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Order Ssi/935/2015, Of May 12, 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/935/2015, de 12 de mayo, 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

The Order of 21 July 1994, for which files are regulated with personal data managed by the then Ministry of Health and Consumer Affairs, has complied with the provisions of the second, second and second provisions of the The Organic Law 5/1992, of October 29, regulating the automated processing of personal data.

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

The Royal Decree-Law 16/2012 of 20 April, of urgent measures to ensure the sustainability of the National Health System and improve the quality and safety of its benefits, introduced a new Additional Disposition Law 16/2003, of 28 May, of cohesion and quality of the National Health System, for which the State Register of Health Professionals is created.

This additional provision has been developed by Royal Decree 640/2014 of July 25, which regulates the State Register of Healthcare Professionals.

For the implementation of this registration it is necessary to create a file, modifying for it Annex 2 of the Order of 21 July 1994, for which the files are regulated with personal data managed by the Ministry of Health and Consumer Affairs.

By this order and, prior to the report of the Spanish Data Protection Agency, a new personal data file is created.

In its virtue, I have:

Article 1. Creating the 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, is extended. including a new automated file called the 'State Register of Healthcare Professionals', the characteristics of which are detailed in the Annex.

Article 2. Responsible for the file.

The Directorate-General for Professional Management shall be the administrative body responsible for the file described in the Annex.

Article 3. Management and organization of the file.

The holder of the body responsible for the file described in the Annex shall be taken under the top management of the person holding the Ministry of Health, Social Services and Equality, the management and organisation measures necessary, assuring in any case the confidentiality, security and integrity of the data, as well as the drivers to make effective the guarantees, obligations and rights recognized in the Organic Law 15/1999, of December 13, of Protection of Personal Data, in Royal Decree 1720/2007 of 21 December, for which the Commission is approved Implementing Regulation, and other applicable rules.

Article 4. Data protection.

1. The holders of personal data contained in the file described in the Annex may exercise the right of access, rectification, cancellation and opposition of their personal data to the unit set out in that Annex.

2. Where the data does not come from the Ministry of Health, Social Services and Equality, applications for the exercise of these rights shall be transferred to the body, entity or body from which the information comes, for processing, interested in this move.

Article 5. Data cession.

The data contained in the described file 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, May 12, 2015. -Minister of Health, Social Services and Equality, Alfonso Alonso Aranegui.

ANNEX

Filename: "State Register of Healthcare Professionals".

Purposes and intended uses of the File:

-Informatise the data of healthcare professionals.

-Give the National Health System a planning and management tool.

-Use as a tool in the elaboration of studies and statistics.

Persons and/or collectives on which to obtain data: Healthcare professionals referred to in Royal Decree 640/2014 of July 25, for which the State Registry of Health Professionals is regulated.

Provenance and procedure for the collection of data: Data transfer by the bodies, entities and corporations that are obliged to supply them through the use of electronic means and communications of the professionals themselves, as provided for in Royal Decree 640/2014 of 25 July 2014.

Basic file structure and description of personal data:

-Number of incorporation into the registry: unique code for each registered professional that will be generated by the registry itself when the incorporation is formalized.

-Identifiers: first and last names, DNI/TIE.

-Personal characteristics: date of birth, gender and nationality.

-Communications: preferred medium or place for communications purposes.

-Academics: degree and specialty in Health Sciences.

-Professionals: Diploma in Specific Training Areas, Diploma of Advanced Accreditation, professional situation, professional exercise, place of exercise, category, function, development and collegial of the professional, coverage of civil liability, as well as suspension or disablement for the professional exercise, if any.

Treatment system: Automated.

Transfer of personal data and/or data transfers that are provided to third parties: in accordance with applicable regulations, they shall be transferred to:

-Public health administrations that have competencies related to the purposes of the registry.

-Public administrations or collective corporations with powers that sanction the disablement or suspension of healthcare professionals.

-Public administrations of the Member States of the European Union in the framework of cross-border healthcare through the Internal Market Information System (IMI).

The following data is public:

Name, title, specialty, place of exercise, category and function of the professional, Diploma of Specific Training Area and Diplomas of Accreditation and Advanced Accreditation, and the dates of obtaining and revalidation of each of them.

Body responsible for the file:

General Management of Professional Management.

Units or services to which the right of access, rectification, cancellation and opposition may be exercised:

Directorate-General for Professional Management. Sub-Directorate-General for Vocational Management. Paseo del Prado, 18-20, 28014, Madrid.

Security Measures with Level Indication:

Basic.