the titular person of the Ministry of health, social services and equality, the measures of management and organization that are necessary, ensuring, in any case, the confidentiality, security and integrity of the data, as well as the leading to enforce the guarantees , obligations and rights established in the organic law 15/1999, of 13 December, of protection of data of a Personal nature, in its regulation of development approved by Royal Decree 1720 / 2007, of 21 December, and other standards development.
Article 3. Use of the data contained in the file.
The personal data registered in the file related only Annex will be used for the purposes expressly provided for and by duly authorized personnel.
Article 4. Transfer of data.
The data contained in these files only may be assigned in the cases expressly provided for by law.
Sole final provision. Entry into force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, June 29, 2015.-the Minister of health, social services and equality, Alfonso Alonso Aranegui.
Annex DG public health, quality and innovation-name of the file: 'Aquatic incidents (AQUATICUS) notification system'.
Purpose and intended use: facilitate the fulfilment of the obligation to report situations of incidence in pools and allow the registration of situations of incidence that occur in these. Article 13 of Royal Decree 742/2013, 27 September, establishing the technical-sanitary criteria of pools, refers to situations of incidence in pools and in article 13.4 refers that "the competent authority must notify, within a maximum period of one month, the Ministry of health, social services and equality. «Notification will be done 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 registration of situations of incidence that occur elsewhere in bathing water and other water bodies that, the autonomous communities and autonomous cities, want to notify voluntarily.
People or groups on which it intends to obtain personal data: people who have had some type of impact in a pool and people who have had some sort of impact on another bathing area or other aquatic environment.
Origin and procedure of collection of personal data: the data, each of the incidents, will be communicated by the autonomous region or autonomous city where took place the incidence, by persons authorized for this purpose. The introduction of data by the autonomous communities and autonomous cities, will be through a web form application AQUATICUS.
Basic structure of the file: database.
Personal data included in the file: the file contains, for each of the incidents that occurred, the following data: autonomous region or autonomous city; province; municipality; type of swimming pool or water bath or aquatic area; name of the swimming pool, water bath or aquatic environment; postal address; type of incident; date of incidence; number of people affected; sex; age; actions; activity that unfolded when occurred the incidence; intervention; further details related to the incident; monitoring of the incidence and outcome.
Database also includes the relationship professional, the autonomous communities and cities of Ceuta and Melilla, authorized to carry out the above-mentioned incident notifications.
Transfer of personal data and/or data transfers that provide for third countries: data are provided by the appointees of the autonomous cities of Ceuta and Melilla; These people can only access exploit the data that have contributed the autonomous region or autonomous city which has appointed them.
Responsible for the file: Directorate-General for public health, quality and innovation. Subdirectorate General of health promotion and epidemiology. Paseo Prado, 18-20. 28071 Madrid.
Services to which it may exercise the right of access, rectification, cancellation and opposition: General Subdirectorate of health promotion and epidemiology - General direction of public health, quality and innovation, Ministry of health, social services and equality. Paseo del Prado, 18-20. 28071 Madrid.
Safety measures with level indication: high level.
Treatment system: automated.
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