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Order Def/916/2012, On 23 April, That Files Of Personal Data Of The Hospital General De Defense "pray And Gajias" Are Created In Zaragoza

Original Language Title: Orden DEF/916/2012, de 23 de abril, por la que se crean ficheros de datos de carácter personal del Hospital General de la Defensa "Orad y Gajías" en Zaragoza

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TEXT

Organic Law 15/1999 of 13 December on the Protection of Personal Data sets out a set of measures to ensure, and protect, in the treatment of personal data, public freedoms. and the fundamental rights of natural persons, and especially their personal and family honor and intimacy.

Article 20.1 of the aforementioned law determines that the creation, modification or deletion of files of Public Administrations may be made only by means of a general provision published in the Official Gazette of the State or Corresponding Official Journal. Similarly, the Additional Provision of this Law directs the Public Administrations responsible for files to approve the provision of the creation of such files.

In the Ministry of Defense, the General Hospital of Defense "Orad y Gajias" in Zaragoza manages certain files that were created under Royal Decree 1332/1994, of June 20, for which certain files are developed Aspects of the Organic Law 5/1992 of 29 October, of Regulation of the Automated Treatment of Personal Data, and of Royal Decree 994/1999 of 11 June 1999, for which the Regulations on the Security Measures of the Ficheros are adopted Automated containing Personal Character Data.

The entry into force of the Implementing Regulation of the Organic Law 15/1999 of 13 December, approved by Royal Decree 1720/2007 of 21 December, which repeals the aforementioned Royal Decrees, obliges the Ministry of Defense to adapt these files to the provisions of this regulation.

Finally, in accordance with the provisions of Article 26 of the Organic Law 15/1999 of December 13, this project has been previously reported by the Spanish Data Protection Agency.

In its virtue, I have:

Single item. Creating files.

Personal data files are created in the field of the General Hospital of Defense "Orad and Gajias" in Zaragoza, which are described in Annex I of this Order.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank that are opposed to the provisions of this Ministerial Order are repealed.

Single end disposition. Entry into force.

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

Madrid, April 23, 2012. -Minister of Defense Pedro Morenes Eulate.

ANNEX I

Relation of files with personal data of the General Hospital of Defense "Orad and Gajias" in Zaragoza

1. File of medical records of the "Orad and Gajias" HGD in Zaragoza.

2. ISFAS affiliate file-military health of the "Orad and Gajias" HGD in Zaragoza.

3. The "Orad and Gajias" HGD invoice authorization file in Zaragoza.

4. Personal management file of the director of the HGD centre "Orad y Gajias" in Zaragoza.

5. Protocol file and institutional acts of the "Orad and Gajias" HGD in Zaragoza.

6. HGD military personnel relationship file "Orad and Gajias" in Zaragoza.

7. File for the management of medical records-experts from the HGD "Orad and Gajias" in Zaragoza.

8. Video surveillance file of the "Orad and Gajias" HGD in Zaragoza.

9. HGD documentation log file "Orad and Gajias" in Zaragoza.

10. HGD contracting file "Orad y Gajias" in Zaragoza.

11. Billing file for the "Orad and Gajias" HGD in Zaragoza.

12. File for the management of the military personnel of the "Orad and Gajias" HGD in Zaragoza.

13. HGD drug-book file "Orad y Gajias" in Zaragoza.

14. HGD epidemiological survey file "Orad and Gajias" in Zaragoza.

15. HGD biological risk monitoring file "Orad and Gajias" in Zaragoza.

16. Management file transferred from the HGD "Orad and Gajias" in Zaragoza.

17. Surgical waiting list file and lack of "Orad and Gajias" HGD beds in Zaragoza.

1. File of medical records of the "Orad and Gajias" HGD in Zaragoza.

a) Finality of the file and the intended uses for it: File and custody of Clinical Stories for healthcare.

(b) Persons or collectives on which personal data are intended to be obtained or which are required to supply them: Patients.

c) Procedure for collecting personal data: Hospital medical services.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: Name and surname, NIF/DNI, address, telephone, No. SS/Mutuality, No. Number of clinical history, CIP, CIA.

2. º Personal characteristics: Date of birth, place of birth, age, gender.

3. º social circumstances: Military situation.

4. Data specially protected: Health.

Treatment System: Mixed: Manual/Automated

e) Data transfers of a personal nature and, where appropriate, transfers of data that are provided to third countries: Other health institutions, jurisdictional organs, FF and CC of State Security and those authorized by Its holders No international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: High level.

2. File of Affiliates to ISFAS-military health of the HGD "Orad and Gajias" in Zaragoza.

a) Finality of the file and the intended uses for it: Check the right to assistance for Military Health of patients affiliated with ISFAS that are derived from other Centers.

(b) Persons or collectives on which they are intended to obtain personal data or which are required to supply data: Affiliates.

c) Procedure for collecting personal data: Ministry of Defense.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last names, NIF/DNI, No. SS/Mutuality.

2. Personal Characteristics: Date of birth, age, gender.

Treatment system: Automated.

(e) Data transfers of a personal nature and, where applicable, transfers of data that are provided to third countries: No transfers or international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: Low level.

3. Billing file for the "Orad and Gajias" HGD in Zaragoza.

a) The end of the file and the intended uses for it: Control of referrals to other centers and checking of invoices.

(b) Persons or collectives on which personal data are intended to be obtained or which are required to supply them: Patients.

c) Procedure for the collection of personal data: through the stakeholders themselves or from the receiving centers of the derived patients.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last name, No. SS/Mutuality.

2. Data specially protected: Health.

Treatment system: Mixed: Manual/automated.

(e) Data transfers of a personal nature and, where applicable, transfers of data that are provided to third countries: No transfers or international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: High level.

4. File of the Activity Management of the Director of the HGD "Orad and Gajias" in Zaragoza.

a) Finality of the file and the intended uses for it: Management of the Hospital Director's personal agenda, appointments, commitments and contact agenda.

(b) Persons or collectives on whom data of a personal nature are intended to be obtained or which are required to supply such data: Any personnel, military or civil, related to the official commitments of the Director of the Centre.

c) Procedure for the collection of personal data: Directly of the data subjects or their representatives.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last names, professional address and telephone.

2. Job Details: Body/Scale, Job, Destination.

Treatment system: Mixed.

(e) Data transfers of a personal nature and, where applicable, transfers of data that are provided to third countries: No transfers or international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: Low level.

5. Protocol and Institutional Acts of the HGD "Orad and Gajias" in Zaragoza.

a) Finality of the file and the intended uses for it: Management and coordination of institutional acts, as well as the control of presentation and farewell books and the Center's book of honor.

(b) Persons or collectives on whom they are intended to obtain personal data or who are obliged to supply them: Military in active and retired, civilian personnel.

c) Procedure for the collection of personal data: Directly of the data subjects or their representatives.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last names, professional address and telephone.

2. Job Details: Body/Scale, Job, Destination.

Treatment system: Mixed.

(e) Data transfers of a personal nature and, where applicable, transfers of data that are provided to third countries: No transfers or international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: Low level.

6. HGD Military Personnel Relationship File "Orad and Gajias" in Zaragoza.

a) Finality of the file and the intended uses for it: Listings of military personnel related to different military missions and Peace Operations.

(b) Persons or collectives on which they are intended to obtain personal data or which are required to supply such data: Military Health Personnel.

c) Procedure for the collection of personal data: information provided by the General Health Inspectorate IGESAN.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last names, telephone, NIF/DNI.

2. Personal Characteristics: Military situation.

3. Job Details: Body/Scale, Category/Grade, Target.

Treatment system: Mixed.

(e) Data transfers of a personal nature and, where applicable, transfers of data that are provided to third countries: No transfers or international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the level required: Level, medium.

7. Medical case management file-the "Orad and Gajias" HGD's pericials in Zaragoza.

a) Finality of the file and the intended uses for it: Management of cases of exclusion, Control of medical casualties, Medical expert selection, recognition of courses of access, improvement, driving, etc.

(b) Persons or collectives on which they are intended to obtain personal data or which are obliged to supply them: Military, military teaching centers, aspiring military teaching centers, Civil Guard.

c) Procedure for the collection of personal data: The data subject himself and the units of expertise, controls, psychiatry, traumatology.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last names, NIF/DNI.

2. º Personal Characteristics: Date of birth.

3. º social circumstances: Military situation.

4. Academic and professional.

5. Job Details: Body/Scale. Category/Grade. Jobs.

6. Data specially protected: Health, racial origin.

-Character data specially protected according to article 81.5 and 81.6 of the RLOPD:

Health (degree of disability or disability of the affected person for the performance of public duties) Treatment system: Mixed.

e) Data transfers of a personal nature and, where appropriate, transfers of data that are provided to third countries: Military and/or civilian medical courts, national and/or regional health systems, and Selection Courts. No international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: High level.

8. Video surveillance file of the HGD "Orad and Gajias" in Zaragoza.

a) Finality of the file and the intended uses for it: Recording of images for the control of access and surveillance of the facilities of the General Military Hospital of Defense in Zaragoza.

(b) Persons or collectives on whom data of a personal nature are intended or required to be supplied: Visitors, patients and workers of the Hospital.

c) Procedure for collecting personal data: The data subject himself by recording images in video support.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: Imagen/voice.

Treatment system: Automated.

e) Data transfers of a personal nature and, where appropriate, transfers of data that are provided to third countries: Judicial organs; State Security Forces and Corps. No international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: Low level.

9. Log file for the entry and exit of the HGD documentary information "Orad y Gajias" in Zaragoza.

a) The end of the file and the intended uses for it: Input and output records of the Center documentation.

(b) Persons or collectives on whom data of a personal nature are intended to be obtained or which are required to supply them: Any category of affected persons interested in the administrative processes.

c) Procedure for the collection of personal data: the data are collected through the files and documentation submitted by the senders to the General Hospital of the Defense "Orad and Gajias" in Zaragoza.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last name, address and first/fingerprint, DNI, address, telephone.

2. Job Details: Body/Scale. Category/Grade.

Treatment system: Automated.

(d) Recessions of personal data and, where applicable, data transfers that are provided to third countries: No transfers or international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: Low level.

10. HGD Staff Recruitment File "Orad and Gajias" in Zaragoza.

a) Finality of the file and the intended uses for it: management of the hiring, accounting and billing with suppliers and patients, management of the economic compensation with other entities. Compilation of statistical reports.

(b) Persons or collectives on whom data of a personal nature are intended to be obtained or which are obliged to supply such data: Employers and proxies of the contracting undertakings.

c) Procedure for collecting personal data: The person concerned himself. or as a result of the documentation generated by the administrative activity.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last names, NIF/DNI, address, telephone, No. SS/Mutuality.

2. º Personal characteristics: Date of birth, sex.

3. Academic and professional: Training, degrees. Professional experience.

4. Job Details: Category/Grade. Jobs.

5. Economic, Financial and Insurance: Banking data.

6. Data relating to criminal and administrative offences: Those relating to the commission of criminal or administrative offences.

Treatment system: Mixed.

e) Data transfers of a personal nature and, where appropriate, transfers of data that are provided to third countries:. Public Finance and Tax Administration, banks, savings banks and rural banks, insurance companies, health entities as established in Law 16/2003 on the cohesion and quality of the National Health System.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: High level.

11. File of Billing and economic management of the HGD "Orad and Gajias" in Zaragoza.

a) The end of the file and the intended uses for it: Billing management of the health care services.

(b) Persons or collectives on which personal data are intended to be obtained or which are required to supply them: Patients.

c) Procedure for the collection of personal data: Pharmacy Service and Medical Subdirection.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last names, NIF/DNI, SS/Mutuality.

2. Data specially protected: Health.

Treatment system: Mixed.

e) Data transfers of a personal nature and, where appropriate, transfers of data that are provided to third countries: HEALTH (Aragonese Health Service) and health insurance companies. No international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: High level.

12. HGD Military Personnel Management file "Orad and Gajias" in Zaragoza.

a) Finality of the file and the intended uses for it: Listings of the military personnel coming from the service sheets. Copy of the service sheets.

(b) Persons or collectives on whom they are intended to obtain personal data or who are obliged to supply them: professional military personnel.

c) Procedure for the collection of personal data: The interested party and the Official Journal.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last names, NIF/DNI, telephone.

2. º Personal Characteristics: Date of birth.

3. º social circumstances: Military situation.

4. Job Details: Body/Scale. Category/Grade. Jobs. Non-economic payroll data. Worker history.

5. Data specially protected: Health.

Treatment system: Mixed.

(e) Data transfers of a personal nature and, where applicable, transfers of data that are provided to third countries: No transfers or international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: High level.

13. HGD's "Orad y Gajias" Drug Book File in Zaragoza.

a) Finality of the file and the intended uses for it: Fiscalize the consumption of narcotic drugs in the Center.

(b) Persons or collectives on which personal data are intended to be obtained or which are required to supply them: Patients.

c) Procedure for collecting personal data: The physicians of the Center.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last name, No. Personal Record.

2. Data specially protected: Health.

Treatment System: Manual.

e) Data transfers of a personal nature and, where appropriate, transfers of data that are provided to third countries: Bodies and Security Forces of the State. Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: High level.

14. Data file of the Epidemiological Survey of the "Orad and Gajias" HGD in Zaragoza.

a) Finality of the file and the intended uses for it: Epidemiological survey of notifiable diseases and accidental exposure to biological material (EAMB) in military personnel.

(b) Persons or collectives on which personal data are intended to be obtained or which are required to supply them: Patients.

c) Procedure for collecting personal data: The data subject himself.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last names, age, address, telephone.

2. º Personal Characteristics: Date of birth, age.

3. Job Details: Body/Scale. Category/Grade. Target.

4. Data specially protected: Health.

Treatment System: Manual.

e) Data transfers of a personal nature and, where appropriate, data transfers that are provided to third countries: Institute of Preventive Medicine of the Defense and Epidemiological Surveillance Service of Zaragoza. No international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: High level.

15. The "Orad and Gajias" HGD Biological Risk Tracking File in Zaragoza.

a) Finality of the file and the intended uses for it: Biological risk tracking.

(b) Persons or collectives on whom they are intended to obtain personal data or who are obliged to supply them: military personnel of the centre.

c) Procedure for collecting personal data: The data subject himself.

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last names.

2. Job Details: Jobs.

3. Data specially protected: Health.

Treatment System: Manual.

(e) Data transfers of a personal nature and, where applicable, transfers of data that are provided to third countries: No transfers or international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: High level.

16. The Transferred Query Management file from the "Orad and Gajias" HGD in Zaragoza.

a) Finality of the file and the intended uses for it: Inform the corresponding services of the hospital of the queries transferred from the HEALTH. Enable billing to the Health (Aragonese Health Service) of the transferred queries.

(b) Persons or collectives on which personal data are intended to be obtained or which are required to supply data: Health patients.

c) Procedure for the collection of personal data: Health Service (HEALTH).

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last names, NIF/DNI, address, telephone, No. SS/Mutuality.

2. º Personal Characteristics: Date of birth.

3. Data specially protected: Health.

Treatment system: Automated.

e) Data transfers of a personal nature and, where appropriate, transfers of data that are provided to third countries: To the Health. No international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: High level.

17. Surgical Wait List file and Lack of "Orad and Gajias" HGD Camas in Zaragoza.

a) Finality of the file and the intended uses for it: Programming surgical interventions coming from the Health (Aragonese Health Service). Support saturation beds of other hospitals.

(b) Persons or collectives on which personal data are intended to be obtained or which are required to supply them: Patients.

c) Procedure for the collection of personal data: Health Service (HEALTH).

d) Basic file structure and description of the personal data included in the file:

Description of data types:

1. Identifiers: First and last names.

2. Data specially protected: Health.

Treatment system: Automated.

e) Data transfers of a personal nature and, where appropriate, transfers of data that are provided to third countries: To the Health. No international data transfers are foreseen.

f) Authority of the Administration responsible for the Ministry of Defense. General Inspection of Defence Health. General Hospital of the Defense "Orad and Gajias" in Zaragoza.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: General Hospital of the Defense "Orad and Gajias" in Zaragoza. Via Ibérica, 1-15. 50009 Zaragoza.

h) Security measures with indication of the required level: High level.