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Order 985-Aaa-2012, Of 30 April, Amending The Order Arm/2952/2008 Of 1 October, Which Regulates Files Of Personal Data Managed By The Spanish Fund For Agricultural Guarantee.

Original Language Title: Orden AAA/985/2012, de 30 de abril, por la que se modifica la Orden ARM/2952/2008, de 1 de octubre, por la que se regulan los ficheros de datos de carácter personal gestionados por el Fondo Español de Garantía Agraria.

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TEXT

Article 20 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data establishes that the creation, modification or deletion of the files of public administrations can only be done by means of general provision published in the Official Journal of the State or the official journal concerned.

On the other hand, Article 52.2 of the Implementing Regulation of the Organic Law on the Protection of Personal Data, approved by Royal Decree 1720/2007 of 21 December, provides that, in any case, the provision or agreement must be dictated and published prior to the creation, modification or deletion of the file.

In this sense, the Order ARM/2952/2008, of October 1, which regulates the files of personal data managed by the Spanish Agricultural Guarantee Fund, modified by Order ARM/2654/2010, of October 5, proceeded to the creation of the personal data files of the ownership of the Spanish Agricultural Guarantee Fund, files numbers 1 to 14, related to the annex of the aforementioned order.

In order to adapt its content to the reality of the management carried out by this Agency we proceed to modify the revised order by creating a new file and adapting certain files Pre-existing listed in the Annex to this order.

In the preparation of this order, the Spanish Data Protection Agency and the Ministry of Agriculture, Ministry of Agriculture, Food and Environment have issued a favorable report.

In its virtue, I have:

Article 1. Creation of a personal data file of the ownership of the Spanish Agricultural Guarantee Fund.

The personal data file number 15, which is listed in the Annex of this order, is created.

Article 2. Modification of the ARM/2952/2008 Order of October 1, creating the personal data files of the ownership of the Spanish Agricultural Guarantee Fund.

The files numbers 2 and 6 of the Annex of the Order ARM/2952/2008, of October 1, for which the files of personal data of the ownership of the Spanish Fund of Agrarian Guarantee are created, in the wording given by the Order ARM/2654/2010 of 5 October 2010 are amended in accordance with the provisions of the Annex to this order, in the terms and conditions laid down in Organic Law 15/12999 of 13 December and Royal Decree 1720/2007 of 21 December 2009, its Implementing Regulation is approved.

Single end disposition. Entry into force.

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

Madrid, April 30, 2012. -Minister of Agriculture, Food and Environment, Miguel Arias Cañete.

ANNEX

Creation of file number 15 Data repository Food aid and modification of the files numbers 2 and 6 of the order ARM/2952/2008, of October 1, by which the files of personal data are regulated managed by the Spanish Agricultural Guarantee Fund.

Creation:

File number 15: Data Repository Food Aid.

Purpose and uses: Management of activities related to the Food Aid Plan to the most deprived persons in the European Union. Carrying out part of the checks provided for in Article 10 of Commission Regulation (EC) No 807/2010 of 14 September 2010 laying down detailed rules for the supply of food from the intervention stocks for the benefit of the most deprived persons in the Union.

Affected persons and groups: beneficiaries of food aid and charities involved in the distribution of food aid.

Data Collection Procedures: Charities that deliver food aid to the beneficiary.

Basic file structure-database:

Identifying and personal data: DNI/NIF; name and last name.

Other data specially protected: Association Benefica to which they belong and/or from which they receive the aid. It allows to deduce data related to health and related to gender-based violence.

Other data type data: results of controls.

Treatment system: automated.

Personal character data and international data transfers: none.

Responsible body: Spanish Agricultural Guarantee Fund.

Authority to which the rights of access, rectification, cancellation and opposition may be exercised: Spanish Agricultural Guarantee Fund.

Support Unit. C/ Beneficencia, 8, 28004 -Madrid, or web page: www.fega.es.

Security measures with indication of the required level: high level.

Unit responsible for the declaration and registration of the file: Spanish Agricultural Guarantee Fund.

Modifications:

File number 2: Dairy production rate.

The following sections are worded as follows:

Data collection procedure: the interested party or its legal representative (companies), private entity (cattlemen), Agencies of the different Autonomous Communities.

Basic file structure-database: Administrative violation data: result of controls and penalties.

Treatment system: partially automated.

Security measures with indication of the required level: average level.

File number 6: Human Resources.

The following sections are worded as follows:

Basic file structure-database: Personal data identifying: DNI/NIF name and surname, image, address, social security number/mutuality, telephone, email, registration number personal, physical location.