Resolution Of February 9, 2015, Of The Center For Industrial Technological Development, Authorizes Substitution By Electronic Media And The Elimination Of A Series Of Documents Kept In The Central File.

Original Language Title: Resolución de 9 de febrero de 2015, del Centro para el Desarrollo Tecnológico Industrial, por la que se autoriza la sustitución por soporte electrónico y la eliminación de series documentales custodiadas en el archivo del Centro.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2248

Law 16/1985, of 25 June, on Spanish historical heritage, regulates matters concerning the preservation of documentary heritage as an integral part of Spanish historical heritage.

The Royal Decree 1164 / 2002, of 8 November, which regulates the conservation of documentary heritage with historical value, control of the Elimination of other documents of the General Administration of the State and its public agencies, and conservation of administrative support other than the original documents, also, provides the procedure to be followed for the destruction of the lacking documents of historical and evidential rights requiring , in any case, the favourable opinion of the appraisal Commission of administrative documents, dependent on the Ministry of education, culture and sport.

The Centre for Industrial technological development, public business entity responsible for the management and development of technological innovation of the Ministry of economy and competitiveness policy (whose functions are determined in article 3.4. ª of the Royal Decree 1406 / 1986, of 6 June, which approves its rules of action), in order to improve and rationalize the treatment of documents and improve the management of the Centre It has decided to proceed to the replacement of the paper on authentic electronic copies, of the series of documents included in the annex to the present resolution responsibility of the Centre, with the consequent elimination of this paper.

In compliance with the provisions and the procedure regulated in the Real Decree 1164 / 2002 of 8 November, the Center for Industrial technological development asked the Committee appraisal of administrative documents issuance of opinion on the replacement of paper by electronic copies, authentic, in accordance with the conditions of security, guarantees of preservation and digitization requirements specific to this effect for consideration as authentic with full legal validity and chords copies with the normative legal, and the consequent removal total of the support role, of the three series documentary included in the annex of this resolution.

The Committee appraisal of administrative documents, in its meeting of December 17, 2014, agreed to issue a favourable opinion on the replacement of support and consequent elimination of paper according to the terms above the three documentary series presented by the Center. In the annex of this resolution are detailed the series documentary judged favourably, as well as their corresponding periods.

By all this, and in use of the powers that has conferred upon them, the President of the Center for the development technological Industrial resolves: first.

Authorize the replacement of the paper by electronic copies authentic according to the conditions of security, guarantees of preservation and digitization requirements to this effect for consideration as copies authentic with full legal validity and in line with the legal regulations, in the series of documents listed in the annex to this resolution.

Second.

Authorize the removal of all the documents that make up the documentary series including and detailed in the annex to this resolution, which are deposited in the archives of the Centre. The series documentary that is can eliminate will be exclusively them referred to them periods indicated in the annex.

Third.

As provided for in article 57.2 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and in the Royal Decree 1164 / 2002, of 8 November, the effectiveness of the authorization of destruction will be delayed up to three months from the publication of this resolution in the «Official Gazette» , and conditioned to that in this period there is no record of the filing of any nature against the same appeal. Where is contested, not may proceed is to the destruction of documents until this resolution to acquire firmness.

Room.

Once produced the effectiveness of the authorization that by this resolution is agreed, the process of destruction should be immediate. Therefore the manager responsible for the custody of the documents will open a record of removal of documents or series of documents, pursuant to the Royal Decree 1164 / 2002, of 8 November, guaranteeing the confidentiality of the information contained in the documentation of their qualifying process, using the most appropriate method that makes impossible the reconstruction of documents and the recovery of any information contained in them. Them documents that go to be deleted must be protected until the time of its destruction physical, keeping is in local or containers that have of mechanisms of closure that ensure their security facing possible intrusions external.

Fifth.

The destruction of this documentation should rise necessarily an act of elimination and a complementary certificate indicating conservation measures in support other than the original by the Centre for Industrial technological development. The destruction of the documentation may be made by the media that is available to the entity, or where the volume of documents so advise, through the hiring of a service company specialized in the destruction of documents, in which case please designate a person from the Centre up to control the transport and monitor the effectiveness of the system of destruction used. The company must certify the destruction of documents, leaving evidence of the date and method of destruction. In no case can be disposed of those specific records which have been subject to administrative appeal and which are still pending firm.

These records and certifications issued by the company, in its case, copies adjudicated to the appraisal Commission of administrative documents should be sent.

Sixth.

This resolution is may be brought against appeal to the Centre for Industrial technological development within a month from the day following its publication in the «Official Gazette», or contentious-administrative appeal within the period of two months from also from the day following its publication in the «Official Gazette» the Central Court of the contentious-administrative not being able to appeal simultaneously both.

Madrid, 9 of February of 2015.-the President of the Center for the development technological Industrial, Maria Luisa Ponce Garcia.

ANNEX description of the documentary series No. opinion and code title / producer opinion 30/2014 CDTI/9/2014-1 minutes of the Executive Committee of the Governing Council / Board of Directors (1984)-/ / Centre for Industrial technological development. Secretariat General.





Favorable to the replacement of the media pursuant to the Royal Decree 1671 / 2009. Permanent preservation in format PDF-A. Free access.






31/2014 CDTI/9/2014-2 minutes of the Governing Council / Board of Directors (1977)-/ / Centre for Industrial technological development. General Secretariat.





Favorable to the replacement of the support in application of the Royal Decree 1671 / 2009. Permanent preservation in format PDF-A. Free access.






32/2014 CDTI/9/2014-3 proceedings of the Management Committee (1977)-/ / Centre for Industrial technological development. General Secretariat.





Favorable to the replacement of the media pursuant to the Royal Decree 1671 / 2009. Permanent preservation in format PDF-A. Free access.