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Order Ssi/196/2017, Of 2 March, That Amending The Order Of 21 July 1994, Which Regulates The Files With Personal Data Managed By The Ministry Of Health And Consumption.

Original Language Title: Orden SSI/196/2017, de 2 de marzo, por la que se modifica la Orden de 21 de julio de 1994, por la que se regulan los ficheros con datos de carácter personal gestionados por el Ministerio de Sanidad y Consumo.

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TEXT

By the Order of 21 July 1994 regulating the files with personal data managed by the Ministry of Health and Consumer Affairs, compliance with the provisions of the second, second, second provision was established. of the Organic Law 5/1992, of October 29, regulating the automated processing of personal data.

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 public administrations can only be done by means of general provision published in the "Official State Gazette" or in the official journal concerned.

Since its publication, the Order of 21 July 1994 has been the subject of numerous modifications and updates, resulting in a further change in the creation of a new file with character data. personnel called 'Victims of gender-based violence and their suspected aggressors' who will be part of Annex 3 'Ficheros with personal data on Social Policy'.

The file contains information related to two groups of cases of gender-based violence: women who are victims of gender-based violence at the hands of their partners or former partners and alleged perpetrators of deadly victims and not In terms of the Organic Law 1/2004, of 28 December, of Measures of Comprehensive Protection against Gender Violence, the death of children of victims of gender-based violence.

The treatment of this file corresponds to the Government Delegation for Gender Violence, in accordance with the functions assigned to it under article 3.1 of the Royal Decree 200/2012, of 23 January, for which the develops the basic organic structure of the Ministry of Health, Social Services and Equality and amends Royal Decree 1887/2011 of 30 December, establishing the basic organic structure of the ministerial departments.

In the processing of this order, the Spanish Data Protection Agency has issued a mandatory report.

In its virtue, I have:

Article 1. Creating the file.

The contents of Annex 3 "Ficheros with Personal Data on Social Policy" of the Order of 21 July 1994 for which files are regulated with personal data managed by the Ministry of Education is extended. Health and Consumer Affairs, with the creation of a new file called "Victims of gender-based violence and their alleged aggressors", the data of which are listed in the Annex.

Article 2. Managing and organizing the file.

The head of the Government Delegation for Gender Violence shall adopt, under the top management of the person holding the Ministry of Health, Social Services and Equality, the management and organization measures that are necessary, ensuring, in any case, the confidentiality, security and integrity of the data, as well as the conduct to make effective the guarantees, rights and obligations recognized in Organic Law 15/1999, of December 13, Protection of Personal Data and other standards of development.

Personal data recorded in the file listed in the Annex shall only be used for the purposes expressly provided for and by duly authorized personnel.

Article 3. Data cession.

The data contained in this file may only be transferred in the cases expressly provided for by law.

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, 2 March 2017. -Minister for Health, Social Services and Equality, Dolors Montserrat Montserrat.

ANNEX

Government Delegation for Gender Violence

1. Denomination: "Victims of gender-based violence and their alleged aggressors."

2. Purpose and intended uses: Availability of information related to the cases of women killed and non-fatal victims of gender-based violence at the hands of their partners or former partners and of child victims killed by women gender-based violence, in terms of the Organic Law 1/2004, of December 28, of Comprehensive Protection Measures against Gender Violence. The main use is the compilation of statistics with the corresponding dissemination of aggregated data.

3. Collective of persons seeking to obtain data of a personal nature or who are obliged to supply them: Women victims of non-fatal gender-based violence; alleged perpetrators of fatal and non-fatal victims or minors The victims are children of victims of gender-based violence.

4. Procedure for the collection of data: Through electronic form transmitted by the units of gender violence dependent on the delegations or subdelegations of government in each province or autonomous city, result of the transcription of the information for each event related to gender-based violence.

5. Basic structure of the file and description of the personal data included in the file:

a) Identifying data:

Non-fatal victims: First and last names, age, country of birth and nationality, province and location of the event.

Alleged attackers: Name and surname, age, country of birth and nationality, province and location of the event.

b) Other data types:

Collective victims of gender violence: First and last names of the victim, relationship and situation of the victim's coexistence with the alleged aggressor, institutional protection, employment situation and number of sons and daughters of the victim and the alleged aggressor, form and place of the assault, delivery of the alleged aggressor, suicide of the alleged perpetrator, or degree of intent, judicial proceedings.

Collective non-fatal victims of gender-based violence: relationship and situation of coexistence of the victim with the alleged aggressor, institutional protection, employment situation and the number of sons and daughters of the victim and the alleged victim Aggressor, form and place of the aggression, delivery of the alleged aggressor, suicide of the alleged aggressor or in degree of intent, judicial proceedings.

Collective Minor Victims of Women Victims Children of Women Victims of Gender Violence: Relationship and Situation of Coexistence of the Child's Mother with the Alleged Aggressor, the child's parentage with the alleged aggressor, guardianship the institution of the mother, the status of the alleged aggressor, the form and place of the assault, the delivery of the alleged aggressor, the suicide of the alleged perpetrator, or in the degree of intent, judicial proceedings.

6. Treatment system used: Partially automated.

7. Expected data communications: None.

8. International transfers of planned data to third countries: None.

9. Organ of the Administration responsible for the file: Government Delegation for Gender Violence.

10. Service or units to which the rights of access, rectification, cancellation and opposition may be exercised: The rights of access, rectification, cancellation and opposition to the processing of their data, may be exercised by means of communication written to the General Subdirectorate for Awareness, Prevention and Knowledge of Gender Violence through the email address dgviolenciagenero@msssi.es

11. Security level: High.