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more regulatory developments in the LAE

The BOE today published a new standard developed by the provisions of Law 11/2007 in the field of State Administration, primarily as a result of the new regime of administrative intervention required by European legislation on free access to services: it is the Royal Decree 136/2010 of 12 February, amending the Royal Decree 772/1999 of May 7, which regulates the presentation of applications, documents and communications to the Central Government, the issue of copies of original documents and return and the system of registration offices . Actually it is a general rule in relation to actions carried out by the citizens, regardless of whether or not to use electronic means, but certainly has provisions that affect the electronic perspective as well:

• reference to single window electronic necessarily be as required by Directive 123/2996
• the requirement that the standard model that integrated into systems that allow electronic transmission of data and information required, an essential requirement if you intend to fully exploit the advantages that technology offers
• non-enforceability of certain documents to the person concerned, so that will be required obtaining directly from the entity who is the information, that certainly is an extension of the right enshrined in Art. 6.2.b) LAE and, above all, the provision of art. LAE 35.2

Finally, the new regulations on free access to service activities is assuming a new approach to police management activity (in the traditional physical sense), which ultimately must rest largely on the intensive use of electronic media. Return to this interesting take on another occasion.

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Finally one can conclude with the DNI-e a popular legislative initiative (ILP) Schemes

leave so long! At last I can now make public my appreciation for a story that can certainly contribute greatly to improving the mechanisms of direct democracy in Spain: Universidad de Murcia , through its Area of \u200b\u200bInformation Technologies and Communication ( ATTICA) with whom I had again the pleasure of working, has developed an application to facilitate the gathering of support for popular legislative initiatives through electronic ID that has the endorsement of the Central Electoral Board , as the resolution adopted on 28 January. In particular, the promoters of the initiative have been active members of the Promotion Committee of the ILP "Defend the transfer. We need a river signatures"

Although this is a possibility that already provided since 2006 Law regulating popular legislative initiatives, the fact is that Article 7.4 is merely stated that the signatures could be collected "as well as electronic signature in accordance with the stipulations of relevant legislation." In short little thing ...

still remember when, by such dates as far 2006, commented to my admired Mario Lopez de Avila and other popular "virtual" the possibilities offered by this reform, despite the legal constraints of the ILPs were conceived by the relevance of the matters excluded . However, I think the simple fact that the parliamentary groups are forced to speak to the concerns and concerns of citizens and is an achievement that should be highlighted in a political system characterized by the dominance of party politics that too often , is outside the reality and priorities of citizens.

But the great difficulty in presenting an ILP until now has determined that, despite an legislation since 1984, have been very limited where we have made use of this tool , because it was certainly difficult at first to get 500,000 signatures by using means "face" and, second, manage the entire process validation of the signatures collected. Therefore, the possibility that citizens can use an electronic ID to exercise this essential right must be considered a milestone of great importance, since these procedures are greatly simplified and, consequently, will facilitate the presentation of these initiatives.

Now the main difficulty for this type of initiative may be a lack of knowledge by citizens about the functioning of electronic ID certificates (I've tried it with my students and some day tell the details!), and in particular the shortage of users who have a card reader despite Red.es efforts to promote the use of electronic ID .

However, if we wanted to promote its use, here is a great opportunity, what would happen should there be an ILP regarding intellectual property and downloading files on the Internet? I am convinced that in this case the collection of 500,000 signatures would be a matter of days. Undoubtedly opens a new window, pun intended, which can fresh air into a necessary, albeit telematically: This is a clear example of how technology is not always a concern for the rights of citizens but, on the contrary, to rediscover and strengthen mechanisms almost forgotten.

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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.