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Resolution Of September 26, 2011, Of The Institute Of Tourism Of Spain, Which Creates And Regulates The Electronic Register Of The Tourism Institute Of Spain, Turespaña.

Original Language Title: Resolución de 26 de septiembre de 2011, del Instituto de Turismo de España, por la que se crea y regula el registro electrónico del Instituto de Turismo de España, Turespaña.

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TEXT

Law 11/2007, of June 22, of Electronic Access of Citizens to Public Services, contains, in its articles 24, 25 and 26, a new regulation of electronic records, precepts that are developed by the Real Decree 1671/2009 of 6 November 2009, for which the aforementioned Law is partially developed and regulates the conditions of its operation.

Article 24.1 of Law 11/2007, of June 22, of citizens ' electronic access to Public Services establishes that public administrations will create electronic records for the reception and referral of requests, writing, and communications.

In addition, Article 25.1 of the aforementioned Law provides that the provisions for the creation of electronic registers shall specify the organ or unit responsible for its management, as well as the official date and time and the days declared as such. indeft to the timing effects.

In addition, Section 2. of Chapter III of Title II of Law 11/2007, of June 22, regulates electronic communications and the practice of electronic media reporting.

Furthermore, in order to promote and facilitate access by citizens ' electronic means to administrative procedures, the Director General of the Spanish Tourism Institute, Turespana, is enabled to include new procedures, procedures and communications to which the provisions of this Resolution will apply.

The creation of electronic records shall be made, pursuant to Article 27.1 of Royal Decree 1671/2009 of 6 November 2009, by order of the respective minister or resolution of the holder of the public body.

This Resolution creates the Electronic Register of the Spanish Tourism Institute, Turespana. Its implementation is intended to determine the procedures for its competence, in which the electronic registration service is available for the receipt and referral of the relevant documents, as well as the general conditions for the Submission of standard electronic documents.

In its virtue, I have:

CHAPTER I

General Provisions

Article 1. Object and scope of application.

1. This Resolution aims at the creation and regulation of the electronic register of the Spanish Tourism Institute, Turespana (hereinafter the Electronic Register) for the reception and referral, by electronic means, of applications, written and In the form provided for in Article 24 of Law 11/2007, of 22 June, of Electronic Access of Citizens to Public Services and Royal Decree 1671/2009 of 6 November 2009, for which the aforementioned Law.

2. The Eregister of Turespana will be unique for the units of the Institute of Tourism of Spain, Turespana.

Article 2. Electronic Record Address.

The access of the interested to the Electronic Registry will be available through the address sede.tourspain.gob.es of the Electronic Headquarters of the Institute of Tourism of Spain, Turespana.

Article 3. Responsibilities and competent bodies.

1. The management of the Electronic Registry corresponds to the General Secretariat of the Spanish Tourism Institute, Turespana.

2. The approval and modification of the relationship of requests, written and standardised communications, corresponding to specific services, procedures and formalities, as provided for in Article 24 (2) (a) of Law 11/2007, of 22 June, corresponds to the Director General of the Institute of Tourism of Spain, Turespana.

3. The approval or modification of the forms for the applications, written and standardised communications, specifying the fields of the required completion and the criteria of congruence between the data entered in the The form also corresponds to the Director General.

The resolutions of approval of these forms, regardless of the official publication that will result from them, will be disclosed through the electronic headquarters.

4. The Directorate-General shall be responsible for the security of the electronic register and shall have the appropriate organisational and technical means to ensure the provision of the Royal Decree 3/2010 of 8 January, which regulates the National Scheme of Security in the field of Electronic Administration.

5. The Tourism Institute of Spain, Turespana will not in any case respond to the fraudulent use that the users of the system can carry out of the services provided by electronic administration. For these purposes, those users assume, on an exclusive basis, the responsibility for the custody of the elements necessary for their authentication in the access to these electronic administration services, the establishment of the precise connection and the use of the electronic signature, as well as any consequences that may arise from the improper, incorrect or negligent use of the electronic signature. It will also be the responsibility of the user to ensure the proper custody and handling of the files that are returned to him by the Electronic Registry as an acknowledgement of receipt.

Article 4. Calendar and official date and time.

1. The electronic register shall allow the submission of applications, written and communications during the 24 hours of the year, without prejudice to the interruptions provided for in Article 30.2 of Royal Decree 1671/2009 of 6 May 2009. November, when justified reasons for technical or operational maintenance, which shall be reported in the register itself and in the electronic seat, are met.

2. For appropriate purposes, the electronic seat shall show, in an equally visible place:

a) Days officially declared as non-working.

b) The official date and time, which will be the date and time of the transaction in the Electronic Registry and which corresponds to that of peninsular Spain, in accordance with what, if any, establishes the National Interoperability.

Article 5. Character of the communications through the Electronic Registry.

The submission of applications, writing and communications by means of the Electronic Registry shall be voluntary, except as provided for in Article 27.6 of Law 11/2007 of 22 June 2007, as provided for in Articles 14.4 and 32.1. of Royal Decree 1671/2009, being alternatives to the presentation in the places mentioned in article 38.4 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 6. Data Protection File.

In compliance with the provisions of Article 20 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, the personal data file "File of the Electronic Registry" of the Institute of Tourism of Spain, whose ownership corresponds to the Directorate General, valid for the purpose of the exercise by the citizens of the rights provided for by said law.

The contents of the file are listed in Annex II to this Resolution.

CHAPTER II

Conditions for writing, requests, and communications

Article 7. Eligible documents.

1. The Electronic Record may support:

(a) Standard applications, written and communications, submitted by natural or legal persons corresponding to the services, procedures and formalities specified in the Annex to this Resolution.

The Electronic Register shall include the updated relationship of the services, procedures and formalities specified in the Annex to this Resolution and shall give access to the standard electronic forms.

b) Supplementary documentation for applications, writing and communications in the form that is regulated in Article 7 of this resolution.

2. These documents must necessarily be submitted by means of the interactive completion of the forms available in the electronic register. Such forms may include data and attachments.

3. Electronic records may be rejected by electronic documents which are in any of the circumstances provided for in Article 29 of Royal Decree 1671/2009 of 6 November 2009 and in the form set out therein.

4. Any request, written or communication which the person concerned submits to the Electronic Registry not related to the services, procedures and formalities included in the Annex to this resolution shall not produce any effect and shall be presented.

Article 8. Supplemental documentation.

All submission of applications, writing and communications may be incorporated as supplementary documentation:

(a) Electronic documents that meet the technical requirements of the "Technical Requirements for Information Technology" Chapter of this Resolution.

(b) Documents which are not available in electronic form and which, by their nature, are not liable to contribute using the digitised copy procedure provided for in Article 35.2 of Law 11/2007 of 22 June 2007, may be incorporated through the means provided for in Article 38.4 of Law 30/1992 of 26 November, within 10 days of the submission of the corresponding electronic form. Failure to comply with this time limit for the provision of supplementary documentation may give rise to its requirement in accordance with Article 71 of Law No 30/1992 of 26 November.

c) Whenever electronic documents are submitted separately to the main form, the person concerned must mention the individual registration number or code allowing the identification of the file in which the has to have effects.

Article 9. Accreditation of identity and technical requirements.

1. Electronic documents may be submitted to the electronic register by the persons concerned or their representatives. Where the representation is not accredited or cannot be presumed, such accreditation shall be required by the appropriate route.

2. The identification of the data subject who presents documents to the Electronic Registry and the signature of the data and documents provided shall be made by the use of the national electronic identity document or any of the certificates Recognised electronic admission by the Spanish Tourism Institute, Turespana.

Electronic venues shall report on the systems of representation and authentication and signature usable for the submission of written submissions to the Electronic Registry.

3. The electronic register shall specify the technical requirements for its use.

Article 10. Computation of deadlines.

The calculation of time limits shall be carried out in accordance with the provisions of paragraphs 3, 4 and 5 of Article 26 of Law 11/2007, of 22 June of Electronic Access of Citizens to Public Services.

Article 11. Acknowledgement of receipt.

Upon receipt of a request, written or communication, the Electronic Registry shall automatically issue a signed receipt electronically, which may be printed, in which the data provided by the data subject shall be recorded, the date and time at which such presentation occurred, the entry registration number and other content in accordance with Article 30.3 of Royal Decree 1671/2009 of 6 November 2009.

The acknowledgement of receipt shall indicate that the acknowledgement does not prejudge the final admission of the document if any of the reasons for rejection contained therein are present.

CHAPTER III

Technical requirements for Information Technologies

Article 12. General conditions.

The technical requirements set forth in this Chapter are considered to be related to the processing of information and communications in respect of the Electronic Registry.

A summary of the particular rules and protocols that are derived from the provisions here will be published, at all times, in the electronic headquarters of the Institute of Tourism of Spain.

Article 13. Electronic Signature.

Electronic signature systems that are in conformity with the provisions of Article 10 of Royal Decree 1671/2009 of 6 November 2009, for which Law 11/2007 is partially developed, will be accepted. public services.

Article 14. Interoperability and Security.

The Electronic Register will have the appropriate organizational and technical means to ensure interoperability and safety in accordance with the provisions of Royal Decree 3/2010 of 8 January, which regulates the scheme National Security and Royal Decree 4/2010, of 8 January, for which the National Interoperability Scheme is regulated.

Article 15. Accessibility.

The design of the Electronic Registry will observe the accessibility requirements provided for in Royal Decree 1494/2007 of 12 November, which approves the Regulation on the basic conditions for the access of persons with disabilities to technologies, products and services related to the information society and social media. In this sense, the web pages related to the Electronic Registry must conform to the priority 1 of Standard UNE 139803:2004 from the entry into force of the royal decree.

Article 16. Technical conditions of electronic documents admitted by the Electronic Registry.

The formats of electronic documents and electronic images of documents will be those established in the framework of the National Interoperability Scheme. According to the available computer tools and communication channels, the maximum extension of the complementary files to be submitted in one session may be limited.

Single additional disposition. No increase in public spending.

The creation of electronic registration will not increase public expenditure and will be handled by the body's ordinary credits.

Final disposition first. Adaptation of certain contents and characteristics of the Electronic Registry.

The head of the Directorate-General of the Spanish Tourism Institute is enabled to include, modify or discharge, within the electronic register, new services, procedures and formalities, to which it will be applicable the provisions of this resolution, as well as new standard models and the name of the responsible units, where they arise from organisational rearrangements.

In any case, the modifications referred to in the previous paragraph will be published in the electronic headquarters of the Institute of Tourism of Spain, Turespana.

Final disposition second. Entry into force.

This Resolution will enter into force on the day following its publication in the "Official State Gazette".

Madrid, September 26, 2011.-The Secretary General of Tourism and Internal Trade and President of the Spanish Tourism Institute, Joan Mesquida Ferrando.

ANNEX I

Relationship of services, procedures and procedures included in the electronic register of the Institute of Tourism of Spain, Turespana

1. Complaints and suggestions: Telematics procedure to bring to the attention of the Agency dysfunctions and improvements in relation to the operation of the electronic headquarters of the Institute of Tourism of Spain, Turespana. Complaints shall in no case have the status of an administrative appeal or its interposition to bring the time-limits laid down in the current rules into account.

ANNEX II

Personal Data File

File name: Electronic Register of the Spanish Tourism Institute, Turespana.

Purpose of the file: Log records of the electronic seats made in this Electronic Register to, if necessary, consult the registration information of a seat.

intended uses: Reception and referral to the competent body or body of such writings, applications and communications, as well as the accompanying documentation thereof, as well as statistical purposes and to respond to them queries of the users themselves, about the registration.

Persons or collectives on which personal data is intended to be obtained, or which are required to supply them: The registration seat contains the name and identity card, NIF or passport of the person concerned.

Personal Data Collection Procedure: Per file of the data entered at the time of the seat.

Basic file structure and description of the types of personal data, included in the file: The following personal data is collected, associated with the registration information:

-Identification character data: DNI, NIF or passport, first and last name.

-Data relating to the application, written or communication presented: Subject, Expose and Requester Fields.

-Date, time, and registration number.

-Administrative body responsible for the File: General Secretariat.

-Administrative body to which the rights of access, rectification, cancellation and opposition may be exercised: General Secretariat.

-Security measures, with indication of the basic, medium or high level, required: High.