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Order Int/987/2015, Of 19 May, Which Modifies The Order Int/1202/2011, On 4 May, Which Regulates Files Of Personal Data Of The Ministry Of The Interior.

Original Language Title: Orden INT/987/2015, de 19 de mayo, por la que se modifica la Orden INT/1202/2011, de 4 de mayo, por la que se regulan los ficheros de datos de carácter personal del Ministerio del Interior.

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Article 20 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, as well as Article 52 of its Implementing Regulation, approved by Royal Decree 1720/2007 of 21 December that the creation, modification and deletion of the files of the Public Administrations may be made only by means of a general provision published in the "Official Gazette of the State" or the corresponding official journal.

In accordance with the aforementioned Organic Law 15/1999 of 13 December 2011, Order INT/1202/2011 of 4 May 2011, published in the "Official Gazette of the State", number 114 of 13 May 2011, was published in order to regulate The Ministry of the Interior files containing personal data, which contains those that are the responsibility of the different Directive Centers of said Department.

This order is dictated in order to proceed to the modification of the file "S.A.I.D.", having been informed by the Spanish Agency of Data Protection in compliance with the provisions of article 37.h) of the Organic Law 15/1999, dated December 13.

Therefore, in order to comply with the provisions of Article 20 of the said Organic Law 15/1999 of 13 December, as well as Articles 52 to 54 of its Implementing Regulation, as soon as they establish creating, modifying and deleting files containing personal data, I have:

Single item. Amendment of Order INT/1202/2011 of 4 May 2011 governing the personal data files of the Ministry of the Interior.

The file "S.A.I.D.", contained in Annex II of Order INT/1202/2011 of 4 May 2011, is amended, in which the files of personal data of the Ministry of the Interior are regulated, passing from the scope of the General of the Police at the level of the Secretariat of State of Security, with the content described in the annex of this order.

This file will be subject to the scope of the Organic Law 15/1999, of December 13, of Protection of Personal Data, as well as to its Implementing Regulation, approved by Royal Decree 1720/2007, of 21 of December.

Additional disposition first. Responsibility for the file.

The Secretary of State for Security, as the body responsible for the file "S.A.I.D.", shall take the necessary measures to ensure that the personal data existing on them are used for the purposes and functions of the public law entrusted to it, in relation to the Organic Law 15/1999, of 13 December.

Additional provision second. Registration in the General Data Protection Register.

The Secretary of State for Security, as the body responsible for the file "S.A.I.D.", will transfer this order to the Spanish Data Protection Agency, within thirty days of its publication in the " Official Journal of the State ", for the registration of their respective files in the General Register of Data Protection, in accordance with the provisions of Article 39.2 (a) of Organic Law 15/1999 of 13 December, as well as in Articles 55 and 58 of its Development Regulation.

Single repeal provision. Regulatory repeal.

Any provisions of equal or lower rank are repealed to be opposed to the provisions in this order.

Single end disposition. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, May 19, 2015. -Interior Minister Jorge Fernandez Diaz.

ANNEX

Secretary of State for Security

15. File: S.A.I.D.

a) Identification of the file or treatment, indicating its name, as well as the description of its intended purpose and uses:

a.1) File Identification: S.A.I.D.

a.2) Purpose: Cotejo and incorporation of decaying reviews of detainees into the fingerprint identification system. Collation of anonymous prints revealed at the site of the fact for the identification of detainees.

a.3) Expected uses: Police investigations.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data and its provenance:

b.1) Collective: Persons detained for criminal and foreign violations detained in application of the Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration.

b.2) Provenance and collection procedure: The information is recorded by the managers from the reviews of the eye inspections or matters investigated by the Directorates General of the Police and the Civil Guard.

c) Basic structure of the file by the detailed description of the identifying data, and where appropriate, of the data specially protected, as well as of the other categories of personal data included in the file and the treatment system used in your organization:

c.1) Data Description: Identification and Personal Characteristics Data (national identity card/tax identification number, name and surname, footprint, image, registration number, date and place of birth, sex).

c.2) Treatment system: Automated.

(d) Communications of planned data, indicating where appropriate, the recipients or categories of recipients: To other Security Forces and Bodies, as provided for in Articles 3 and 45 of the Organic Law 2/1986 of 13 March, the courts and the Prosecutor's Office, in accordance with the provisions of Article 11.2.d) of Organic Law 15/1999 of 13 December.

International transfers of data to third countries, indicating, where appropriate, the countries of destination of the data: To international organizations and foreign countries in the terms established in the treaties and conventions in which Spain is a party (Interpol, Europol, Schengen Information System, European Union and bilateral conventions).

f) Body responsible for the file: Secretariat of State of Security. Calle Amador de los Rios, 2, 28046 Madrid.

g) Service or unit to which the rights of access, rectification, cancellation and opposition may be exercised: Secretary of State of Security. Calle Amador de los Rios, 2, 28046 Madrid.

h) Basic, medium, or high level of security that is required: High.