Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3744
Article 20 of the organic law 15/1999, of 13 December, of protection of data of a Personal nature, establishes that creation, modification or deletion of files of public administrations may only be made through general provision published in the «Official Gazette» or corresponding official journal. Also, the available additional first of such standard orders to them administrations public responsible of files approve it available of creation of them same or adapt the already existing to them forecasts of the own law.
In addition, article 55 of Royal Decree 1720 / 2007, of 21 December, which approves the regulations implementing the organic law 15/1999, of 13 December, of protection of personal data, provides that the creation, modification or deletion of files of the public administrations that include data staff will be notified to the Spanish Agency of data protection after publication of a general provision in the «Official Gazette of the» «State» or daily official corresponding.
The order MAM/304/2003, of 11 February, regulated the automated files of personal data of the Ministry of environment, which included the files managed by the Tagus hydrographic Confederation. On the other hand, the order MAM/3783/2004 of 26 October, expanded the annex to the above-mentioned order and incorporated, among others, the Tajo hydrographic Confederation pension plan file.
According to the single repealing provision of order AAA/905/2013, of 16 may, which regulates the files with personal data of the hydrographic Confederation of the Tagus, the order MAM/304/2003, of 11 February was repealed and this became a regular files of the Confederation.
It put in production of a new system of management of it activity of the personal of it Confederation hydrographic of the stumps that works out of them facilities of body and the use in the same of it technology of geolocation by GPS, for the positioning of the fleet of vehicles of it Confederation hydrographic of the stumps, forces to the modification of the file of resources human so is identify this new form of acquisition of information as well as them uses envisaged for the same.
The creation of a new data file called management of casts, whose definition was initially included in the collection file is also considered necessary. The separation in an own file will help define its nature, not always linked with the collection, with greater precision.
In the preparation of this order have been requested report to the Spanish data protection agency and the Ministerial Committee on electronic administration of the Ministry of agriculture, food and environment.
By virtue, I have: single article. Modification of the order AAA/905/2013, of 16 may, which regulates the files with personal data of the hydrographic Confederation of the Tagus.
One. Is modifies the file management of HR of the annex I of the order AAA / 905 / 2013, of 16 of mayo, by which is regulate them files with data of character personal of the Confederation hydrographic of the Tagus, in the following terms.
((The lyrics to) to d1) are worded as follows: ' (to) (identification and use of the file: a.1) identification of the file: management of HR.»
a.2) purpose and intended use: management of human resources of the Organization (management of personnel, payroll, plan of pensions, social benefits, control of wardrobe, time control, diets and locomotion, geo-positioning and location of staff through GPS or similar systems, directory of users of computer systems of the organism, identification and control of officials of the scale of environmental agents of bodies autonomous from the Ministry of environment that perform tasks of monitoring and inspection).
a.3) classification of objectives: human resources management; Payroll management; Selection of personnel; Training; Management of the directory of users of computer systems of the body.
((b) source of data: b.1) people or groups over which intends to obtain personal data or that they are obliged to supply them: public servants (officials and labour) who provide their services in the Tajo hydrographic Confederation, external staff and fellows.
(b.2) provenance: the own interested or his representative legal. Registration Center of personnel of the Ministry of public administration. Data of positioning geographical collected from systems of geolocation by GPS or systems analogs implanted in media materials of the body (vehicles, phones, tablets).
(c) collection procedure: data provided by the interested party or referred by the Central Registry of the staff of the Ministry of public administrations. Data collected from the geolocation by GPS systems or analogous systems implemented in material Media Agency (vehicles, phones, tablets).
((d) basic structure of the file and system of treatment used in your organization: d.1) structure: identification data: DNI/NIF/identity document, name and surname, postal address, phone number, no. SS/mutuality, signature/footprint, health insurance card, image, number of professional identification (NIP) of the environmental agent.
Other categories of data of character personal: features personal (State civil, family, age, nationality, features physical or anthropometric directly related with the performance of the since, place of birth, date of birth, sex), circumstances social (accommodation / housing, licenses / permits / authorizations), details of the employment (body / scale, since of work, history of the worker, category / grade, data economic of payroll, costumes), academic and professional (training / qualifications) , financial and insurance data (economic data of payroll, diets), situation in the Pension Plan and contributions made by the hydrographic Confederation of the Tagus to the pensions of the General Administration of the State Plan. Data related to the health of those affected, essential to proceed with the calculation of the applicable retention levels. Union membership data in order to remove on the payroll of the employee the amount of the fee to meet the Union if so ask the person concerned. Of the Agency's staff geolocation data.»
Two. Modifies the file revenue management of the annex I the order AAA/905/2013, of 16 may, which regulates the files with personal data of the hydrographic Confederation of the Tagus, in the following terms: letter to) is worded as follows: ' a) (identification and use of the file: a.1) identification of the file: revenue management.»
a.2) purpose and intended use: revenue management and follow-up of liquidations, taxes, fees, royalties and fundraising Executive. Maintenance of register of users, discharges and tariffed exploitations.
(a.3) characterization of purposes: procedure administrative; «Management revenue from taxes, management revenue in via Executive.»
Three. Is creates a new file with data of character personal, managed by the Confederation hydrographic of the Tagus, that is incorporates to the annex I of the order AAA / 905 / 2013, of 16 of mayo, by which is regulate them files with data of character personal of the Confederation hydrographic of the Tagus: «(management of casts: to) (identification and use of the file: a.1) identification of the file» : Management of casts.
(a.2) purpose and uses expected: maintenance of the register of users and identification of risks.
(a.3) characterization of purposes: procedure administrative, management of areas irrigated and users, for generation of liquidations of rates of use of the water and cannons of regulation.
((b) origin of the data: b.1) people or collective on which is aims to obtain data of character personal or that are forced to supply them: citizens, users of services and goods located in the domain public hydraulic. Communities of irrigators.
b.2) provenance: the person concerned or his legal representative, the entities of public administration, cadastre.
(c) collection procedure: data provided by the interested party or provided by other entities of the public administration, cadastre.
((d) basic structure of the file and the system of treatment used in your organization: d.1) structure: name and surname. The national document of identity, Postal address, telephone number, signature.
Other categories of personal data: data related to farms or uses of the water made.
d.2) treatment system: mixed.
(e) planned data communications:
E1) recipients or categories of recipients: judges and courts. (Article 11.2 d) of the law organic 15 / 1999. Ministry of agriculture, food and environment, under articles 11 and 21 of the organic law 15/1999, of 13 December [(en particular, de acuerdo con las cláusulas recogidas en el artículo 10.4.c) of Royal Decree 1720 / 2007, of 21 December, in cases in which the transfer is intended to the processing of data for historical purposes] [, statistical or scientific, when data have been collected or prepared by the Tagus hydrographic Confederation bound for that administration, or when this is done for the exercise of powers identical or that related to the same materials], State Agency for tax administration, administration of Justice, General intervention, advocacy of State, Court of Auditors. Communities of irrigators.
E2) international transfers to third countries, with indication, where appropriate, of the countries of destination of the data: there are no laid down.
(f) body responsible of the file: Confederation basin of the Tagus.
(g) services or units to which the rights of access, rectification, cancellation and opposition may be exercised: Confederación Hidrográfica del Tajo.
Avenida Portugal, 81, 28071 Madrid.
«(h) level basic, medium or high of security that is payable in accordance with it established in the title VIII of the RLOPD: Basic.»
Available end only. Entry in force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 25 of March of 2015.-the Minister of agriculture, food and environment, Isabel García Tejerina.
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