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Law 11/2007, of June 22, of Electronic Access of Citizens to Public Services, enshrines the relationship with public administrations by electronic means as a citizens ' right and as an obligation correlative for such administrations and Article 12 provides that the publication of acts and communications which, by law or regulation, are to be published in notices or edicts may be replaced or supplemented by their publication in the electronic seat of the body concerned.
This Law dedicates its articles 10 and following to that electronic headquarters, justified regulation by the need to clearly define the "headquarters" electronic administrative with which the relations are established, promoting a regime identification, authentication, minimum content, legal protection, accessibility, availability and accountability.
For its part, the Royal Decree 1671/2009 of 6 November 2009, for which the aforementioned Law 11/2007, of 22 June, is partially developed, has in its article 3.2 that the electronic seats will be created by Order of the Minister or resolution of the holder of the public body, which shall be published in the "Official State Gazette" with the minimum content in that set.
In compliance with the provisions of this article, by Order TIN/665/2010 of 15 March, the Electronic Headquarters of the Ministry of Labour and Immigration was established.
On the other hand, the fifth additional provision of the new Regulation of the Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, following its reform by Law 2/2009, approved by the Royal Decree 557/2011, of 20 April, provides for the existence of an Edictal Board of Foreign Resolutions.
In particular, it provides that in the event that the notification of the decisions provided for in the procedures laid down in the Regulation cannot be applied, the notification shall be made by means of notice in that Board. Edictal.
The purpose of this order is to make this provision effective and to comply with the regulatory mandate, establishing the management and operation and publication in the Board, as well as the effects of the notifications issued by the competent bodies for foreign nationals, published on the Board.
Of its content, it is important to highlight the unity of board for all the procedures of aliens regulated by the Regulation of the Organic Law 4/2000 and the universal and free character of its consultation, through its accessibility to both through the Internet as in the Foreign Offices.
This order has been informed by the Ministry of Labour and Immigration's (Ministry of Labour)'s Ministerial Committee on Electronic Administration, in accordance with the provisions of Article 2.1.f (1) (f) and (g) of Order TIN/3644/2009 of 29 December 2009, regulating the composition and functions of the Commission.
It has also been informed by the Spanish Data Protection Agency, in accordance with the provisions of Article 5.b) of the Statute of the Agency, approved by Royal Decree 428/1993 of 26 March.
Finally, in its preparation, the Inter-Ministerial Committee on Foreign Affairs has issued a report in accordance with the provisions of the final provision of Royal Decree 557/2011 of 20 April 2011 and Article 3 (c) of the Royal Decree. Decree 1946/2000 of 1 December 2000 regulating the composition and functioning of the Interministerial Committee for Foreign Affairs.
This order is made in use of the privileges conferred on the effect by paragraph 3 of the fifth additional provision of the Organic Law 4/2000, of January 11, in its wording given by the Organic Law 2/2009, and paragraph 2 of the Additional provision 5 of the Regulation of the said Organic Law, approved by Royal Decree 557/2011 of 20 April.
Under the approval of the Vice President of the Government of Territorial Policy and Minister for Territorial Policy and Public Administration, I have:
Article 1. Object.
1. This order is intended to regulate the Issuing Board of Foreign Resolutions, including at the electronic headquarters of the Ministry of Labour and Immigration, as an official publication, through advertisements, of the notifications given in the scope of the alien, in the following cases:
a) When those interested in the procedure are unknown.
b) When the place of the notification or the means by which it is to be practiced is ignored.
c) When the notification was attempted, it could not be practiced.
2. The publication on the Edictal Board of Foreign Resolutions shall be considered official and authentic, in accordance with the rules and conditions laid down in this order.
Article 2. Subjective scope.
1. For the purposes of this order, the Office of the Government, the Office of Foreign Office, the Secretariat of State for Immigration and Emigration, the Office of the Secretary of State for Immigration and Immigration, the Office of the Secretary of State for Immigration and Immigration, Immigration, to the police stations when dealing with foreign files, to the Ministry of the Interior's Secretariat of State for Security, and to the Spanish diplomatic missions and consular offices abroad, according to the Regulation of the Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, following its reform by Law 2/2009, approved by Royal Decree 557/2011, of 20 April.
2. In addition, where appropriate, the competent bodies of the Autonomous Communities which have assumed powers in the field of notification of initial authorisations of work, without prejudice to the possibility of establishing the own the provisions of the fifth additional provision of Royal Decree 557/2011 of 20 April 2011.
Article 3. Features of the Edictal Board of Foreign Resolutions.
1. The Edictal Board of Foreign Resolutions will have a digital format and will conform to the specifications established in this order, as well as to the conditions set out in Law 11/2007, of June 22, of Electronic Access of the Citizens to Public Services, and in their development regulations.
2. The Board shall be accessible 24 hours a day, every day of the year, unless it is impossible due to extraordinary technical circumstances, and free of charge, at the electronic headquarters of the Ministry of Labour and Immigration, the terms set out in Article 12.
3. The publication on the Edictal Board of Foreign Resolutions will respect the principles of accessibility and ease of use, in accordance with the rules established in this respect, will use standards that are of widespread use by citizens with a constant adaptation to technological progress.
In particular, it will have the conditions of accessibility to facilitate its consultation by persons with disabilities or elderly persons, in accordance with the provisions of the Regulation on the basic conditions for access to persons with disabilities to the technologies, products and services related to the information society and social media, approved by Royal Decree 1494/2007 of 12 November.
Article 4. Guarantees of the Edictal Board of Foreign Resolutions.
1. It corresponds to the Ministry of Labour and Immigration's Subdirectorate-General for Information and Communications Technologies:
a) Ensure the availability of the Edictal Board of Foreign Resolutions as well as the authenticity and integrity of the content that is published in it, through the use of the related electronic signature systems in the Articles 18 and 19 of Law 11/2007, of 22 June.
b) Vellar to meet the accessibility conditions required for consultation by persons with disabilities or older people and their permanent adaptation to technological progress.
c) Ensure the generation of electronic evidence to enable the date and time of publication in the Edictal Board of Foreign Resolutions of the ads to be established, for the purposes of their timely accreditation back.
d) Publish to the electronic headquarters of that Department the practices and procedures necessary for the effectiveness of the provisions of this article.
Article 5. Features of the ads.
1. In the heading of each notice referred to in Article 1, it shall appear:
a) The shield of Spain.
(b) The name "Tablon Edictal de Resolutions de Extranjería".
c) The logo of the Edictal Board of Foreign Resolutions, which will be "TEREX".
d) The page number.
In each announcement, the identification of the organ or unit issuing it and ordering its publication, in accordance with the provisions of Article 6, shall also be included.
2. The notices shall also contain a representation of the electronic seal of the seat or of the procedure, carried out on the occasion of its publication in the Edictal Board of Foreign Resolutions, which shall be visible both in electronic form and in and which shall include, at least, the identification of the signatory organ or unit and the date on which such publication occurred.
Article 6. Competence to sort the publication.
The bodies which, in accordance with their respective powers, are entitled to issue the notices referred to in Article 1, shall be competent to order their publication in the Edictal Board of Resolutions. " Foreign Ministry.
Article 7. Responsible for the contents.
They will be responsible for the content of advertisements made available to the citizens on the Edictal Board of Foreign Resolutions the holders of the organs and units issuing the act published.
Article 8. Competence for publishing.
The publication in the Edictal Board of Foreign Resolutions of the notices referred to in Article 1 shall correspond to the General Subdirectorate of Information and Communications Technologies of the Ministry of Labour and Immigration.
Article 9. Deadline for publication of the notices.
1. The announcements will be kept published on the Edictal Board of Foreign Resolutions for a period of 20 calendar days.
For the purposes of calculating the time limit, the date of publication shall be that which appears in the visual representation of the electronic signature of the document, as described in Article 5.2.
2. The timing of the date and time, for the purposes of calculating the corresponding deadlines, will be carried out in accordance with the provisions of Article 15 of Royal Decree 4/2010 of 8 January, which regulates the National Interoperability Scheme in the the scope of the Electronic Administration.
Article 10. Effects of the ad publication.
1. The publication in the Edictal Board of Foreign Resolutions of notices corresponding to notifications of administrative acts in the field of foreign nationals, in the cases referred to in Article 1, shall have the effect of notification to those concerned without the need for publication in any other official board or official bulletin.
2. In such cases, after 20 calendar days following the publication of the edict on the board, it shall be understood that the notification has been carried out, the procedure being followed and the procedure being continued, or, where appropriate, the period of time to bring the action to be brought, without prejudice to the fact that the edict is still accessible on the board during the period referred to in the following Article.
Article 11. Time limit for exposure of the notices.
1. After the publication of 20 calendar days set out in Article 9, the notice shall remain accessible for one year, for the purposes of its consultation, on the Edictal Board of Foreign Resolutions.
2. After the expiry of that period, only the information contained in the notice shall be provided to the person concerned or to his representative and to the Ombudsman, the Judges and the Courts, the Prosecutor's Office, the State Agency, Tax administration and the Labour and Social Security Inspectorate or equivalent bodies of the local and regional administration.
Article 12. Citizens ' access to the Edictal Board of Foreign Resolutions.
1. Citizens ' access to the Edictal Board of Foreign Resolutions, through the electronic headquarters of the Ministry of Labor and Immigration, will not require any identification.
The location of the notices published on the board for which the publication deadline has been completed, as well as its recovery and printing, will be carried out through an advanced search system that will have the mechanisms necessary to avoid indexing and automatic retrieval of publications through search engines from the Internet.
When notifications containing administrative sanctions are published by way of edict, the information obtained as a result of their consultation in the Board may be retained and stored by the organs only. competent for the processing of the procedure, by the person concerned or the person who has authorized it and by the public authorities which are authorized by law, resulting in the other cases contrary to the provisions of the Article 7.5 of the Organic Law 15/1999 of 13 December on the Protection of Data of Character Staff.
2. The mechanisms to facilitate public and free consultation of the Edictal Board of Foreign Resolutions will be provided in all the Overseas Offices.
Article 13. Autonomous Communities ' Edictal Tablons.
When, in accordance with the provisions of the fifth additional provision of the Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011 of 20 April, an Autonomous Community establishes its own Board of Edictal for the publication of notifications of acts of their competence, the necessary collaboration arrangements shall be established to enable the citizen, through a single access, to access the edictal boards of the various competent authorities.
Additional disposition first. Protection of personal data.
1. The operation, management and publication of announcements in the Edictal Board of Foreign Resolutions will be carried out in accordance with the provisions of the Organic Law 15/1999, of 13 December, of Protection of Personal Data, in its Development Regulation, approved by Royal Decree 1720/2007 of 21 December, as well as the rest of the rules applicable to it.
2. For the purposes of the aforementioned regulations, the Directorate-General for Immigration shall have the status of the file responsible.
Each of the organs referred to in Article 2 shall have the status of responsible for the processing of the data corresponding to notices whose publication in the Edictal Board of Foreign Resolutions orders.
Additional provision second. Creating a personal data file.
The Personal Data File Tablon Edictal of Foreign Resolutions is created.
a) File finality: Management of the Edictal Board of Foreign Resolutions.
b) Expected uses: Management of the publication, through advertisements, of the notifications in the procedures regulated by the Regulation of the Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20.
c) Persons or collectives from whom the data is obtained or who are obliged to supply the data: Interested to whom it is notified by means of the announcement in the Edictal Board of Foreign Resolutions.
d) Data collection procedure: Common foreign computer application.
e) Basic structure of the file and description of the data collected: It contains the data of the data subjects to which it is notified by announcement in the Edictal Board of Resolutions of Extranjería, name and surnames, social reason of the employer, type of authorization, NIE in the case of foreigners and NIF, DNI or NIE of the employers, as well as the rest of the data of such notifications.
f) Treatment system: Automated.
(g) Missed data: As provided for in this order, the notices shall remain accessible to third parties within one year of the date; the Ombudsman's data may be accessed only after that period. The Judges and Courts, the Ministry of Taxation, the State Tax Administration Agency, the Labour and Social Security Inspectorate or equivalent bodies of the local and regional administration.
h) International transfers to third countries: Not foreseen.
i) Body responsible for the file: Directorate-General for Immigration.
j) Authority to which the rights of rectification, cancellation and opposition may be exercised: Directorate General of Immigration, Calle José Abascal, 39, 28071, Madrid.
k) Security measures: Average level (without prejudice to the public nature of the data published on the website during the 20 calendar days of the legal period).
Additional provision third. Implementation of the announcement on the Edictal Board of Foreign Resolutions.
The effective implementation of the publication in the Edictal Board of Foreign Resolutions of the notices corresponding to the notifications regulated by the Regulation of the Organic Law 4/2000, approved by the Royal Decree 557/2011, of 20 April, in the cases referred to in Article 1, issued by the competent bodies, in the exercise of their powers, shall take place on the day of entry into force of this order.
Final disposition first. Competency enablement.
This order is dictated by the provisions of Article 149.1.2ª of the Constitution.
Final disposition second. Application and development powers.
The head of the Secretariat of State for Immigration and Emigration is hereby authorized to report to the Secretariat of State for Security and the Undersecretary of the Ministry of Territorial Policy and Administration. Public, by resolution, dictate how many provisions are necessary for the development and execution of what is foreseen in this order.
Final disposition third. Entry into force.
This order shall enter into force within two months of its publication in the "Official State Gazette".
Madrid, November 15, 2011. -Minister of Labor and Immigration, Valeriano Gómez Sánchez.
