Order Int/698/2015, On 17 April, Which Creates And Regulates The Functioning Of The Ministerial Committee On Digital Administration Of The Ministry Of The Interior.

Original Language Title: Orden INT/698/2015, de 17 de abril, por la que se crea y regula el funcionamiento de la Comisión Ministerial de Administración Digital del Ministerio del Interior.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4324

The Commission for the reform of public administrations (CORA) was created by agreement of the Council of Ministers of October 26, 2012, aiming to become a factor of competitiveness of the Spanish economy, our public administrations to which proposed more than 200 measures of rationalization of structures, procedures and resources, reflected in its final report submitted to the Government of Spain in June 2013 still more than half of the measures, direct or indirectly, actions related to technologies of information and communication (technology ICT).

One of the most significant activities is the implementation of a new model of governance of ICT in the General Administration of the State, developed with the creation, through Royal Decree 695/2013, of September 20, a new directive figure of high-level skills for all the General Administration of the State and its public bodies: the Directorate of information technologies and communications with the rank of Undersecretary, then restructured and organically integrated into the Ministry of finance and public administration by the Royal Decree 802/2014, on September 19, and completed by the organic development of this new model of governance, through Royal Decree 806/2014, on September 19, on organisation and operational instruments of the information technologies and communications in the General Administration of the State and its public agencies that together with the already mentioned figure of the Directorate for information technologies and communications, defines a series of colleges and units that will implement the policy of rationalization and transformation of ICT in the field of the administrative public sector.

These bodies include ministerial commissions of Digital Administration, inherited from the current eGovernment ministerial committees, and that will become the units responsible for implementing, at the ministerial level, the common ICT policies previously defined by the competent bodies, as well as the digital transformation of each ministerial department and its affiliated agencies.

In the case of the Ministerial Committee on Digital administration of the Ministry of the Interior, in order to be able to perform its functions in a complete way, general regulation that makes the direction of information technology and communications on the competences of the ministerial committees of Digital Administration, must be expanded so that fit her plans of action affecting the political consultation (, crises and State security and those who handle classified information, as well as the procurement covered by the scope of the law 24/2011, August 1, contracts of the public sector in the fields of Defense and security, and the processed in accordance with the article 170.f) of the consolidated text of the law of contracts in the Public Sector approved by Royal Legislative Decree 3/2011, of 14 November, exempted from the report of the aforementioned address of the information technology and communications, in the quoted Royal Decree 806/2014, on September 19.

The composition of the Ministerial Committee on Digital administration of the Ministry of the Interior fits, therefore, competences common to all ministerial commissions of Digital Administration and specific competences.

This command is run in compliance with the provisions of the second transitional provision of Royal Decree 806/2014, on September 19.

By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Object.

1. this order aims to the creation and regulation of the Ministerial Committee on Administration Digital of the Ministry of the Interior, which is configured as the College responsible for driving, and the internal coordination of the Department and its agencies in the field of digital management and acts as a liaison agency with the Directorate of information technologies and communications (DTIC) and with other bodies or committees specialized in the matter.

2. the Ministerial Committee on Digital administration of the Ministry of the Interior are ascribed to the Undersecretary of the Department and its scope will encompass all the organs of the Ministry and its affiliated agencies. Support for the Commission will be held in the General Subdirectorate of information technologies and the communications of the Ministry.

Article 2. Composition and performance.

1. the Ministerial Committee on Digital administration of the Ministry of the Interior acting in plenary and in the Standing Committee.

2 the full of the Commission Ministerial of the Administration Digital of the Ministry of the Interior shall have the following composition: a) Presidency: the titular person of the Undersecretary of the Ministry of the Interior.

(b) Vice President: the titular person of the General Subdirectorate of information technologies and the communication of the Secretariat.

(c) members: 1. the Deputy Director General of logistics of the Directorate General of police.

2. the Deputy Director General in support of the General Directorate of the Civil Guard.

3. the Deputy Director General of the Intelligence Centre against terrorism and the crime organized (CITCO) of the Ministry of State security.

4. the Deputy Director General of information and communications systems for the security of the Secretariat of State security.

5. the Deputy Director General of correctional services of the General Secretariat of penitentiary institutions.

6. the Manager of the entity state prison labour and employment training.

7. the Deputy Director General of analysis and statistical monitoring of the General Directorate of traffic.

8. the Deputy Director General of prevention and General direction of Civil protection and emergency planning.

9. the Deputy Director General of policy inside and electoral processes of the General direction of policy inside.

10. the Deputy Director General of human resources and inspection of the Secretariat.

11. the Deputy Director-General Deputy the General Sub-Directorate of technologies of the information and the communications of the Secretariat.

(d) an official from the General Department of information technologies and the communications of the Ministry of the Interior shall discharge the functions of secretariat of the plenary, with voice but without vote.

(e) the Commission may convene meetings, depending on the relevance of the topics to be treated, experts from the direction of information technology and communications, or other experts, all of which will attend with voice but without vote.

3. for each vowel will be appointed a substitute Committee, appointed by the Secretary of the Department a proposal from holders persons of superior or executive bodies which depend on the designated ones, which must be an officer of the A1 subgroup.

4. the Commission shall meet in plenary session, at least once a year, by convocation of its President, or at the initiative, at the initiative of the Vice-President, or when half of its members request it, at least.

5. the Standing Committee shall have the following composition.

(a) Presidency: the titular person of the General Subdirectorate of information technologies and the communications of the Ministry of the Interior.

(b) members: the members representatives of the management centres to which incumbent the subjects to be treated.

(c) Secretary: an official from the General Department of information technologies and communications of the Undersecretary, appointed by the President, who will attend the meetings with voice but without vote.

(d) the representative of each of the management centres will represent and coordinate the rest of units within the scope of its Management Center.

(e) the members may attend meetings of the Standing Committee accompanied by officials expert in the subjects that are to be dealt with and that will act as advisors with voice, but without vote.

6 the Standing Committee will meet quarterly, though the same Presidency may convene it on a monthly basis when necessary, and specifically to inform the matters indicated in article 3.2. d) of this order.

Article 3. The Ministerial Committee on Digital administration functions.

1 the right of the Commission Ministerial Digital Administration shall perform the following functions: to) Act as relationship between the Ministry of the Interior and its affiliated agencies and the direction of information technology and communications, to ensure coordination with the criteria and defined by this policy.

(b) promote, implement and monitor, in the area of the Department, the guidelines and the follow-up to the guidelines set out in the strategy of the information technologies and the communication (ICT) of the General Administration of the State and its public agencies, approved by the Government on the proposal of the ICT strategy Committee.

(c) approve the Action Plan of the Department for digital transformation, developing of criteria established by the direction of information technology and communications according to the ICT strategy of the General Administration of the State and its public agencies, approved by the Council of Ministers, according to the scope indicated in article 14 of the Royal Decree 806/2014 , on September 19.
(d) approve the Action Plan of the Department for the digital transformation of the specific media, which will include media and specific services excluded from the scope of the direction of information technology and communications, in article 14 of the Royal Decree 806/2014, on September 19.

(e) to promote the digitalization of services and procedures of the Department in order to homogenize them, simplifying them, improve their quality and ease of use, as well as the benefits offered to citizens and enterprises, optimizing the use of available ICT resources.

(f) collaborate with the direction of information technology and communications in the identification and the common availability of the human, material and financial means that are attached to the Department and that should be used for the start-up operation or maintenance of the media or shared services.

(g) approval of proposals for application of new criteria of organization or operation, implementation of new procedures or revision of existing ones.

2 the Permanent Commission shall have the following functions: to) the plan of action of the Department for the digital transformation, developing of criteria established by the direction of information technology and communications according to the ICT strategy of the General Administration of the State and its public agencies, approved by the Council of Ministers, according to the scope indicated in article 14 of the Royal Decree 806/2014 , on September 19.

(b) the plan of action of the Department for the digital transformation of specific media, including media and specific services excluded from the scope of the direction of information technology and communications, in article 14 of the Royal Decree 806/2014, on September 19.

(c) analyze the functional needs of the units of the Department's management and its affiliated agencies and evaluate the different alternatives of solution proposed by units ICT, identifying efficiency opportunities that ICT can bring, applying solutions already developed in the field of public sector, and estimating costs in human and material resources that the associated ICT developments may involve , and the plan of action of the Department for digital transformation, which will be approved by the plenary.

(d) have knowledge of all contract proposals related to information technologies and communications and information of the management bodies about their relationship with the Action Plan of the Department for digital transformation prior to its referral to the Directorate of information technologies and communications, in order to make effective the function referred to in the preceding paragraph for engagements not excluded from the technical report of the aforementioned address of the information technology and communications in article 16.3 of the Royal Decree 806/2014, on September 19.

(e) support to the ICT units, when they so require, to evaluate the alignment of your records with the Plan of action of the Department for digital processing, prior to the request for the report to the Directorate of information technologies and communications.

f) technically inform memory, tender technical specifications and pictures of characteristics of the procurement of goods and services falling within the scope of the law 24/2011, August 1, of contracts in the public sector in the fields of defence and security, as well as the processed in accordance with the article 170.f TIC of the Ministry of the Interior) of the text of the law of contracts from the Public Sector approved by Royal Legislative Decree 3/2011, from 14 November.

(g) inform the draft provisions of general character, agreements, collaboration agreements, instructions and circulars of the Department, preparing a report on the opportunity to measure, the costs, the need for human resources and development times that may arise from the approval of the project, from the perspective of the use of media and ICT services, other than those related to the Organization of electoral processes and political consultation excluded by article 14.2, third paragraph, of Royal Decree 806/2014, on September 19. This report will be forwarded to the address of information technologies and communications for their knowledge and assessment.

(h) draw up a progress report on the Action Plan digital, containing the status of the planned measures and carried out engagements, for submission to the plenary with annual periodicity.

(i) keeping an inventory of services or resources of information and communications systems for the processing and transfer to the plenary of the Ministerial Committee of Digital administration of proposals of Declaration of services or resource sharing at the level of the General Administration of the State.

j) prepare, for approval by the plenary, statements or organizational or functional guidelines that are necessary for the digitalization of services and procedures of the Department in order to homogenize them, simplifying them and improve their quality and ease of use.

(k) to coordinate the collection, aggregation and incorporation of the information required by the direction of information technology and communications and ensure the accuracy and completeness of the data corresponding to the Department.

(l) any matter that is you expressly delegated by the plenary.

Article 4. Calls.

1 both the plenary and the Standing Committee is validly, constitute in first call, when the people who occupy the Presidency and the Secretariat, are present or those who replace them where appropriate, and, in addition, half of its total membership. In second call, follow the same criteria that for the plenary with regard to Presidency and Secretariat, but simply with the assistance of three vowels.

2. in case of absence, vacancy, illness or other legal cause of the person who occupies the Presidency, the person holding the Vice President shall exercise that function and, in their absence, the Member of the College of higher hierarchy, seniority and age, in this order, from its components.

Article 5. Request for information.

The Ministerial Committee on Digital administration of the Ministry of the Interior, for the exercise of their functions, be sought much information deemed accurate of all units and public bodies of the Ministry, which will be obliged to provide it, in accordance with the legislation in force.

Article 6. Operation.

In matters not provided for by this order, the Ministerial Committee on Digital Administration, in plenary session or Standing Committee, snaps in its operation to the provisions of chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

Sole additional provision. No increase in public spending.

The operation of the Ministerial Committee on Digital Administration does not imply any increase in public spending and will be staffed with material means and personnel in the Ministry of the Interior.

Sole repeal provision. Repeal legislation.

They are hereby repealed many provisions of equal or lower rank to oppose provisions of this order, and in particular, the order INT/2605/2012, December 4, which regulates the composition and functions of the Ministerial Committee on electronic administration of the Ministry of the Interior.

First final provision. Instructions for execution.

The Undersecretary of the Department may issue the necessary instructions for the best performance of this order.

Second final provision. Entry into force.

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

Madrid, 17 April 2015.-the Minister of the Interior, Jorge Fernández Díaz.