Learner’s Submission: Access to Data in Spain

“The protection of personal data is a fundamental right. We live in the information society and every day try to millions of personal data. We provide our personal data when opening a bank account, when we asked to participate in a contest, when we booked a flight or a hotel and every time we make a payment by credit card. The name and surname date of birth, address or e-mail phone number, the DNI and many other data we use daily are valuable information that could help identify a person, either directly or indirectly. With this information we can develop our daily activity, we enrolled our children in school, receive care health, make phone calls or enjoy our leisure.

In our days, all the people have the right to not be subject to a decision with legal consequences for them, or which significantly affects them, and which is based processing of data intended to assess certain aspects of their personality.

I am living in Spain and I know the legislation on access to data, because is a matter of national interest and is a present subject in our work.

The Control bodies are the Spanish Agency for Data Protection (AEPD in the Spanish acronym) – the body monitoring compliance with the rules of data protection within the Spanish territory; and other data protection agencies, autonomous, in the Autonomous Communities of Madrid, Catalonia and the Basque Country.

The Spanish Agency for Data Protection is the public law authority overseeing compliance with the legal provisions on the protection of personal data, enjoying as such an absolute independence from the Public Administration. The AEPD is of the understanding that its functions must always be conducted with a priority objective, that of guaranteeing the protection of individual rights.

The regulatory Standards are the Law 15/1999 of December 13, Protection of Personal Data and the Royal Decree 1720/2007 approving the Regulation implementing the Law 15/1999 of December 13.

The Organic Law15/1999 of December 13 is intended to guarantee and protect the public liberties and fundamental rights of natural persons and in particular their personal and family privacy, with regard to the processing of personal data.

This Organic Law shall govern any processing of personal data: when the processing is carried out on Spanish territory as part of the activities of an establishment belonging to the person responsible for the processing; when the person responsible for the processing is not established on Spanish territory but is subject to Spanish law pursuant to the norms of public international law and  when the person responsible for the processing is not established on the territory of the European Union and is using for the processing means situated on Spanish territory, unless such means are used solely for transit purposes.

The Royal Decree 1720/2007 approving the Regulation implementing the Law 15/1999 of December 13 intended to have a wide scope indeed, provides in Article 1 that “[This Organic Law] is intended to guarantee and protect, with regard to the processing of personal data, the public liberties and fundamental rights of individuals, and in particular their honor and personal privacy”. It includes, therefore, automated and non-automated processing of personal data.

The Organic Act (LOPD) is the basis of the Spanish system for guaranteeing the right to protect personal data. The adequate compliance by all of the agents involved is an essential instrument for better protecting the rights of citizens.

I have not yet made ​​use of the data protection legislation, but surely I will if it will be necessary.” – Ana Ionela Cristea – Barcelona, Spain

Learner’s Submission: Infrastructure for E-Government Development – A Case from Spain

“Have you ever made use of any online public service in your country? – The answer is yes. But I will not speak about my experience as client of online public service inSpain (Income tax online services). I will speak about online public service in Spain after publication of Law 11/2007, dated 22 June, on electronic access of citizens to Public Services. Afterward I will speak about online public service in Ministry of Science and Innovation (MICINN), where I work.

a) e-Government in Spain

Online public service and Law 11/2007

Firstly I´ll speak about Law 11/2007, dated 22 June, on electronic access of citizens to Public Services. This law established a new concept in Spain, the “electronic site” or electronic access point: several web pages grouped together on a website the aim of which is to provide easy and integrated access to a set of resources for the user.

This Law rules communications with Public Administration and associated bodies by electronic media as a right for the citizens, and as a corresponding liability for Public Administration bodies. To establish this right and the corresponding liability is therefore the central point of this Law.

The use of electronic media raises the serious matter of privacy of data which is provided with regard to any particular procedure. In addition, the parties involved in a procedure, including e-procedure, have a right to access to documentation, including e-documentation. It is a problem.

The core concepts of the e-Government in Spain

Now I introduce the key elements of the framework of e-Government inSpain:

Applications – People may begin administrative procedures by electronics means.

Registers – Public Administration bodies shall create electronic registers for the receipt and forwarding of requests, applications and communications.

Notifications – In order for notifications to be sent using an electronic medium, it shall be required that the interested party has stated a preference for said media or has consented to its use.

All documents sued in administrative processes must be stored by electronic media.  The media and/or format in which the documents are stored must contain the security measures which will guarantee the authenticity, integrity, quality, confidentiality and conservation of the e-documents and/or records, stored.

b) Online public service in Ministry of Science and Innovation (MICINN)

As establishes Law 11/2007 dated 22 June, MICINN has made the electronic site available to the public, through which citizens can contact other head organizations and other branches attached to the Ministry of Science and Innovation, as well as gain access to the electronic services of the same. The MICINN´s electronic site allows users to exercise their right of access to the ministry information, services and electronic procedures, and to exercise the other rights given to citizens by this law.

The core online services provides by MICINN are:

Grants

a) Unified Register of Applicants – The objective is to unify all the information on users so as to guarantee the integrity, and confidentiality, of the information.

b) Online Justification – In the case of online justification of the grants awarded by this Ministry, there is an application available on this website that allows you to enter the expenses as well as the technical reports accrediting the grant execution.

c) There are several multi-page text documents about the grants’ subprogrammes that you want to justify, where you will find the specific details about the information that is required as means of justification.

d) There are several instructions manuals on this webpage, and in one of the sections of the manual you will find specific indications on how to register on the new online justifications forms, a compulsory requirement to justify grants.

e) Virtual Records Folder – The Virtual Records Folder is an electronic access point which provides the public with a system of effective communication, through which they can check the status of the grants requested from the MICINN

The “Contractor profile” is the area where the contractual activity of the Ministry is made available on Internet, with the aim of make certain transparency and public access to this information.

The “Contractor profile” is freely accessible by every body, individuals and organizations tenders. The publication of announcements on the “Contractor Profile” will be notified individually to each tender. Here we provide the information required to give support to the management of some administrative contracting and purchases of the different office equipment.

E-Procurement systems are applications designed to allow businesses use the Internet in order to acquire the necessary goods and services. This term itself is quite broad and actually includes several varieties of applications. Part of a successful implementation involves choosing the appropriate application.

The CIEMAT, an Organism of the Ministry of Science and Innovation, is a Public Research Agency, dedicated to research in energy, specially nuclear, and environment. This Organism has developed a modern system of e-procurement, including e-auction. I took part in e-auction in April. There was problem with the communications systems of tenders. It was a pity!” – Pedro Cañas Navarro – Madrid, Spain