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Sidenpol and parts of Intervention
Derecho acceso fichero "SIDENPOL"
Article 18.4 of the Spanish Constitution recognizes the fundamental right to protection of personal data.
The Deputy Directorate, through the unit of Strategic Planning and coordination, it “ police complaints system SIDENPOL ” (hereinafter referred to as “ SIDENPOL ”), which has developed a procedure to articulate the exercise of rights which the law accords to citizens.
These activities are carried out well treatment for the fulfilment of legal obligations, either for the performance of missions in the public interest or having sought the consent of the holder of the data through a clear affirmative action.
Personal data included in the above treatments are used as confidential, solely and exclusively, in accordance with the stated purposes and issued in the register of treatment activities of the ministry of Interior.
And only under statutory duty, as recognized in the register of treatment activities, personal information collected may be transferred to third parties.
Information on protection of rights of the Ministry of interior
Requirements
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Formal requirements as to exercise the right of access to the file "SIDENPOL"
- Being a peculiar right is exercised at the request addressed to the person responsible for treatment by a means to ensure their identification and confirming the shipment.
- To articulate this procedure, the person concerned should also provide an authentic copy of the national identity card, passport or Tarjeta de Extranjero in force to establish his identity. Foreigners without Tarjeta de Extranjero, should provide an authentic copy of your passport in force.
How
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Presencial
- To exercise in person citizens' rights on data protection, it will require the interested please fill in the form set effect and to deliver the goods at any police station, in any National registry of the General state administration or in post offices, in accordance with article 16 of law 39/2015, of 1 october, of Common Administrative Procedure of the public authorities.
- It will not be possible to request made on the margins of these channels (e.g., through the referral of an e-mail).
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Performance through representative
The citizen concerned may exercise your rights has recognized through representative, according to the following provisions:
- Legal representative, if the person concerned is in disability or age that renders the personal exercise of these rights, in which case it will be necessary to the accreditation of such status.
- Voluntary representative expressly designated for the exercise of the law. In this case, shall be clearly recognized identity and representation conferred by him.
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Resolution of the request for access to the file "SIDENPOL":
The request for access to the file "SIDENPOL ” resolved within a month beginning on the receipt of the request.
The resolution of proceedings will confirm to the person concerned if your data have been treated, including the reference to the police reports that would have been included. The fate and effects of these statements is determined by the Criminal procedure act.
However, on the basis of article 24.1 of the organic law 7/2021, of 26 may, the resolution does not collect information whenever necessary and proportionate to the achievement of the various purposes:
- Prevent impede inquiries, investigations or judicial proceedings.
- Prevent the causing of injury to the prevention, detection, investigation and prosecution of criminal offences or the execution of criminal penalties.
- To protect public safety.
- To protect national security.
- To protect the rights and freedoms of others.
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Cure of formal deficiencies
In cases that detects formal deficiency in the application or the absence of any requirements necessary from the national police shall be communicated to the person concerned, through a period of ten working days to be eradicated. To that end, is available in a form.
Until the cure of the formal deficiency, the term reported resolution and notification to the person concerned, will be suspended in accordance with article 22.1 to), of law 39/2015, of 1 october, of Common Administrative Procedure of the Public administrations. If you do not proceed to the cure in the indicated deadline, it will be withdrawn in your application.
Documentation
- Certified true copies of the national identity card, passport or Tarjeta de Extranjero. Foreigners without Tarjeta de Extranjero, should provide an authentic copy of your passport in force.
- Modelo de solicitud de acceso a datos personales incluidos en el fichero “SIDENPOL”.
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At the request to exercise the right should be disclosed:
- Name and surname of the person concerned.
- Identification of the electronic medium, or, alternatively, physical location to the practice of notifications.
- Facts, reasons and request that is established, clearly, the request, with the input, where appropriate, of the documents supporting the request made.
- Date and Lugar which addresses the request.
- Signature of the applicant or accreditation of the authenticity of the willingness expressed by any means.
- Órgano, centre or administrative unit which is intended in this case, direction Attached unit Operational Strategic Planning and coordination, located in the street Rafael Calvo, 33, 28010 Madrid.
If the request does not meet the requirements specified above, to be sent to the person concerned to proceed with the necessary cure for the continuation of the proceedings.
Information
- Organic Law 7/2021, of 26 may, for the protection of personal data treated for prevention, detection, investigation and prosecution of criminal offences and on the execution of criminal sanctions. Opens new window. External links.
- DIRECTIVE (EU) 2016/680 OF THE EUROPEAN PARLIAMENT AND THE COUNCIL of 27 april 2016 on the protection of individuals with regard to the treatment of personal data by the competent authorities for the purpose of prevention, detection, investigation or prosecution of criminal offences or the execution of criminal sanctions, and the free movement of such data and repealing Framework Decision 2008/977/Jha. Opens new window. External links.