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Order Ess/1222/2015, Of 22 June, Which Regulates The Social Security Board.

Original Language Title: Orden ESS/1222/2015, de 22 de junio, por la que se regula el tablón de anuncios de la Seguridad Social.

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TEXT

Order TIN/831/2011 of 8 April 2011, which regulates the board of edicts and notices of social security, was issued in application and development of the provisions laid down in paragraph 4 of the additional provision of the recast of the General Law on Social Security, adopted by the Royal Decree of Law 1/1994 of 20 June, in accordance with which the notifications of administrative acts in the field of social security which could not have been be held at the electronic headquarters of the Social Security or at the address of the person concerned one of the cases provided for in Article 59.5 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure should be carried out exclusively on the said board edictal, located in the electronic headquarters of Social Security.

Together with that main function of the edictal board for the publication of notifications, the aforementioned ministerial order has also set it up as a means to publish announcements, agreements, resolutions and communications issued by the Administration of Social Security in the exercise of its powers as well as any other information of general interest of such administration.

The legal provision to which the Order of 8 April 2011 has been complied with, has subsequently been affected by Law 15/2014 of 16 September 2014 on the rationalization of the Public Sector and other reform measures. Article 25 is amended by Article 59 (5) and two new provisions are introduced, the additional twenty-first and the third transitional provisions, in Law No 30/1992 of 26 November 1992, in order to implement a single and single European free of charge through the "Official State Gazette" to notify the administrative acts of all public administrations in the cases referred to in Article 59.5, with effect from 1 June 2015.

This has led to the adaptation of the regulation contained in paragraph 4 of the additional provision of the recast text of the General Law on Social Security, made pursuant to the final provision Two of Law 34/2014 of 26 December 2014 on measures in the field of the settlement and entry of social security contributions, so that, as of 1 June 2015, notifications of administrative acts in the field of social security Social security which cannot be carried out in the cases provided for in Article 59 (5) of Law No 30/1992 of 26 May 1992. November, in any case, should be practiced by means of an advertisement published in the "Official State Gazette", rather than on the board of edicts and announcements of Social Security.

Without prejudice to the proposed reform, the use of the board already operational in the electronic headquarters of the Social Security has been preserved in the same paragraph 4 as a means for the publication of the notices, agreements, resolutions, communications and any other information from the Social Security Administration not affected by the cases in which the notifications are to be made on the single board located in the Official Gazette, thereby making it possible to The term "Social Security" bulletin board and the publication in the the same shall be carried out on the terms to be determined by order of the Ministry of Employment and Social Security.

In order to comply with this last legal mandate, this order regulates the object, characteristics, management and functioning of the Social Security bulletin board and the management of the publications to be carried out in it. Such regulation also entails the need to modify the current personal data file "table of edicts and social security announcements" created by Order TIN/831/2011, of 8 April, which happens to constitute the new file "Social Security bulletin board".

This order has been favourably informed by the Ministry of Employment and Social Security's Ministerial Committee on Digital Administration, in accordance with the provisions of Article 2.2.f of Order TIN/3155/2011 of 8 November 2011, regulating its composition and functions, in relation to what is provided for in the additional provision second to Royal Decree 806/2014 of 19 September 2014 on the organisation and operational instruments of information technology and the communications in the General Administration of the State and its public bodies.

It has also been favourably informed by the Spanish Data Protection Agency, in accordance with the provisions of Article 5.b) of the Statute of the Agency, approved by Royal Decree 428/1993 of 26 March.

This order is made in use of the privileges conferred on the effect by the additional provision quincuagesima.4 of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 of June.

In its virtue, after the approval of the Minister of Finance and Public Administrations and in agreement with the State Council, I have:

Article 1. Object.

1. The Social Security bulletin board will serve as a means of publishing the notices, agreements, resolutions and communications issued by the Social Security Administration in the exercise of its powers, and any other information of general interest of that administration, as referred to in the second subparagraph of paragraph 4 of the additional provision of the recast text of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994, 20 June.

Such publication shall be complementary to those acts in which a rule requires publication by other means.

2. The publication on the Social Security bulletin board shall be considered official and authentic, in accordance with the rules and conditions laid down in this order.

Article 2. Subjective scope.

For the purposes of this order, the whole of the Directorates-General, the managing entities and the common services included in the field of application of the electronic headquarters of the Secretary of State for Social Security, in accordance with Article 2.a) of Order TIN/1459/2010, of 28 May, the creator of that seat.

Article 3. Features of the Social Security bulletin board.

1. The Social Security bulletin board will be unique for the entire Social Security Administration, will have digital format and will conform to the specifications set forth in this order, as well as the conditions set forth in the Law. 11/2007, of June 22, electronic access of citizens to Public Services, and in their development regulations.

2. The board shall be accessible 24 hours a day and free of charge at the electronic seat of the Secretariat of State for Social Security, in accordance with the terms set out in Article 10.

3. The publication on the Social Security bulletin board will respect the principles of accessibility and ease of use, in accordance with the rules established in this regard, and will use standards that are widely used by citizens with a constant adaptation to technological progress.

In particular, it will have the conditions of accessibility that will facilitate its consultation by persons with disabilities or elderly persons, in accordance with the provisions of the Regulation on the basic conditions for access to persons with disabilities to the technologies, products and services related to the information society and social media, approved by Royal Decree 1494/2007 of 12 November.

Article 4. Assurances from the Social Security bulletin board.

Corresponds to the Social Security Information Management:

(a) Ensure the availability of the Social Security bulletin board as well as the authenticity and integrity of the content that is published in it, through the use of the related electronic signature systems in the Articles 18 and 19 of Law 11/2007, of 22 June.

b) Vellar to meet the accessibility conditions required for consultation by persons with disabilities or older people and their permanent adaptation to technological progress.

c) To publish the practices and procedures necessary for the effectiveness of the provisions of this article in the electronic headquarters of the Secretariat of State of Social Security.

d) Ensure the generation of electronic evidence to enable the date and time of publication in the bulletin board of the Social Security of the ads and other acts and information to be established, for the purposes of their timely Subsequent accreditation.

Article 5. Characteristics of the advertisements and other acts and information to be published.

1. The heading of each notice and the other acts and information referred to in Article 1.1 shall

:

a) The shield of Spain.

b) The name "Social Security bulletin board".

c) The Social Security bulletin board logo, which will be "TANUSS".

d) The page number.

In each notice and other acts and information, the identification of the organ or unit issuing it and ordering its publication shall also appear in accordance with Article 6.

2. Notices and other acts and information shall also contain a representation of the electronic signature made on the occasion of their publication on the Social Security bulletin board, which shall be visible both in electronic form and in paper and which shall include at least the identification of the signatory organ or unit and the date on which such publication occurred.

Article 6. Competence to sort the publication.

The general addresses of the Secretariat of State of Social Security and the central and provincial organs and units of the management entities and common services of the Social Security attached to the Ministry of Social Security The Secretary of State, who in accordance with their respective powers are entitled to the issue of the notices and other acts and information referred to in Article 1.1, shall be competent to order their publication on the board of Social Security announcements.

Article 7. Responsibility for the content.

They shall be responsible for the content of the notices and other acts and information made available to the citizens on the board, the holders of the issuing bodies and units of the act published.

Article 8. Competence for publishing.

The publication of the notices and other acts and information referred to in Article 1.1 shall be the responsibility of the Management of Social Security Informatics, in exercise of its competence for the technological management of the headquarters State Secretary of State for Social Security.

Article 9. Deadlines and effects of publication.

The time limit for publication or exposure, where appropriate, and the possible effects of the publication of the notices and other acts and information referred to in Article 1.1 shall, in each case, be determined by the body responsible for order their publication.

Article 10. Citizens ' access to the Social Security bulletin board.

1. The citizens ' access to the Social Security bulletin board, through the electronic headquarters of the Secretariat of State of Social Security, will not require any identification.

The location of the advertisements and other acts and information that are published in it, as well as their recovery and printing, will be carried out through an advanced search system that will have the necessary mechanisms to avoid the indexing and automatic retrieval of publications through search engines from the Internet.

2. The public and free consultation of the Social Security bulletin board will be facilitated in all public service offices of the Social Security Administration.

Additional disposition first. Protection of personal data.

1. The operation, management and publication of advertisements and other acts and information in the bulletin board of Social Security shall be in accordance with the provisions of the Organic Law 15/1999 of 13 December on the Protection of Data of Character Personal, in its implementing regulation, approved by Royal Decree 1720/2007, of 21 December, as well as in the rest of the regulations that apply to it.

2. For the purposes of the above provisions, the Secretary of State for Social Security shall be responsible for the file.

Each of the Directorates-General, Management Entities and Common Services referred to in Article 2 shall be responsible for the processing of the data relating to the notices and other acts and information whose publication on the board is ordered by its central or provincial organs and units.

Additional provision second. Modifying the personal data file.

The personal data file "board of edicts and social security announcements", created by Order TIN/831/2011 of 8 April, is amended to be called "Social Security Bulletin Board" and whose characteristics are listed as an annex to this order.

Additional provision third. Implementation of the Social Security bulletin board.

The effective implementation of the publication in the bulletin board of the Social Security of the notices and other acts and information referred to in Article 1.1, issued by the Social Security Administration of its powers, the day of entry into force of this order shall take place.

Single repeal provision. Regulatory repeal.

Order TIN/831/2011 of 8 April 2011, which regulates the board of edicts and notices of social security, and how many provisions of equal or lower rank are opposed to what is established in this order.

Final disposition first. Competence title.

This order is dictated by the provisions of article 149.1.17. of the Spanish Constitution, which attributes to the State exclusive competence in matters of the economic regime of Social Security.

Final disposition second. Application and development powers.

The Secretary of State for Social Security is hereby authorized to make any provisions necessary for the development and execution of the provisions of this order.

Final disposition third. Entry into force.

This order will take effect on the day of its publication in the "Official State Gazette".

Madrid, June 22, 2015. -Minister of Employment and Social Security, Fatima Banez García.

ANNEX

Name of file: "Social Security bulletin board"

Purpose of the file and intended uses: Management of the publication of notices, agreements, resolutions and communications issued by the Administration of Social Security, as well as any other information of general interest of that administration, on the Social Security bulletin board.

Persons or collectives from whom data are obtained or who are required to supply data: Interested to whom the ads and other acts and information to be published relate.

Data Collection Procedure: Procedures in which ads are issued or issued, and other acts and information to be published.

Basic structure of the file and description of the data collected: Data contained in the ads and other acts and information to be published; first and last names of the data subjects and, if applicable, DNI, NIE or CIF.

Treatment system: Automated.

Predicted data: The announcements and other acts and information shall remain accessible to third parties during the time period in which they are published.

Planned international transfers: Not expected.

Body responsible for the file: Secretary of State for Social Security.

Authority to which the rights of access, rectification, cancellation and opposition may be exercised: Secretary of State for Social Security, Calle Agustín de Bethencourt, 4, 28003 Madrid.

Security level: Average level.