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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5658

The order of 21 July 1994, which regulates the files with personal data managed by the then Ministry of health and consumption, gave compliance with the provisions of the second additional provision, 2 of the organic law 5/1992 of 29 October, regulating the automated treatment of the personal data.

Subsequently, the law organic 15 / 1999, of 13 of December, of protection of data of character Personal, arranged in its article 20.1, that the creation, modification or suppression of them files of them administrations public only can do is by means of available general posted in the «newsletter official of the State» or in the daily official corresponding.

The Royal Decree-Law 16/2012, April 20, on urgent measures to ensure the sustainability of the national health system and improve the quality and safety of its performance, introduced a new additional provision ten law 16/2003, of May 28, of cohesion and quality of the national health system, which creates the State Register of health professionals.

This provision additional has been developed by the Royal Decree 640 / 2014, of 25 of July, by which is regulates the registration State of professional health.

For the implementation of such registration is necessary to create a file, modify this annex 2 of the order of 21 July 1994, which regulates the files with personal data managed by the Ministry of health and consumption.

By the present order and, prior report of the Agency Spanish of protection of data, is created a new file of data of character personal.

By virtue, I have: article 1. Creation of the file.

Is expands the content of the annex 2 «files of character administrative» of the order of 21 of July of 1994, by which is regulate them files with data of character personal managed by the Ministry of health and consumption, including is a new file automated called «registration State of professional health», whose features are detailed in the annex.

Article 2. Responsible for the file.

The General direction of management professional will be the administrative body responsible for the file that is described in the annex.

Article 3. Management and organization of the file.

The holder of the responsible for the file described in the annex shall be adopted under the higher direction of the titular person of the Ministry of health, social services and equality, measures of management and organization that are necessary, ensuring in all cases, confidentiality, security and integrity of the data, as well as the leading to effective warranties, obligations and rights established in the organic law 15/1999 , of 13 of December, of protection of data of character Personal, in the Royal Decree 1720 / 2007, of 21 of December, by which is approves its regulation of development, and others rules applicable.

Article 4. Data protection.

1. the holders of them data of character personal content in the file described in the annex may exercise the right of access, rectification, cancellation and opposition of their data of character personal before the unit that figure in the cited annex.

2. when the data are not obtained from the Ministry of health, social services and equality, requests for the exercise of these rights will move to organ, entity or corporation that appropriate information, for processing, communicating this transfer to the person concerned.

Article 5. Transfer of data.

The data contained in the file just described may be assigned in the cases expressly provided for by law.

Available end only. Entry in force.

This order shall enter into force the day following its publication in the "Official Gazette".

Madrid, 12 de mayo of 2015.-the Minister of health, services social and equality, Alfonso Alonso Aranegui.

ANNEX file name: 'State Register of health professionals'.

Purpose and intended use of the file:-computerize data for healthcare professionals.

-Provide to the system national of health of an instrument for planning and management.

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

People and/or collective on which is intends to obtain data: professional health to which is concerned the Real Decree 640 / 2014, of 25 of July, by which is regulates the record state of professional health.

Origin and procedure of collection of them data: transfer of data from them bodies, entities and corporations that are forced to supply them through the use of media electronic and communications of them own professional, according to it planned in the cited Real Decree 640 / 2014, of 25 of July.

Structure basic of the file and description of the data of character personal:-number of incorporation to the record: code unique for each professional registered that will be generated by the own record when is formalize it incorporation.

-Identification: name and surname, DNI / TIE.

-Features personal: date of birth, sex and nationality.

-Communications: average preferential or place for the purpose of communications.

-Academics: certification and specialty in health sciences.

-Professional: Diploma in Areas of specific training, Diploma of advanced accreditation, professional status, profession, place of practice, category, function, development and licensing of the professional liability coverage, as well as, suspension or disqualification for professional practice, in his case.

Treatment system: automated.

Transfer of personal data and/or data transfers providing to third parties: in accordance with the applicable law, be transferred to a: - sanitary public administrations that have responsibilities related to the purposes of the registration.

-Public administrations or collegiate corporations with sanction powers of disqualification or suspension of health professionals.

-Public administrations of the Member States of the European Union in the framework of cross-border healthcare through information system in internal market (IMI).

Them following data have character public: name and surname, qualification, specialty, place of exercise, category and function of the professional, Diploma of Area of training specific and Diplomas of accreditation and accreditation advanced, and the dates of obtaining and revalidation of each one of them.

Organ of the Administration responsible for the file: address General of management professional.

Units or services before which it may exercise the right of access, rectification, cancellation and opposition: address General of management professional. Subdirectorate General of management professional. Walk of the Prado, 18-20, 28014, Madrid.

Measures of security with indication of level: Basic.