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National Day

While it would have been very appropriate to be published yesterday to coincide with European Day of Data Protection in the Official Gazette today published January 29 are the following rules:

* Royal Decree 3 / 2010, 8 January, which regulates the National Insurance Scheme in the field of eGovernment .

* Royal Decree 4 / 2010, 8 January, which regulates the National Scheme Interoperability in the field of eGovernment.

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European Data Protection

After several weeks of monitoring the BOE from early morning to see if they published the decrees to be covered by the Schemes and National Security Interoperability (essential, of course, to be able to comply to the provisions of the LAE) had hoped that, at the discretion of opportunity, to be published today as the end of the January 28 has been held for several years, the European Day of Data Protection. What a change of direction for the administrative marketing! But, no bureaucratic perspective and always ends burocratizante imposed ...

So instead of making an entry on this subject I would transcribe an article I published today in the newspaper La Opinion, which incorporates some reflections on the protection of personal data.

Internet and data protection

Today January 28 marks the European Day of Data Protection, "sponsored by the Council of Europe, the European Commission and data protection authorities of member countries of the Union Europe with the main objective to promote awareness of the rights to privacy and data protection among citizens. At the present stage of evolution of technology, ten years after the adoption of Law 15/1999, the effectiveness of this fundamental right is facing a challenge of enormous importance, primarily as a result of widespread Internet use all areas that have taken place in recent years, so it is necessary to carry out relevant adjustments in the legal approach that has traditionally been based guarantee this right.
On the one hand, legal protection has traditionally been set from the identification of the person has to give way to more complex concepts such as anonymity "Reversible", taking into account in any case the security requirements and other requirements relating to public interest. Otherwise, the essential power of consent has to adapt to an environment where there is unconscious flow of information, so that general principles such as the legitimacy and proportionality in the treatment of personal information they acquire greater relevance must be stated. Also, the role of intermediary service providers can not be compared without further treatment as mere managers, as evidenced by the current problems with file sharing and intellectual property.
Moreover, the provision of information Personal Internet-especially by public authorities and social networks-is a hitherto unknown phenomenon both qualitatively and quantitatively, so it is essential to reconfigure the relationship with other rights and fundamental freedoms such as freedom of expression case of blogs-the secrecy of communications "with the enormous possibilities of data encryption, or even public interest in the dissemination of administrative information, message boards, official newspapers ... - Given the higher potential of networks Telematics eGovernment is seen today only primarily from automated exchange of information and the use of electronic signatures, in particular electronic ID, "demands that pose a greater flow of personal information and its potential concentration in the hands of a few administrative authorities. Ultimately, the global Internet requires us to consider the implications of such a configuration presents both for determining the applicable law and the jurisdiction, including the national supervisory authorities on data protection.
In short, as a result of the aforementioned uniqueness implications posed by technology and its impact on traditional profiles of this right, it is necessary to articulate a policy framework, overcoming the aforementioned shortcomings typical of a regulatory model as outdated, can cope more effectively with the challenges of the legal position of citizens who ultimately, are the persons entitled to the protection of personal data.

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e-Government status report

As it appears on the website of the Council of Ministers last Friday studied a report on the implementation of Law 11/2007 , which emphasizes that "to be accessed to 96.4 per 100 of the proceedings of the General Administration of the State through electronic means of which more than 2000 (84.1 per 100 of the total) are administrative procedures.

It is certainly commendable efforts being made by the Central Government in this regard, although it should be noted that 100% of the procedures should already be available. Honestly, I have the impression that this percentage is not real and certainly, as often happens with public statistics, it could do further reading. As one example: the same day the Council of Ministers approved a report on the Draft Law on Civil Registry , precisely, is making effective use of electronic means in one of the technologically most backward areas. Given that this is an administrative record (of which I am convinced, despite the discussions that could bring about), would not be effective and the possibility of carrying out actions by citizens fully through the Internet?

Again, one must acknowledge the effort, but the big problem is that the state administration is increasingly less skills and the bulk of the actions of citizens take place at the regional and local authorities which, by the way, do not know nothing about reports on the state of affairs ...

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AGE we are in 2010, what the private sector?

has come the fatífica date of January 1, 2010 and is still not fully met Law 11/2007! Moreover, as far as I know, the Royal Decree which would regulate the National Scheme Interoperability is still missing in the BOE ... Just with this detail and we can realize the seriousness with which we have taken the English government obligations under that law today but my post was the other way, but certainly in the same sense of the extent to which belittles compliance with the law in this country of ours, where the culture of "rule of law" really shines by its absence too often.

Al grain. Both speak of the Administration and it seems that we forget that there are some private companies since 2007 are also required to implement telematics systems for your customers to contact them. And what a coincidence! They too are mostly breach this obligation, but, of course, what Administration dares to bell this cat?

According to art. 2 of Law 56/2007 of 28 December , companies "comprise more than one hundred employees or annual turnover, calculated as provided in the rules of the Value Added Tax, exceeds 6,010 121.04 euros "and engaged in one of the sectors we will indicate later "must provide its users a means of telematic communication that using electronic signature certificates , allowed the completion of at least the following steps":

• electronic procurement services, supplies and goods, the modification and completion or termination of those contracts and any legal act or transaction between the parties without prejudice to the sectoral regulations.

• Consultation

  your customer data, including information on their billing history, at least the last three years and the agreement, including the general conditions, if any.

• Filing complaints, incidents, suggestions and, where appropriate, claims, ensuring consistency of presentation to the consumer and ensuring a direct personal attention.

• Exercise rights of access, rectification, cancellation and opposition under the terms provided in the regulations of protection of personal data .

What companies are those that are required to allow users we turn to them by electronic means using our firm, and recognized, for example, the electronic ID card? Think bad and you will succeed! Indeed, providing electronic communications services, banking, insurance, Water Supplies, gas and electricity, passenger ...

Let every one @ the next example we find it. For example, your telephone operator or Internet access can make claims online with the electronic ID card, free, without having to send a fax happy that always gives problems without having to call a phone that many times and payment is bored with endless choices to check this or that number or, even worse if you have to send a letter or even a burofax?

And does anyone know whether the Government had complied with the provision of art. 2.3 second paragraph of that law? Nothing more, nothing less expected

Within one year after the entry into force of the obligation referred to in paragraph 1, the Government will consider the application of paragraph 2 of this article to other companies more than one hundred workers or have a annual turnover, calculated as provided in the rules of value added tax, higher than 6,010,212.04 euros in the development of its activity normal, providing services which it considers should have a telematic communication with its customers or users.

Finally, we talk a lot of government, but in the case of private companies is that there is not much interest in facilitating the exercise of the rights of consumers and users electronically. Can you imagine that we could present claims in this way? Since then, they would find out ...