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Article 20 of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, states that the creation, modification or deletion of the files of the Public Administrations may be made only by means of general provision published in the Official Journal of the State or the official journal concerned.
Articles 53 and 54 of the Implementing Regulation of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, adopted by Royal Decree 1720/2007 of 21 December on the form and the Content of the provision highlights the need to specify the file treatment system, which can be automated, not automated or partially automated.
In the exercise of the powers conferred on the Director of the Spanish Data Protection Agency, Article 12.2 of Royal Decree 428/1993 of 26 March, which approves the Statute of the Spanish Agency for the Protection of Data, in force in accordance with the provisions of the third transitional provision of Organic Law 15/1999, and in order to complete the provisions of Article 20 of the Law, as well as Article 52 of the Implementing Regulation, Available:
First.
The file of the Spanish Data Protection Agency called "Management of files of access to the public information of the Spanish Data Protection Agency" included in the annex of this resolution is created, in compliance with Article 20 of Organic Law 15/1999 and Article 54.1 of the Implementing Regulation.
Second.
The file set out in the Annex to this Resolution shall be governed by the general provisions and instructions detailed, and shall be subject, in any case, to the laws and regulations of the highest rank and applicable.
Third.
In compliance with Article 55 of the Law of the Development of Law 15/1999, the files will be notified for registration in the General Register of Data Protection within thirty days of the publication of this information. Resolution in the "Official State Gazette".
Fourth.
This Resolution shall enter into force on the day following its publication in the "Official State Gazette".
Madrid, April 24, 2015.-The Director of the Spanish Data Protection Agency, José Luis Rodríguez Álvarez.
ANNEX
New Create File
File: Management of the Public Information Access Expedients of the Spanish Data Protection Agency
a) Identification of the file, indicating its name, as well as the description of its intended purpose and uses.
a.1) File identification:
Management of files for access to public information from the Spanish data protection agency.
a.2) Purpose and intended uses:
Management, processing, control and monitoring of files for access to public information in compliance with the provisions of Law 19/2013, of December 9, of transparency, access to public information and good governance.
(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:
Natural persons or representatives of legal persons interested in obtaining public information from the Agency, official and labour staff seconded to the Agency, external staff, suppliers, candidates for oppositions and contests and other persons related to the Agency.
b.2) Provenance:
Through the person concerned himself or his legal representative and the personal data files of which the Agency is responsible.
Collection procedure:
Agency electronic headquarters, paper and/or telematics support form received through the transparency portal.
c) Basic file structure and the treatment system used in your organization.
c.1) Structure:
Identifying data for interested parties in obtaining public information from the Agency: NIF/DNI, name and surname, postal and electronic address for communications, telephone, signature.
Data of the affected staff in which the answer to the request for access is made, when it is granted, and may include, among others, data relating to the personal and economic situation of the staff, data relating to the economic management of the Agency or relating to completed dossiers. Data shall not be specifically protected, except in the cases expressly provided for in Article 15 of Law 19/2013 of 9 December.
c.2) Treatment system: Partially automated file.
d) Communications for expected data:
Transparency Portal integrated on the web www.agpd.es in the field of what is foreseen in law 19/2013, of December 9, of transparency, access to public information and good government and royal decree 919/2014, of October 31, approving the statute of the transparency and good governance council.
To the Office of Transparency and Access to Public Information when the request for information comes from the AGE Transparency Portal.
To the Transparency and Good Government Council.
Ombudsman.
General Courts.
Judges and Courts.
e) International transfers to third countries:
Data treatments are not or are not planned outside the territory of the European Economic Area.
f) Organs responsible for the file:
Spanish Data Protection Agency.
g) Services or units to which the rights of access, rectification, cancellation and opposition may be exercised:
Spanish Data Protection Agency.
General Secretariat
Calle Jorge Juan, 6, 28001 Madrid.
h) Level of security measures: Basic level.
