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Order Ecd/1670/2016, Of 11 October, Which Creates Files Of Personal Data Managed By The Autonomous Agency National Agency For Quality Assessment And Accreditation, And Modifies The Order Ecd/2063/2002, Agos 7...

Original Language Title: Orden ECD/1670/2016, de 11 de octubre, por la que se crean ficheros de datos de carácter personal gestionados por el Organismo Autónomo Agencia Nacional de Evaluación de la Calidad y Acreditación, y se modifica la Orden ECD/2063/2002, de 7 de agos...

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TEXT

Order ECD/_/2016, of 11 October, creating files of personal data managed by the Autonomous Agency of the National Agency for the Evaluation of Quality and Accreditation, and amending Order ECD/2063/2002, 7 August, which regulates automated files with personal data from the Ministry of Education, Culture and Sport and their autonomous bodies.

Article 20.1 of the Organic Law 15/1999 of 13 December on the protection of personal data establishes that the creation, modification or deletion of the files of the Public Administrations may be made only by means of general provision published in the "Official Gazette" or in the official journal concerned. In the same sense, Article 52.1 of the Implementing Regulation of the Organic Law 15/1999, of December 13, of protection of personal data, approved by Royal Decree 1720/2007, of December 21, is pronounced.

It is necessary to adapt the files with which the Autonomous Agency of the National Agency for the Evaluation of Quality and Accreditation, attached to the General Secretariat of the Universities of the Ministry of Education, Culture and Sport, works, the requirements and mandates of the abovementioned provisions.

In order to comply with the mandate of these precepts, prior to the mandatory report of the Spanish Data Protection Agency and the Permanent Commission of the Ministry of Electronic Administration of the Ministry of Education, Culture and Sport, I have:

Article 1. Creating personal data files.

Personal data files called "External Information Bulletin", "Candidates" and "Activity Management", "Professionals and collaborators", "Human Resources" and "Surveillance and visits" are created with the characteristics as listed in Annex I to this order, in the terms and conditions set out in Organic Law 15/1999 of 13 December, and its implementing Regulation approved by Royal Decree 1720/2007 of 21 December 2004, the General Secretariat of Universities and managed by the autonomous agency National Agency Quality and Accreditation Assessment (ANECA).

Article 2. Amendment of Order ECD/2063/2002, of 1 August, regulating the automated files with personal data of the Ministry of Education, Culture and Sport and their Autonomous Bodies.

The General Secretariat of the Universities of the Ministry of Education, Culture and Sport as the responsible body, and the National Agency for the Evaluation of Quality and Accreditation (ANECA) are appointed as a unit to which they can be exercise the rights of access, rectification, cancellation and opposition of the file already registered with the Spanish Data Protection Agency, known as the "Evaluation of Researchers", with the characteristics listed in Annex II of the present order.

Single end disposition. Entry into force.

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

Madrid, 11 October 2016.-The Minister of Education, Culture and Sport, Iñigo Méndez de Vigo and

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ANNEX I

New Create Files

1. File: External information bulletin.

a) Identification of the file or treatment, indicating its name, as well as the description of its intended purpose and uses:

a.1) File Identification: External Informational Newsletter.

a.2) Purpose and intended uses: Sending information bulletins to external personnel to the ANECA Autonomous Body through electronic communications.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data and its provenance:

b.1) Collective: Users, contact persons, applicants, beneficiaries, public charges.

b.2) Provenance and collection procedure: Information is collected through the person concerned or his legal representative, or from sources accessible to the public.

c) Basic file structure and the treatment system used in your organization:

c.1) Data description: Name, address, email, job details,

c.2) Treatment system: Mixed.

d) Communications of planned data, and where appropriate, international transfers to third countries: no data communications are planned or international transfers of the data are planned.

e) Body responsible for the file: General Secretariat of Universities, Ministry of Education, Culture and Sport.

f) Service or Unit to which the rights of access, rectification, cancellation and opposition may be exercised: National Agency for the Evaluation of Quality and Accreditation, attached to the Ministry of Education, Culture and Sport. Calle Orense, 11, 7. th floor, 28020 Madrid.

g) Basic, medium, or high level of security that is required: Basic.

2. File: Candidates.

a) Identification of the file or treatment, indicating its name, as well as the description of its intended purpose and uses:

a.1) File Identification: Candidates.

a.2) Purpose and intended uses: Management of selection processes. Profile analysis.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data and its provenance:

b.1) Collective: Candidates.

b.2) Provenance and collection procedure: The information was collected through the data subject or his legal representative.

c) Basic file structure and the treatment system used in your organization:

c.1) Description of the data: Name and surname, NIF/DNI, Social Security Number/Mutuality, telephone, address, personal characteristics, social circumstances, academic and professional data, employment details, assessment of the candidate.

c.2) Treatment system: Mixed.

d) Communications of planned data, and where appropriate, international transfers to third countries: no data communications are planned or international transfers of the data are planned.

e) Body responsible for the file: General Secretariat of Universities, Ministry of Education, Culture and Sport.

f) Service or Unit to which the rights of access, rectification, cancellation and opposition may be exercised: National Agency for the Evaluation of Quality and Accreditation, attached to the Ministry of Education, Culture and Sport. Calle Orense, 11, 7. th floor, 28020 Madrid.

g) Basic, medium, or high level of security that is required: Basic.

3. File: Activity management.

a) Identification of the file or treatment, indicating its name, as well as the description of its intended purpose and uses:

a.1) File Identification: Activity Management.

a.2) Purpose and intended uses: Management, control and development of the activities carried out by ANECA, management of acts and initiatives related to ANECA, management of complaints, resources, suggestions of better and consultations and quality management of the service provided; client, accounting, tax and administrative management.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data and its provenance:

b.1) Collective: Customers and users, applicants and beneficiaries.

b.2) Provenance and collection procedure: The information was collected through the data subject or his legal representative.

c) Basic file structure and the treatment system used in your organization:

c.1) Description of data: Name and surname, NIF/DNI, telephone, address, image/voice, academic and professional personal characteristics, employment details, commercial, economic and financial and insurance information, assessment of the candidate and personality data included in the curriculum.

c.2) Treatment system: Mixed.

(d) Communications of planned data, and where appropriate, international transfers provided to third countries: Data shall be communicated to the Tax Administration, Judges and Courts, the Court of Auditors, the General Intervention of the State Bodies of the European Union, Banks, Savings Banks and Rural Banks.

Legal protection of the assignment: Article 11 (2) (a), (c) and (d) of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

e) Body responsible for the file: General Secretariat of Universities, Ministry of Education, Culture and Sport.

f) Service or Unit to which the rights of access, rectification, cancellation and opposition may be exercised: National Agency for the Evaluation of Quality and Accreditation, attached to the Ministry of Education, Culture and Sport. Calle Orense 11, 7. th floor, 28020 Madrid.

g) Basic, medium, or high level of security that is required: Basic.

4. File: professionals and collaborators

a) Identification of the file or treatment, indicating its name, as well as the description of its intended purpose and uses:

a.1) File identification: Professionals and collaborators.

a.2) Purpose and intended uses: Management of the relationship with professionals and collaborators who provide their services to ANECA.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data and its provenance:

b.1) Collective: Providers.

b.2) Provenance and collection procedure: The information was collected through the data subject or his legal representative.

c) Basic file structure and the treatment system used in your organization:

c.1) Description of data: Data of an identifying nature: Name and surname, NIF/DNI, telephone, address; other data: commercial, economic and financial and insurance information, transactions in goods and services.

c.2) Treatment system: Mixed.

(d) Communications of planned data, and where appropriate, international transfers provided to third countries: Data shall be communicated to the Tax Administration, the Court of Auditors, the General Intervention of the State, Banks, Savings and Rural Boxes.

Legal protection of the assignment: Article 11 (2) (a), (c) and (d) of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

e) Body responsible for the file: General Secretariat of Universities, Ministry of Education, Culture and Sport.

f) Service or Unit to which the rights of access, rectification, cancellation and opposition may be exercised: National Agency for the Evaluation of Quality and Accreditation, attached to the Ministry of Education, Culture and Sport. Calle Orense, 11, 7. th floor, 28020 -Madrid.

g) Basic, medium, or high level of security that is required: Basic.

5. File: Human resources.

a) Identification of the file or treatment, indicating its name, as well as the description of its intended purpose and uses:

a.1) File Identification: Human Resources.

a.2) Purpose and intended uses: Management and control of the workers ' relationship (payroll, social insurance, schedule control, internal promotion assessment, training, etc.).

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data and its provenance:

b.1) Collective: Employees.

b.2) Provenance and collection procedure: The information was collected through the data subject or his legal representative.

c) Basic file structure and the treatment system used in your organization:

c.1) Data description: Identification data: Name and surname, NIF/DNI, telephone, address, social security number/mutuality, health card, signature, footprint, other biometric image data/voz; others data: union membership, degree of disability, sick leave, accidents, personal characteristics, social circumstances, disabilities, academic and professional data, employment details, commercial, economic, financial information insurance, assessment and promotion of the employee.

c.2) Treatment system: Mixed.

(d) Communications of planned data, and where appropriate, international transfers provided to third countries: Data to be communicated to the Tax Administration, Social Security Agencies, Insurance Entities, Mutuals for the contingency of accidents at work and occupational diseases, the Central Register of Personnel of Public Administrations, the National Institute of Public Administrations (INAP), the Court of Auditors, the General Intervention of the State, Judges and Courts, Banks, Savings Banks and Rural Banks.

Legal protection of the assignment: Article 11 (2) (a), (c) and (d) of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

e) Body responsible for the file: General Secretariat of Universities, Ministry of Education, Culture and Sport.

f) Service or Unit to which the rights of access, rectification, cancellation and opposition may be exercised: National Agency for the Evaluation of Quality and Accreditation, attached to the Ministry of Education, Culture and Sport. Calle Orense, 11, 7. th floor, 28020 Madrid.

g) A basic, medium, or high level of security that is required: High.

6. File: Videosurveillance and visits.

a) Identification of the file or treatment, indicating its name, as well as the description of its intended purpose and uses:

a.1) File identification: Surveillance and visits.

a.2) Purpose and intended uses: Videosurveillance and access control to facilities.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data and its provenance:

b.1) Collective: employees, customers and users, suppliers.

b.2) Provenance and collection procedure: The information was collected through the data subject or his legal representative.

c) Basic file structure and the treatment system used in your organization:

c.1) Description of the data: Name and surname, NIF/DNI, image/voice.

c.2) Treatment system: Mixed.

d) Communications of planned data, and where appropriate, international transfers to third countries: no data communications are planned or international transfers of the data are planned.

e) Body responsible for the file: General Secretariat of Universities, Ministry of Education, Culture and Sport.

f) Service or Unit to which the rights of access, rectification, cancellation and opposition may be exercised: National Agency for the Evaluation of Quality and Accreditation, attached to the Ministry of Education, Culture and Sport. Calle Orense, 11, 7. th floor, 28020 -Madrid.

g) Basic, medium, or high level of security that is required: Basic.

ANNEX II

Modifying already enrolled files

1. File: Evaluation of researchers.

a) Identification of the file or treatment, indicating its name, as well as the description of its intended purpose and uses:

a.1) File Identification: Assessment of Researchers.

a.2) Purpose and intended uses: Evaluation of the research work of university professors and scientific staff of the Higher Council of Scientific Research; Management of the process of evaluation of the research work of these collectives.

(b) Origin of data, indicating the collective of persons on whom it is intended to obtain data of a personal nature or which are required to supply it, the procedure for collecting the data and its provenance:

b.1) Collective: University professors and scientific staff of the Higher Council of Scientific Research who request to be evaluated.

b.2) Provenance and collection procedure: Information is collected through the person concerned or his/her legal representative,

c) Basic file structure and the treatment system used in your organization:

c.1) Description of the data: Identification: Name and surname, NIF/DNI, telephone, address, signature, telephone; other personal, academic and professional characteristics, details of employment and career administrative and own management.

c.2) Treatment system: Automated.

(d) Information communications provided for, and where appropriate, international transfers to third countries: data relating to the results of the evaluation of each teacher or researcher are sent to their respective centre; the corresponding economic effects. No transfer of data to any other body is foreseen.

Legal protection of the assignment: Article 11.2.c) of the Organic Law 15/1999, of 13 December, of Protection of personal data.

e) Body responsible for the file: General Secretariat of Universities, Ministry of Education, Culture and Sport.

f) Service or Unit to which the rights of access, rectification, cancellation and opposition may be exercised: National Agency for the Evaluation of Quality and Accreditation, attached to the Ministry of Education, Culture and Sport. Calle Orense, 11, 7. th floor, 28020 Madrid.

g) Basic, medium, or high level of security that is required: Basic.