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The treatment of public archives has been addressed in our legal order, traditionally, from an eminently historical-heritage perspective. A very focused approach to the conservation and protection of our documentary heritage, which, although fundamental, is currently insufficient. The increasing heterogeneity of the documents produced by public administrations and individuals, the changes resulting from the incorporation of information and communication technologies, the emergence of new management models, with digital and paper mixed systems, and the recognition of a series of citizens ' rights that have an impact on documentary and archival management, have set a new scenario that demands the completion of traditional treatment of archives with a more far-reaching and perspective-based regulation. A better management of the heterogeneous documentary funds is needed to facilitate the availability of the citizens of the wide variety of documents that are contained in the public archives and to ensure, at the same time, their correct management and conservation.
This Royal Decree establishes the Spanish Archives System, configured on the basis of voluntary cooperation relations, in accordance with Law 16/1985 of 25 June of the Spanish Historical Heritage. The new regulation aims to provide the administrations and actors involved with sufficiently flexible tools to enable archival communication within a dynamic framework of inter-administrative cooperation. To this end, the Council for Archivistic Cooperation, a specific collegiate body of interadministrative composition, is set up to channel archival cooperation between the public administrations involved.
On the other hand, the standard establishes guidelines for the coordination of the archival criteria applicable in the General Administration of the State and the public agencies of the State. The new Commission of Archives of the General Administration of the State, a body with inter-ministerial representation, is entrusted with the coordination of the archival policy of the ministries and public bodies as members of the System Archives of the General Administration of the State. In the System design, it is taken into account that, in the active phase of the life cycle of documents, the efficient management of administrative information is key both for internal organization and for the external activity of the Administration, while the active phase is completed, it is the historical-patrimonial and cultural dimension of documents and archives that acquires progressively greater relevance. As a result, this Royal Decree provides for a common, general regulation to ensure the proper archival treatment of administrative documents throughout their life cycle.
This rule also seeks to facilitate the exercise of citizens ' right of access to files and administrative documents by clarifying the criteria set out in the very different applicable legislation and with the introduction of a very simplified common procedure for requesting access. In the regulation of the procedure, which seeks to suppress uncertainties and eliminate any occasion of arbitrariness, the need to protect public and private interests in the terms recognized in the Constitution and the Laws is very present. which justify the existence of special requirements and conditions for access to documents which are not of free consultation and require authorisation. In particular, this regulation is respectful of the delicate balance that must be maintained between safeguarding the fundamental right to the protection of personal data-in accordance with the regulation contained in Organic Law 15/1999 of 13 December. of personal data protection-and the right of access to documents and files. In order to carry out a weighting as closely as possible, the rule distinguishes a variety of assumptions in relation to access to documents containing personal data and graduates, taking into account the type of data, the age of the document, circumstances of the case and the purpose of the access, the conditions and requirements to be met to lift access restrictions.
The scheme provided for-the requirements of the application for the exercise of the right of access, the regulation of processing and resolution, the right to obtain copies-is in accordance with the provisions of Law No 30/1992 of 26 November 1992. Legal status of the public authorities and the common administrative procedure, which in Article 37 provides that ' citizens have the right to access records and documents which, as part of a file, are in the administrative files, whatever the form of expression, graphic, sound or image or the the type of material support in which they appear, provided that such files correspond to procedures completed on the date of the application ", while mentioning a variety of subjects governed by their specific regulation. Indeed, this Royal Decree does not interfere with the specific regulations governing in sector areas, such as environmental information, tax information or health data. This is a regulatory development, which complements and facilitates the application of legal provisions relating in general to the right of access to documents, such as those contained in Law No 30/1992, in Law 16/1985 of 25 In June, the Spanish historical heritage, in Law 11/2007, of 22 June, of electronic access of citizens to public services or, more recently, in Law 52/2007, of 28 December, for which rights are recognized and extended establish measures in favour of those who suffered persecution or violence during the civil war and the dictatorship.
In conclusion, this rule does not alter the material access to the documents contained in the archives of the General Administration of the State, which continues to be determined, as it cannot be otherwise, by the corresponding general and sectoral legal rules for implementation in each field. This plurality of material regimes, however, is compatible with the recognition of a common administrative procedure for the application of access to documents kept in the archives of the General Administration of the State. Such a procedural regulation is to provide clarity and certainty to all stakeholders, in addition to determining the procedural particularities existing under some of the restricted access situations and is generally applicable to all interested parties. the files of the Administration, except for those of the office or management, because of the pending processing or the continuous use and consultation which constitute the defining characteristics of these files and which require, precisely, a procedural system of access other than that of the documents which have already been transferred to the central or general files and those deposited in the intermediate and historical files.
In the elaboration of this standard, the Autonomous Communities have been consulted.
The rule is issued under Article 149.1.28 EC which gives the State exclusive jurisdiction over state ownership files. However, for the establishment of the Spanish system of regulated archives in the first two Chapters, Article 149.2 EC, which recognises the concurrent competence in the field of culture, is invoked in terms reiterated by the case-law of the Constitutional court and in a manner consistent with the principle of cooperation.
In its virtue, on the proposal of the Minister of the Presidency and the Minister of Culture, with the prior approval of the Vice President of the Government of Territorial Policy and Minister of Territorial Policy and Public Administration, with the Council of State and after deliberation by the Council of Ministers at its meeting on 18 November 2011,
DISPONGO:
CHAPTER I
General provisions
Article 1. Object and scope of application.
The object of this Royal Decree is:
a) Establish the Spanish Archives System, provided for in Article 66 of Law 16/1985 of 25 June, of the Spanish Historical Heritage, formed by the archives of the General Administration of the State and the other archives public and private, linked to the System by means of the relevant cooperation instruments.
b) Regular the General Administration of the State Archives System as a whole of all the files of ownership of the General Administration of the State, as well as of the entities governed by public law dependent on her.
c) Establish the common procedure for access to the working documents in the Archives System of the General Administration of the State.
Article 2. Definitions.
1. For the purposes of this Royal Decree, and without prejudice to the provisions of article 59.1 of Law 16/1985 of 25 June, of the Spanish Historical Heritage, and of the corresponding autonomous legislation, it is understood by file:
a) The organic set of documents, or the meeting of several of them, produced or assembled by natural or legal persons, public or private
(b) Entities, which in accordance with international standards of archival description, comprise institutions, persons and families, which gather, retain, organize, describe and disseminate organic and/or organic assemblies. document collections.
2. For the purposes of this Royal Decree is understood by:
(a) Archivist system: A set of regulatory standards, as well as of bodies, centres and services responsible for the effective management of documents and archives.
b) File document: Exemplary in any kind of support, testimony to the activities and functions of natural and legal persons, public or private.
c) Electronic document: According to the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services, information of any kind will be understood by electronic document in electronic form, archived in an electronic medium, according to a particular format and susceptible of identification and differential treatment.
(d) Electronic file: In accordance with the provisions of Law 11/2007 of 22 June 2007, electronic access of citizens to Public Services, the electronic file will be understood as the set of documents electronic for an administrative procedure, whatever the type of information they contain.
e) Life cycle of documents: The different stages in which documents are traversed from the time they are produced to their disposal in accordance with the established procedure, or where appropriate, their permanent preservation.
f) Conservation Calendar: It is the work instrument that is the result of the documentary assessment process, in which the deadline for the retention of the archival documents is collected in each of the phases of the life cycle for its selection, disposal or permanent preservation and, where appropriate, the method and procedure for selection, disposal or conservation on other support.
g) Identification: It is the phase of archival treatment that consists of the investigation and systematization of the administrative and archival categories in which the structure of a fund is based.
h) Documentary assessment: It is the study and analysis of the administrative, legal, fiscal, information and historical characteristics of documents or other documentary groupings.
i) Removal of documents: It consists in the physical destruction of documentary units or series by the organ responsible for the file or public office in which they are located, using any method that guarantees the impossibility to rebuild them and their subsequent use.
j) Metadate: Metadata is understood to be any standardized description of the characteristics of a data set. In the context of the electronic document, any type of information in electronic form associated with electronic documents, of an instrumental nature and independent of its content, intended for the immediate and automatable knowledge of any of the its characteristics, in order to ensure the availability, access, conservation and interoperability of the document itself.
CHAPTER II
The Spanish File System
Article 3. The Spanish File System.
1. The Spanish Archives System provided for in Article 66 of Law 16/1985, of 25 June, of the Spanish Historical Heritage, comprises the set of organs, centers, systems and means which, through cooperation and coordination, act together with the aim of developing archival services to facilitate citizens ' access to public archives in the terms laid down in the general rules.
2. They are part of the Spanish File System:
a) The Archives System of the General Administration of the State and its public bodies.
(b) Regional, regional, regional, regional, and regional systems, in the light of cooperative relations, based on the principle of voluntarism, to be established, and without prejudice to the application of their respective rules.
c) Files of all types of public and private entities incorporated into the system through the corresponding agreements and conventions.
3. Within the framework of the Spanish Archives System, each Administration, in accordance with its competences, will promote a balanced, coherent and innovative development of the set of existing archives and systems in Spain and promote the equality of all citizens in access to a quality public service.
4. The Ministry of Culture, as the coordinating organ of the System, and in cooperation with those responsible for the corresponding archives, will ensure the conservation and dissemination of the documentary heritage and its defense against the expoliation. To this end:
a) Will elaborate the Census-Guide to the Documents of the members of the Documentary Heritage.
b) Ensure the selective maintenance and dissemination of specialized bibliographic information in the field of archives and other related disciplines.
c) Promote the ongoing training of archives staff with adequate and sufficient resources, as well as the promotion of the exchange of archivists through the development of national and international programmes in cooperation with Autonomous Communities.
d) Promote scientific research and technological development and innovation within the archivist field, as well as the carrying out of research projects in cooperation with other scientific and cultural institutions, in collaboration with the Autonomous Communities. The archives may be research project promoters and archivists may present themselves as research staff to national and international calls.
e) Will promote the creation of digital platforms and projects in accordance with the criteria of online accessibility, digitisation of funds, preservation and duplication for dissemination purposes and collaboration in projects of development of digital content promoted by public administrations.
f) It will boost cooperation with other countries and cultural areas, especially with the countries of the European Union, Latin America and the Mediterranean, in digitisation programmes and in the development and development of platforms and portals on the Internet, in order to promote the knowledge and dissemination of documents that are part of a common history.
Article 4. Archival cooperation.
1. Archival cooperation includes links which, on a voluntary basis, are established between archives and archivist systems which are dependent on the various public authorities and on all types of entities or natural persons. exchange information and services, expertise and technical means, with the aim of optimising resources and developing the services provided by the archives.
2. The relations of the General Administration of the State with the autonomic archivist systems shall be governed by the provisions of the respective agreements of collaboration which, for this purpose, are signed with the Autonomous Communities.
3. The General Administration of the State, in collaboration with the rest of the Public Administrations and all types of private entities, will promote and promote archival cooperation through:
a) The establishment of general and specific plans, which must be approved by the Council of Ministers.
(b) The subscription of conventions and other instruments of cooperation between public administrations and private ownership files.
c) the impetus of the operation of the Patronates of the Historical Archives of national character and of the collegiate bodies in the archivist matter with the presence of the General Administration of the State.
d) The Spanish presence in international organizations and organizations and participation in supranational projects.
Article 5. The Council for Archivistic Cooperation.
1. The Council for Archivistic Cooperation, as a body attached to the Secretariat of the Ministry of Culture, is the body of cooperation between public administrations in the field of archives.
2. These are Council functions:
a) The promotion of the integration of archival systems of public ownership and private archives into the Spanish Archives System.
b) The development of uniform criteria for the development of archival services.
c) The proposal and promotion of the development of public policies, guidelines and strategies regarding the management of archives and documentary heritage, with special attention to the implementation of new technologies in the file management.
(d) Report the plans for archival cooperation provided for in Article 4.3 (a) and follow up and, possibly, the proposal of its update.
e) The promotion and promotion of vocational training and exchange in the archivist field.
f) The impetus of international cooperation.
3. The Council of Archivist Cooperation shall be chaired by the Secretariat of the Ministry of Culture.
4. Together with its President, the Council of Archivistic Cooperation shall comprise six representatives of the General Administration of the State, with a rank of director-general or equivalent, appointed by the Ministries of Foreign Affairs and Cooperation, Defense, Economy and Finance, Presidency, Territorial Policy and Public Administrations and Culture, a representative of each Autonomous Community, three representatives of the local authorities, appointed by the association of local authorities State-wide scope and a representative of the Council of Universities.
5. The Secretariat of the Council shall be responsible for an official of the Ministry of Culture, who shall act in plenary with a voice but without a vote.
CHAPTER III
File System of the General Administration of the State and its public bodies
Section 1. General Provisions
Article 6. Definition.
The System of Archives of the General Administration of the State is the set of departmental archivist systems, organs, archives and centers of the General Administration of the State and its public bodies, acting as coordinated manner in order to ensure the proper management of the funds, collections, documents and other documentary groupings produced or assembled in the exercise of their powers and to facilitate the access of citizens to same.
Article 7. Composition.
The Archives System of the General Administration of the State integrates the archives, centers, services and, where appropriate, archival systems of the ministerial departments, and their existing public bodies and those in the future can be created regulatively.
The State General Administration Archives Commission will act as the System Coordinator.
Article 8. File Classes.
The Archives of the State General Administration's File System, addressing the life cycle of documents, are classified into:
a) Office or management files.
(b) General or central archives of the Ministries and the public bodies dependent on them.
c) The intermediate file.
d) Historical files.
Article 9. Office or management files.
These files exist in all the organs and administrative units for the custody of documents in the process of processing or undergoing continuous use and administrative consultation. These documents, after completion of their processing or their use and consultation stage, will be transferred to the central file of the respective Department, in accordance with the deadlines established during the assessment process.
The office or management files will perform the following functions:
1. Support administrative management.
2. º Credit the performances and activities of the production unit.
3. Arrange the documents produced by their respective units.
4. To transfer the documents to the Central Archive, in the form and time set out in the corresponding conservation calendar prepared jointly with the Central Archive, after the deadline for the stay in the file is exhausted. production unit.
5. Remove the informational support documents before the transfer to the Central File.
Article 10. General or central archives of ministries and public bodies dependent on them.
1. These files exist in the ministries and public bodies for the custody of the documents, after the completion of their processing and after the deadlines established by the current regulations or in the conservation calendars.
The Central File will perform the following functions:
1. Coordinate and control the operation of the various management files, as well as provide the necessary technical advice to the units and their management file, in order to achieve the correct conservation and technical processing of file documents, in accordance with the specific rules corresponding to each documentary series.
2. º Carry out the series identification process and draw up the classification table.
3. Describe the series fractions according to international and national standards of archival description.
4. Carry out documentary evaluation processes, in order to raise the corresponding proposals for the elimination, or in their case, of permanent preservation of documents, in application of the procedure established by the regulations in effect.
5. To process, if applicable, the document removal files, once the requirements required by the current regulations have been met and in accordance with the approved conservation calendars.
6. º Make the required and periodic transfers of documents to the intermediate file, accompanied by their corresponding delivery relationship.
7. º Provide the intermediate file with descriptions of the serial fractions that are the object of each of the transfers.
8. To participate in the multidisciplinary teams responsible for the design and implementation of the management systems of the administrative procedures dealt with in electronic support.
2. The competent organs of each Ministry shall propose the calendars for the preservation and access of the documents that they guard in the different files provided for in this article, communicating them to the Superior Commission of Documents Administrative.
Article 11. Intermediate file.
The intermediate file is the institution responsible for the custody of the documents generated and collected by the different ministerial departments and their public bodies, after the end of their active phase according to the set out in the conservation calendars. The General Administration Archive is the intermediate file of the General Administration of the State, according to the current regulations.
The General Administration Archive, as an intermediate file of the General Administration of the State and attached to the Ministry of Culture, has the following functions:
1. Keep the documents that are transferred from the Central Archives of the Ministries.
2. Apply, where appropriate, the resolutions adopted by the Superior Commission of the Qualifier of Administrative Documents regarding the elimination of documents, guaranteeing their effective destruction, processing the prescriptive removal files as provided for in the legislation in force.
3. Apply, where appropriate, the resolutions adopted by the Superior Commission of the Qualifier of Administrative Documents regarding the permanent conservation, and access where appropriate, of documentary groupings.
4. To identify and carry out documentary assessment processes, in order to raise to the Commission a Departmental Qualifier or Working Group proposals for the elimination, or, where appropriate, of permanent document preservation, in application of the procedure laid down by the rules in force for cumulative documentary groupings which have not previously received archival treatment.
5. Set and value strategies that can be applied for the medium-term conservation of documents and electronic files received, such as emulation, migration, and format conversion procedures.
6. Complete the descriptions prepared by the Central Archive of the documentary groupings received, in particular as regards the higher levels of description or macro-description, in accordance with the rules International and national archival description.
7. Conduct the mandatory and periodic transfers of documents to the Historical Archive, accompanied by the corresponding elaborate description instruments.
Article 12. Historical files.
1. The historical archives are the institutions responsible for the custody, conservation and treatment of the funds belonging to the historical Spanish documentary heritage that reflect the trajectory of the state administration throughout the history or that in any case they are highly significant for its historical value, its unique importance or its international projection. They are historical archives of state ownership and management attached to the Ministry of Culture.
2. The National Historical Archive exercises the historical archive functions of the General Administration of the State.
The functions of the National Historical Archive, as a historical archive of the General Administration of the State and dependent on the Ministry of Culture, are:
a) Keep documents with historical value that are transferred to you from the General Administration File.
b) Apply document reproduction programs on alternative media to ensure the preservation of the original documents and encourage their dissemination.
c) Establish and value strategies that can be applied for the long-term preservation of documents and electronic files received, such as emulation, migration, and format conversion procedures.
d) Complete the descriptions prepared by the General Archive of the Administration on the documentary groupings received, in particular from the documentary units, in accordance with international and national standards archivist description.
e) Promote programs for the dissemination and cultural management of the protected documentary heritage.
2. In the field of the State's peripheral services, the same functions as those of the intermediate and historical archives play the same functions as the Provincial Historical Archives or those that can be created in the Government Delegations in the future.
3. According to its specific rules of creation and operation, the archives of a historical nature managed by the General Administration of the State, through the Ministry of Culture, will perform the functions provided for in this article in its respective areas of action.
Article 13. Archival coordination.
1. Each Ministerial Department shall organise its services to ensure the coordination of the operation of all the Archives of the Ministry and of the agencies to the related, as provided for in Article 65 of Law 16/1985, of Heritage Historical Spanish.
2. For these purposes, a Working Group may be established in each department for the coordination of the files within its departmental scope and its public bodies, assigned to the Secretariat. The ministerial working groups shall aim at:
a) Promote compliance in your files with the instructions and recommendations of the General Administration of the State Archives Commission.
b) To promote the particular criteria in relation to the accessibility of the working information in the archives of its competence.
c) Drive for inclusion in the Census-Guide for Spanish and Ibero-American Files of any file service that is dependent on your Department.
d) Promote management programs in which the objectives to be met by their archives should be established through the corresponding projects and actions to be developed.
e) Perform documentary assessment studies and raise requests for opinion to the Superior Commission of Administrative Documents.
3. The Commission of Archives of the General Administration of the State, an inter-ministerial body attached to the Ministry of the Presidency, shall draw up the instructions, recommendations, manuals and criteria to ensure compliance with the regulations in question. files and drive coordinated management of the files.
In particular, the Commission will establish instructions and criteria for homogenising, normalising and harmonising the archival tasks carried out in the different stages of the documentary cycle and in the different archives of its competence, such as:
(a) The implementation of document management systems that facilitate decision-making to administrative bodies and be guarantors of citizens ' rights.
b) The development of proposals for the harmonization and homogenization of the processes and tasks developed in the archives, in the interests of efficiency and administrative simplification.
c) The design of quality assessment plans and indicators, applicable to the System files.
d) The promotion of standardisation of archival description processes, applying national and international standards of description and the development of recommendations and proposals for study by the Standards Commission Spanish de Description Archivistica (CNEDA).
e) The use in the system files, of standard formats of common use, in accordance with the technical regulations and other recommendations of National and International Organizations.
4. The Presidency of the Commission of Archives of the General Administration of the State corresponds to the Office of the Undersecretary of the Ministry of the Presidency.
The Vice Presidency shall be the responsibility of the holder of the Secretariat of the Ministry of Culture.
They are members of the Archives Commission, along with the President and the Vice President:
(a) The President of the Working Groups referred to in paragraph 2 or a representative appointed by the Assistant Secretary.
b) The Directors General of the Book, Archives and Libraries and for the Impulse of the Electronic Administration.
c) The person holding the address of the General Administration File.
d) Up to a maximum of four vowels, appointed by the Commission on a proposal from its Presidency, representing bodies and public authorities of the General Administration of the State affected by this Royal Decree whose presence is considers it necessary in the Commission for its purpose, one of them chosen from among the Directors of the Provincial Historical Archives.
5. The Secretariat of the Commission shall be responsible for an official appointed by the Ministry of Culture, who shall attend the meetings with a voice but without a vote.
6. The High Commission of Administrative Documents, regulated by Royal Decree 1401/2007, of 29 October, is attached to the Commission of Archives of the General Administration of the State as its superior advisory body.
Section 2. Archival Treatment
Article 14. Life cycle of documents.
1. In general, the integrated files in the System will develop the following functions, in all phases of the life cycle of the documents:
a) Ensuring citizens ' access to public documents, in the form set out in the following chapter.
b) Facilitate access to their documents to the production units.
c) Give the documents the appropriate archival technical treatment, in accordance with international and national standards and the instructions and recommendations issued by the Archives Commission of the General Administration of the State, applicable according to the stage in which the file documents are located, including the relevant preventive and active conservation actions.
(d) To comply with the provisions of the conservation calendars, regarding the terms of access, transfer and, where appropriate, the elimination of the documentary series guarded in each type of file.
e) Collaborate in the development of programs of digitisation, reproduction, description, archival plans and other actions that can be promoted from the decision-making bodies of the System.
f) Employing new technologies in the development of their functions and activities.
g) Ensuring the integrity, authenticity, reliability, availability, confidentiality and preservation of documents and electronic files received or stored, as established by Law 11/2007, of June 22, electronic access of citizens to public services, in the National Security and Interoperability Schemes, and other development regulations.
Article 15. Identification, assessment and disposal.
1. The archivist coordination working groups of each ministerial department shall submit their proposals for the elimination or, where appropriate, permanent conservation for the opinion required by the Superior Commission of Documents. Administrative.
2. For the purposes of this Royal Decree, the removal of documents, including electronic documents and files, protected by the System's archives, may only be carried out in compliance with the requirements and the procedure laid down in the rules in force.
3. The preparation of conservation calendars and the coordinated assessment of series will be enhanced within the framework of the archivist coordination working groups.
Conservation calendars shall determine for each series or documentary grouping, the phases of activity, semi-activity or administrative inactivity and delimit the periods of permanence of the documents in each of the file types defined according to the life cycle. In no case will they be transferred to the Intermedio Intermedio documentary groupings when the Superior Commission of Administrative Documents has previously ruled its elimination.
In all the not foreseen in this article will be applicable for the regime of valuation and elimination of documents, the provisions of the Royal Decree 1164/2002, of 8 November, for which the conservation of the patrimony is regulated documentary with historical value, control of the disposal of other documents of the General Administration of the State and its public bodies and the preservation of administrative documents in support other than the original.
Section 3. Specific provisions on historical archives and documentary heritage
Article 16. Conservation of the documentary heritage.
The Ministry of Culture will ensure conservation for future generations of the documentary heritage in custody, by:
a) The establishment of policies to prevent the deterioration of archival documents using appropriate installation systems and with special attention to documents with more vulnerable formats and supports.
(b) The promotion of the creation and provision of restoration workshops in the archive centres deemed appropriate in order to address the active conservation of documents.
c) The development of preservation, restoration, and cooperation plans between the System Archives in the field of conservation.
Article 17. Enrichment of the documentary heritage.
1. The Ministry of Culture will promote:
a) Regular periodic transfers of series fractions or historical strings from the intermediate files to the appropriate historical file.
b) The incorporation of documents or documentary groupings of historical and informative interest, by means of purchase, deposit, comodato, donation or any other legal figure contemplated in the legal order.
c) The reproduction of documents held in other national or international centres by the subscription of collaboration agreements, agreements and contracts in compliance with the legally established requirements.
2. Files and funds acquired on the basis of the above paragraph shall be subject to the same conditions of custody, conservation, reproduction and dissemination as to the rest of their documentary funds, without prejudice to their ownership and in accordance with the relevant contract or legal instrument.
3. The Ministry of Culture's commitments include the joint and indivisible permanence of documents acquired in the state ownership file or center, in which custody is determined.
Article 18. Measures to promote documentary heritage.
1. The Ministry of Culture, in accordance with the current regulations, will arbitrate economic and technical means to collaborate with the owners and private owners of the Documentary Heritage in the maintenance, treatment and proper conservation of the Heritage.
2. To this end, it will be able to carry out periodic calls for aid under competitive competition aimed at private non-profit entities for the improvement of its facilities or equipment of its archives, as well as for the development of archival projects, in order to promote the conservation and dissemination of private documentary heritage in accordance with international standards and standards.
The beneficiaries of the above aid will be obliged to:
a) Ensure public access to their funds under the conditions that are established jointly.
(b) Ceder, when the call for aid, the rights of reproduction, public communication and transformation on the Internet, of all the elements that constitute the result of the project carried out, independently of the media in which it is delivered.
c) Authorize the dissemination through the Internet and the institutional platform of the Ministry of Culture of the information provided as a result of the implementation of the projects supported. The dissemination of the information under no circumstances will mean or undermine the intellectual property rights that may exist.
Article 19. Dissemination of file documents and other cultural or informational resources of the Spanish file system.
The Ministry of Culture will promote dynamic programs aimed at ensuring the dissemination to the society as a whole, of the contents and the telematic and face-to-face services offered by the file centers of the System File Spanish, through:
a) The development of the Spanish Archives Portal that puts on the Internet and the service of citizens, the descriptive databases and the digitized images of the documents of the archive centers of the Ministry of Culture and any other file center of the Spanish Archives System that wants to adhere to the aforementioned platform, in order to promote free and free access of users to the cultural and informative content that is custodian.
b) The impulse through the Center for Documentary Information of Archives, the Census Guide of Archives, as an electronic guide and directory of the archives of Spain and Ibero-America, which allows citizens the immediate location of file centres as well as the funds and collections they provide and the services they provide.
c) The development of a collective catalogue accessible by the Internet, including information on the bibliographic and hemerographic copies of the historical libraries and the specialized or auxiliary libraries of the archives of the Ministry of Culture, coordinated from the Center for Documentary Information of Archives.
d) The design and development of communication and marketing strategies and the use of the Web as an immediate tool for information.
e) The programming and design of in-person exhibitions and virtual visits and exhibitions that allow the dissemination of archival documents as well as their historical, scientific and cultural interest.
f) The impulse of pedagogical activities that bring the archives and the historical context of production of the documents, to the students of the different formative cycles.
g) The development of electronic and paper editing programs, reference instruments, catalogues, newsletters and any other work of interest for the knowledge and dissemination of the documentary heritage.
h) Support and promotion of conferences, conferences, congresses and cultural activities related to the scope of the archives.
Section 4. Electronic documents and digital preservation.
Article 20. Conditions for the retrieval and preservation of the electronic document.
1. The provisions of this Royal Decree concerning the documents belonging to the System of Archives of the General Administration of the State, will also apply to documents in electronic support, with the specialties derived from Law 11/2007, of 22 June, of electronic access of citizens to public services, of the National Schemes of Safety and Interoperability, and other regulations of development.
2. The Ministerial Departments and related or dependent public law entities shall take the necessary organisational decisions and technical measures in order to ensure the recovery and preservation of the documents electronic throughout its life cycle. Among these:
(a) The clear and precise identification of each of the documents by means of a univocal code that permits identification in an interadministrative exchange environment.
b) The association of the mandatory and, where appropriate, complementary minimum metadata associated with the electronic document.
(c) The inclusion, in the case of electronic files, of an electronic index signed by the acting body or entity that ensures the integrity of the electronic file and enables its recovery.
d) Full and immediate retrieval of documents through online query methods to data that allows the display of documents so that they are readable and identifiable.
e) The adoption of measures to ensure the preservation of the memory and identification of the bodies exercising competence over the document or file so that the citizen of today and the future can understand the context in which it was created.
f) the maintenance of the evidentiary value of documents and files and of electronic evidence as evidence of the activities and procedures, as well as the observance of the legal obligations incumbent upon them; services.
g) The transfer of the electronic files to the historical archives for permanent conservation, in accordance with the provisions of the current regulations, so that their conservation and accessibility can be ensured medium and long term.
h) The erasure of the information, if any, or if the physical destruction of the media is appropriate, in accordance with a regulated procedure and leaving record of its disposal.
i) The assessment and establishment of strategies that can be applied for the medium and long-term conservation of documents, such as emulation, migration and format conversion procedures.
Article 21. Application of information and communications technologies in the management and processing of documents.
Ministerial Departments and their related or dependent bodies shall at all times promote the use of information and knowledge technologies in the archival processing of documents of their competence and in all matters relating to the conservation, management, access and dissemination functions entrusted to it by:
(a) The use of management systems, in accordance with the requirements set out in Law 11/2007, of 22 June, on the electronic access of citizens to public services and their development regulations.
b) The development of digital files or document repositories in electronic support by establishing document exchange formats or electronic files by defining common metadata and classifications to enable the re-use and exchange of information between the different bodies of the Administration.
(c) The application of the basic principles and minimum requirements required for adequate protection of information in order to ensure access, integrity, availability, authenticity, confidentiality, traceability and preservation of the data, information and services used in electronic means which they manage in the exercise of their powers.
d) The development of Integrated Information and File Management Systems and their implementation on shared computing platforms, with online and accessible online update procedures.
e) The progressive implementation of telematic services to collect, manage and respond to all requests, complaints and suggestions made by citizens about access, location, reproduction, or other issues related to the documents or services provided by the System files.
Article 22. Electronic documents transferred to the Intermediate File of the General Administration of the State.
The organizational decisions and technical measures provided for in this chapter will not be for the documentation transferred to the Intermediate Archive of the General Administration of the State by the various Ministries and Agencies, additional obligations to those laid down in Law 11/2007 of 22 June 2007 on the electronic access of citizens to public services, in the National Security and Interoperability Schemes and other implementing rules.
CHAPTER IV
Document and File Access Procedure
Article 23. Right of access to documents and files.
1. Any person has the right to access the documents kept in the files falling within the scope of this rule, in accordance with the terms set out in this Chapter without prejudice to the exclusions and limitations provided for in this Regulation. Constitution and laws.
2. The purpose of this Chapter is to regulate the common procedure for access to documents in the archives of the General Administration of the State, as well as to entities governed by public law which are linked or dependent on it, which do not have the consideration of office or management files.
3. The person responsible for the file will provide the assistance that is necessary to facilitate the exercise of the right of access, taking into account the special needs of some groups.
4. Archival information systems shall ensure the use of the co-official languages of the State in the terms provided for in Law 30/1992 of 26 November and in the rules applicable to it.
Article 24. Access request.
1. The application for access to documents may be submitted through the means and in the terms set out in Law 30/1992, of November 26, and in Law 11/2007, of June 22, and will be directed to the responsible of the file that the custody. In all files, a standard model of application will be available to interested parties, which will also be available at the electronic headquarters of the relevant Department or Public Law entity.
2. The application shall clearly state the document or set of documents to which it relates, as well as the identity of the applicant and an address, for the purposes of communications.
3. It will not be necessary to motivate the request for access to documents. However, the applicant may state the reasons for his request, which shall be taken into account in the processing and resolution of the application.
4. In order to facilitate the identification of the documents requested, the person responsible for the file shall make available to the public the reference instruments and description of the documentary funds which make up the file, with the exception of those in application of the legally intended limitations should not be included.
5. Public entities within the scope of this Royal Decree shall inform the competent body to resolve the requests for access. In the absence of an express provision, the competent authority shall be deemed to be responsible for the file which the documents for which the consultation is requested are held.
Article 25. File entry authorization and original document query.
1. The entry in the deposit area of the archives will be reserved for authorized personnel. Those who credit a relevant historical, scientific, statistical or cultural interest may request the person responsible for the file entry authorization for the examination of the working documentation. The conditions under which entry must be made shall be determined by the authorization, which may be refused on the basis of the need for the organisation of the services or the guarantee of the restricted nature of certain funds in the
.2. Where there are reproductions of the documents requested in the file, access to them shall be given as a general rule; in such cases, only where the matter or circumstances of the investigation warrant it and the state of preservation of the documents permit, access to the originals shall be permitted upon presentation of the relevant application for authorisation.
Article 26. Restricted access.
1. Documents kept in the files included in the scope of this rule shall be free of access, except where they are affected by any of the limitations provided for in the Constitution and in the Laws. In particular, documents classified in accordance with the rules on official secrets shall be restricted, documents containing information the dissemination of which could pose risks to the security and defence of the State. or interfere in the investigation of crimes or the effective judicial protection of citizens and institutions, as well as those declared reserved by a law with a range of law and those that contain personal data referred to in Article 28.
2. The person responsible for the file, where possible, shall have at the disposal of the public the relation of documents and documentary series of restricted access, excluding those who do not have to be subject to the protected interests advertising.
3. Access to documents excluded from public consultation shall be restricted and shall be conditional, with the exceptions and specialties provided for in the Law, on obtaining prior authorization.
4. By way of exception, the person responsible for the file may restrict the access to documents or documentary series which, without having been the subject of exclusion from public consultation, may incur, in his opinion and in the light of his content, in any of the limitations provided for in the laws.
Any alteration in the access to documents regime should be brought to the attention of the Superior Commission of Administrative Documents, which will be in charge of informing with character prior to the cases of modification of the free access regime.
Article 27. Request for consultation of restricted access documents for reasons of security and defence of the State.
1. Documents classified in accordance with the provisions laid down in the rules on official State secrets shall be excluded from the public consultation, and no authorisation may be granted for access as long as no decision is taken. declassification by the competent authority to perform it.
2. Where the request for consultation relates to documents or documentary series incorporating reservation or confidentiality marks, the competent body to resolve the application shall forward the application to its superior hierarchical or, in accordance with the rules of the organisation of the respective Ministries and Public Law entities, to the body that made the reservation or confidentiality declaration, to decide on the granting of the authorization of the consultation.
Article 28. Request to query restricted access documents for containing personal data.
1. The request for access to documents containing personal data relating exclusively to the applicant itself shall be governed by the rules on the protection of personal data.
2. Access to documents containing personal data which may affect the privacy or security of persons, or which are considered to be particularly protected under the terms of the personal data protection rules, including those found in sanctioning procedures or files, it shall be possible provided that the express and written consent of those affected is measured.
However, documents with personal data that may affect the security or privacy of persons shall be accessible when twenty-five years have elapsed since the death of those affected. If this information is not available, the data subject shall provide the corresponding certification issued by the Civil Registry.
When it is not possible to know the date or the fact of the death and the document or documents requested are older than fifty years, the access will be granted if, under the circumstances of the case, understands reasonably excluded the possibility of injury to the right to personal and family privacy or the risk to the safety of the affected person and always in accordance with the data protection regulations.
3. Access to documents containing nominative or merely identifying particulars of persons not affecting their security or their privacy shall be possible where the holder of the data has passed away or where the applicant establishes the existence of a legitimate interest in access.
For these purposes, it is understood that they have legitimate interest who request access for the exercise of their rights and the investigators who credit that the access is produced for a historical, scientific or statistics.
4. Access to documents containing personal data shall be granted without the need for the consent of the holders of the data, where appropriate, in advance of the timely decoupling, of the data in such a way as to prevent the identification of persons affected.
5. Information containing personal data may only be used for the purposes that justified access to it and always in accordance with data protection regulations.
Article 29. Processing and resolution.
1. The decisions of requests for access and direct consultation shall be notified in writing to the applicant, with an indication of the resources to be made against them, the administrative or judicial body to which they must be brought and the time limit. to do so. In the case of an estimate, they shall specify the form and, where appropriate, the period within which the documents requested shall be made available to the data subject or direct consultation is possible. The refusals shall be reasoned.
2. Where the application relates to documents which do not hold the authority to which it is addressed, it shall be referred to its own office, if it is known, to the extent that it is known to the applicant.
3. Where the indication of the existence or otherwise of the requested document involves any limitations on access, the application shall be dismissed, informing the person concerned of this circumstance.
4. Applications for access to documents necessary for the exercise of rights shall be dealt with on a preferential basis.
5. Applications which are deemed to be abusive because of their manifestly unreasonable or repetitive nature shall be inadmissible.
Article 30. Deadline to resolve and sense of silence.
1. The resolution of the request for access or consultation shall be adopted and notified as soon as possible and, in any case, within a maximum of one month from the receipt by the competent body to deal with it.
2. In the case of application for access to documents, where the volume of the requested, its location or the difficulties for its reproduction so warrant, the time limit for resolving may be extended for another month, informing the applicant.
3. The calculation of the deadline to resolve will be interrupted in the following scenarios:
(a) Where the applicant is required to address deficiencies and the provision of documents, in particular those relating to the consent of those concerned.
b) When a rule requires specific authorization.
The interruption of the deadline will be duly communicated to the interested party.
4. After the maximum time limit for resolving without the express resolution being notified, the request for access shall be deemed to be estimated.
Article 31. Obtaining copies.
1. The estimation of the request for access or consultation shall entail the right to obtain copies of the documents requested, except in the following cases:
a) When documents are not free to query.
b) When it is not possible to make the copy in a given format due to the lack of appropriate equipment or the excessive cost thereof.
c) When reproduction involves violation of intellectual property rights.
2. The resolution granting access shall express the possibility of obtaining copies and the conditions of use of such copies.
3. The issuing of certificates and copies and the transposition into different formats of the original may be subject to the prior payment of the levies which are legally established in the rules on public charges and prices.
Article 32. Regime of impeachments.
Against any resolution, express or presumed, relapse in the procedure regulated in this Royal Decree may be brought in the administrative and judicial-administrative resources that result from conformity with the applicable legislation.
Additional disposition first. Constitution of the Council of Archivistic Cooperation and of the Commission of Archives of the General Administration of the State.
Within three months of the date of the entry into force of this Royal Decree, the constitutive meeting of the Council of Archivistic Cooperation and the designation of its components will be convened.
The Archives Commission of the General Administration of the State and its public bodies will assume the functions of the Board of Archives and will be constituted within the maximum period of six months from the entry into force of this Royal Decree.
Additional provision second. Regulation of the Qualifying Commissions for Administrative Documents.
the Qualifying Commissions of Administrative Documents of the ministerial departments which have not been abolished by Royal Decree 776/2011 of 3 June, for which certain collegiate bodies are deleted and establish criteria for standardisation in the creation of collegiate bodies in the General Administration of the State and its Public Bodies, shall be governed by its specific regulations.
Additional provision third. Historic Archive of the Nobility.
By Royal Decree and within three months from the date of the entry into force of this Royal Decree, the governing bodies of the Historic Archive of the Nobility, based in Toledo, will be approved, the Section being deleted. Nobility of the National Historical Archive.
Additional provision fourth. The Archivistic Defense System.
The Archivistic Defense System is governed by its specific regulations. However, the system of access to the documents in question shall be that set out in this Royal Decree.
Additional provision fifth. Documentation that affects the international relations of Spain.
In order to adapt the provisions of this Royal Decree to the characteristics of the documentation that affects the international relations of Spain, an archival system of the Ministry of Affairs may be created External and Cooperation, by means of Royal Decree of joint initiative of the Ministers of Culture and Foreign Affairs and Cooperation.
For these purposes, within three months, a working group consisting of the above mentioned Ministries, of a joint composition and whose members shall be appointed by the respective Subsecretariats, shall be constituted.
In any case, the system of access to the documents in the archivist system will be the one established in this Royal Decree.
Additional provision sixth. Access regime for the Historical Archives of ownership and state management.
The provisions of this Royal Decree shall apply without prejudice to the specific rules of access to the funds of the Historical Archives of ownership and state management, due to their character of files opened to the public, provided they are more favourable to the right of access.
Additional provision seventh. Access regime for files and documents acquired by legal business.
The right of access to files and documents protected by the Ministry of Culture under purchase, such as data, deposit, donation or any other legal figure, shall be subject to the conditions laid down in the title in which the the legal business materializes.
Additional provision octave.
The access to the documents of the European institutions located in the archives included in the scope of this Royal Decree will be carried out without prejudice to the forecasts contained in the European regulations and, in of the provisions of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 on public access to European Parliament, Council and Commission documents.
Additional provision ninth. No increase in public expenditure clause.
The application of this Royal Decree will be made without increasing the operating costs of the respective management bodies and will not increase public expenditure.
First transient disposition. Rules and deadlines for transfers.
The rules and time limits for transfers of documents from the ministerial departments to the General Archive of the Administration set out in Decree 914/1969 of 8 May 1969 establishing the General Archive of the Administration, shall be progressively replaced by the conservation calendars and technical transfer rules that are approved in the framework of the State General Administration Archives System.
Second transient disposition. Higher Commission Qualify for Administrative Documents.
The Superior Commission of Administrative Documents will continue to develop its functions as a consultative superior body of the General Administration of the State in making decisions on permanent conservation and use of their documents, until the establishment of the Commission of Archives of the General Administration of the State, at which time their status as a consultative superior body of the State will be effective, with the same functions.
Single repeal provision. Regulatory repeal.
All rules of equal and lower rank are repealed as soon as they contradict or oppose the provisions of this royal decree, and in particular the following:
(a) The Decree of 22 November 1901, for which the State Archives Regulation is approved.
(b) The Decree of 24 July 1947 on the Management of Archives and Libraries and the Historical-Documentary and Bibliographic Treasury.
c) The Order of November 25, 1996, which regulates the composition and functions of the Board of Archives.
Final disposition first. Amendment of Royal Decree 1401/2007 of 29 October.
Article 2.1.a) of Royal Decree 1401/2007, of 29 October, governing the composition, operation and powers of the High Commission for the Qualifying of Administrative Documents, is hereby worded as follows:
"(a) President: The titular person of the Sub-Secretary of Culture, who may delegate to the First Vice-President."
Final disposition second. Competence title.
This Royal Decree is issued under the provisions of Rule 28 (1) of the Constitution, which gives the State exclusive jurisdiction over state ownership files. Chapters I and II, which are issued under the provisions of Article 149.2 of the Constitution, are exempted from the foregoing, under which, without prejudice to the powers that the Autonomous Communities may assume, the State shall consider the service of culture as essential duty and attribution and facilitate cultural communication between the Autonomous Communities, according to them.
Final disposition third. Departmental archivist organization.
The ministers of the ministerial departments will adopt the necessary forecasts to ensure the full application of the forecasts of this Royal Decree regarding the organization of the files of their competence in the period six months after its entry into force, except in cases where the relevant Ministry or Agency has no Central File, in which case the time limit shall be one year.
Final disposition fourth. Enabling regulatory development.
The holders of the ministerial departments, in the field of their competences, are authorised to take the necessary measures for the development and implementation of the provisions of this royal decree, provided they do not an overall increase in public expenditure and the organic structures of the ministerial departments.
Final disposition fifth. Entry into force.
This Royal Decree will enter into force on January 1, 2012.
Given in Madrid, on November 18, 2011.
JOHN CARLOS R.
The Minister of the Presidency,
RAMON JAUREGUI STUNNED
