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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6993

The order TIN / 831 / 2011, of 8 of April, by which is regulates the plank of edicts and ads of the safety Social, is issued in application and development of it established by the paragraph 4 of the available additional fifty of the text consolidated of the law General of it security Social, approved by the Real Decree legislative 1 / 1994 on June 20, according to which notifications of administrative acts issued in the field of Social security that would have been able to not be performed in the electronic Social Security Office or the domicile of the interested party because one of the cases provided for in article 59.5 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure would they practice exclusively on the referred edictal Bulletin Board, located in the electronic Social Security headquarters.

Along with the main function of the edictal plank for the publication of notices, the above-mentioned ministerial order has also set up it as a means to publish announcements, agreements, resolutions and communications issued by the Social Security Administration exercise its competences as well as any other information of general interest of that administration.

It forecast legal to which has given compliance the order TIN / 831 / 2011, of 8 of April, has result subsequently affected by the law 15 / 2014, of 16 of September, of rationalization of the Sector public and other measures of reform administrative, in whose article 25 is modifies the article 59.5 and is introduced two new provisions, the additional twenty first and the transient third in law 30/1992, of November 26, in order to implement an edictal plank only and free through the "official State Gazette" to notify the administrative acts of all public administrations in the cases referred to in the aforementioned article 59.5, with effect from 1 June 2015.

This has led to the adaptation of the regulation contained in the referred (4) of the fifty additional provision of the consolidated text of the General Social Security Act made under the third final provision. Two of the law 34 / 2014, of 26 of December, of measures in matter of liquidation e income of quotas of it security Social, so also starting from the 1 of June of 2015 them notifications of them acts administrative in matter of Security Social that not is can perform in them alleged intended in the article 59.5 of the law 30 / 1992 November 26, they will have to practice is, in any case, by means of a notice published in the «Official Gazette», rather than on the Bulletin Board of edicts and Social Security ads.

Without prejudice of the reform designated, in the same paragraph 4 is has preserved it use of the plank already operating in it headquarters electronic of it security Social as medium for the publication of them ads, agreements, resolutions, communications and any others information of it administration of it security Social not affected by them alleged in that them notifications have of practice is in the plank edictal only located in the cited newsletter official thus changing its name to Bulletin Board of Social Security and anticipating that publications in the same shall be made in the terms to be determined by order of the Ministry of employment and Social Security.

To comply with this latest legal mandate, through this order object, characteristics, management and operation of the Social Security Board and the management of the publications are regulated to be in it. Such regulation also entails the need to modify the current file of data of character personal «plank edicts and Social Security announcements» created by the order TIN/831/2011, on 8 April, which happens to constitute the new file «Social Security Board».

(This order has been informed favorably by the Commission Ministerial of Administration Digital of the Ministry of employment and safety Social, according to it willing in the article 2.2. f) of the order TIN / 3155 / 2011, of 8 of November, by which is regulate its composition and functions, in relation to it planned in the available additional segunda.1 of the Real Decree 806 / 2014 on organization and operational instruments of the information technologies and communications in the General Administration of the State and its public agencies, September 19.

(Also has been informed favorably by the Agency Spanish of protection of data, in accordance with it willing in the article 5.b) of the Statute of the cited Agency, approved by the Royal Decree 428 / 1993, of 26 of March.

This command is run at the limits of the powers conferred on the effect by the additional provision quincuagesima.4 of the consolidated text of the General Law on Social Security, approved by Royal Decree legislative 1/1994 of 20 June.

By virtue of, prior approval of the Minister of finance and public administration and in accordance with the Council of State, I have: article 1. Object.

1. the Social Security Board will serve as a means of publication of announcements, 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, referred to in the second subparagraph of paragraph 4 of the fifty additional provision of the consolidated text of the General Social Security Act approved by Royal Legislative Decree 1/1994 of 20 June.

That publication will have character complementary respect to those acts in that a standard required by its publication by other media.

2. it publication in the plank of announcements of it security Social will have the consideration of official and authentic, with arrangement to them standards and conditions that is established in this order.

Article 2. Subjective scope.

For the purposes of this order, the Social Security Administration means all the Directorates-General, managing bodies and common services included in the scope of the electronic office of the Secretary of State of the Social Security, in accordance with article 2.a) order TIN/1459/may 28, 2010 creator of this seat.

Article 3. Characteristics of the Social Security Board.

1. the Social Security Board will be unique for all the of the Social Security Administration, digital format and will be adjusted to the specifications provided for in this order, as well as the conditions laid down in law 11/2007, of 22 June, of electronic access of citizens to public services, and its implementing regulations.

2. the Bulletin Board is accessible 24 hours of the day and for free on the electronic site of the Secretary of State of the Social Security, in the terms indicated in article 10.

3. the publication in the Bulletin Board of Social Security shall respect the principles of accessibility and ease of use, in accordance with the rules laid down in this regard, and will use standards that are widely used by citizens with a constant adaptation to the technological progress.

In particular, will have conditions of accessibility that will facilitate your inquiry by persons with disabilities or older, pursuant to the regulations on the basic conditions for the access of persons with disabilities to the technologies, products and services related to social media and the information society, approved by the Royal Decree 1494 / 2007 , 12 November.

Article 4. Guarantees of the Social Security Board.

Corresponds to the computer management of the Social Security: to) ensure the availability of the Social Security Bulletin Board as well as the authenticity and integrity of the content that is published, through the use of electronic signature systems related in articles 18 and 19 of law 11/2007, of 22 June.

(b) ensure that you meet the accessibility conditions for consultation by persons with disabilities or elderly and its permanent adaptation to technological progress.

(c) publish in the headquarters electronic of the Secretariat of State of the Security Social them practices and procedures necessary for the effectiveness of it intended in this article.

(d) ensure that the generation of electronic evidence allowing the confirmation of the date and time of publication in the Bulletin Board of Social Security announcements and other events and information, for the purpose of timely subsequent accreditation.

Article 5. Characteristics of ads and other acts, and information to publish.

1 in the header of each ad and other acts and information referred to in article 1(1) shall be: to) the coat of arms of Spain.

(b) the denomination «the Social Security Board».

(c) the logo of the Bulletin Board of Social Security, which will be «TANUSS».

(d) the page number.

Each ad and other acts and information shall contain, in addition, the identification of organ or unit that emits it and ordered its publication, in accordance with article 6.


2. them ads and others acts e information will contain also a representation of the signature electronic made on the occasion of its publication in the plank of ads of it security Social, that will be visible both in format electronic as in paper and that will include, unless, the identification of the organ or unit signatory and the date in that is produced such publication.

Article 6. Ability to order the publication.

Them addresses General dependent of the Secretariat of State of it security Social and them organs and units Central and provincial of them entities management and services common of it security Social attached to such secretariat of State, that of conformity with their respective competencies are entitled for the emission of them ads and others acts e information to is refers the article 1.1 shall have the jurisdiction to order their publication in the Bulletin Board of the Social Security.

Article 7. Responsibility on those contents.

They will be responsible for the content of ads and other acts and information available to citizens on the Bulletin Board, holders of the organs and units emitting published Act.

Article 8. Competition for publication.

The publication of ads and other acts and information referred to in article 1(1) shall be responsible for the management of Informatics of the Social Security, in the exercise of its competence for the management of the electronic office of the Secretary of State of the Social Security.

Article 9. Terms and effects of the publication.

The term of publication or exhibition, in his case, and the possible effects of the publication of advertisements and other acts and information referred to in article 1(1) shall be, in each case, those who determine the competent body to order its publication.

Article 10. Access of the citizens to the plank of announcements of it security Social.

1 access of citizens to the Bulletin Board of the Social Security, through the electronic office of the Secretary of State of the Social Security, will not require any identification.

The location of ads and other acts and information published on it, as well as their recovery and printing, will be performed through an advanced search system that will have the necessary mechanisms to prevent indexing and automatic retrieval of publications through Internet search engines.

2. in all the offices of care to the public of the Social Security Administration will facilitate public and free consultation of the Social Security Board.

First additional provision. Protection of data of character personal.

1. the operation, the management and the publication of ads and others acts e information in the plank of ads of the Security Social is adjusted to it established in the law organic 15 / 1999, of 13 of December, of protection of data of character Personal, in its regulation of development, approved by the Real Decree 1720 / 2007, of 21 of December , as well as in the rest of the rules that may apply.

2. for the purposes of the provisions in the above rules, the Secretary of State of the Social Security will have the status of the file manager.

Each of the Directorates-General, managing bodies and common services within the meaning of article 2 will have the status of the controller of the data corresponding to ads and other acts, and information whose publication in the Bulletin Board is ordered by its organs and Central or provincial units.

Second additional provision. Modification of the personal data file.

Modifies the file data of character personal «plank of edicts and Social Security announcements», created by the order TIN/831/2011, on 8 April, happens to be called "Social Security Board" and whose characteristics are listed as an annex to this order.

Third additional provision. Implementation of the Social Security Board.

The effective implementation of the publication in the Bulletin Board of the Social security of the ads and other acts and information referred to in article 1(1), issued by the Social Security Administration in the exercise of its powers, will take place the day of entry into force of this order.

Sole repeal provision. Repeal legislation.

Is repealed the order TIN / 831 / 2011, of 8 of April, by which is regulates the plank of edicts and ads of it security Social, and few provisions of equal or lower rank is opposed to it established in this order.

First final provision. Skill-related title.

This order is issued under cover of the provisions of article 149.1.17. ª of the Spanish Constitution, which attributes to the State the exclusive competence in the field of economic regime of Social Security.

Second final provision. Application and development powers.

It authorizes the Secretary of State of the Social Security to dictate how many provisions are necessary for the development and implementation of the provisions of this order.

Available to finish third. Entry in force.

This order shall enter in force the day of its publication in the «Bulletin official of the State».

Madrid, 22 June 2015.-Minister of employment and Social Security, Fátima Báñez García.

ANNEX file name: «Social Security Board» purpose of the file and intended use: management the publication of announcements, agreements, resolutions and communications issued by the Social Security Administration, as well as any other information of general interest of the Administration, on the Bulletin Board of the Social Security.

People or groups of which data are obtained or who are obliged to supply them: interested parties who referred to ads and other acts, and information to publish.

Procedure of data collection: procedures that dictate or issue ads and other acts and information to publish.

Basic structure of the file and description of the data collected: data contained in ads and other acts, and information to be published; name and surname of stakeholders and, where appropriate, DNI, NIE or CIF.

Treatment system: automated.

Planned transfers of data: ads and other acts and information will remain accessible to third parties during the time they are published.

Transfers international planned: not be expected.

Responsible for the file: Secretary of State for Social Security.

Body 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: mid-level.