ELECTRONIC HEADQUARTERS
Sidenpol and Intervention Parts
Right rectification file "PARTS OF INTERVENTION"
Article 18.4 of the Spanish Constitution recognizes the fundamental right to the protection of personal data.
The Operational Deputy Directorate, through the Strategic Planning and Coordination Unit, is responsible for the treatment “Intervention parts: documented and computerized police actions” (hereinafter, “INTERVENTION PARTS”), so it has developed a procedure to articulate the exercise of the rights that the legislation recognizes to citizens.
These processing activities are carried out either for the fulfillment of legal obligations, or for the fulfillment of missions in the public interest, or after having obtained the consent of the owner of the data through a clear affirmative action.
The personal data incorporated into these treatments will be used confidentially, solely and exclusively, in accordance with the purposes stated and published in the Register of Treatment Activities of the Ministry of the Interior.
Only and under regulatory obligations, as stated in the Register of Processing Activities, the personal data collected may be transferred to third parties.
Information on the protection of rights of the Ministry of the Interior
Requirements
Formal requirements to exercise the right of rectification to the file "PARTS OF INTERVENTION"
- The data subject shall have the right granted by the European legislator to obtain from the controller the rectification of personal data concerning him or her only if the personal data concerning him or her are inaccurate or incomplete.
- In the case of a very personal right, it will be exercised at the request addressed to the person responsible for the treatment by a means that guarantees its identification and that accredits the shipment.
- In order to carry out this procedure, the person concerned must also provide a genuine copy of the National Identity Card, Passport or Foreigner Card in force in order to prove his identity. Foreigners who do not have a Foreigner Card must provide an authentic copy of their valid passport.
- The interested party must indicate in his request which data he wishes to rectify, accompanied by the supporting documentation of the incomplete or inaccurate nature of the data being processed.
How to carry out the procedure
Presential
- In order to exercise the citizen’s rights in the field of data protection in person, it will be necessary for the interested party to fill out the form established for this purpose and deliver it to any National Police Station, to any Registry Office of the General Administration of the State or to the post offices, in accordance with the provisions of article 16, of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
- Using the form enabled, you must fill it in and tick the corresponding box in paragraph 5.
- Requests made outside these channels (p.ej., by sending an email) will not be accepted.
- Acting through a representative
The citizen concerned may exercise the rights recognized by his representative, according to the following provisions:
- Legal representative, when the affected person is in a situation of incapacity or minority age that makes it impossible for him to exercise these rights personally, in which case the accreditation of such condition will be necessary.
- Voluntary representative, expressly designated for the exercise of the right. In this case, the identity of the representative and the representation conferred by him must be clearly established.
- Resolution of the request for rectification to the file "PARTS OF INTERVENTION":
The request for rectification to the file “INTERVENTION PARTIES” will be resolved within a month, counting from the receipt of the request.
The resolution of the procedure will confirm to the person concerned whether their data has been processed, including the reference to the police reports in which they were included. The fate and effects of the attests are determined by the Criminal Procedure Act.
However, based on article 24.1 of Organic Law 7/2021, of May 26, the resolution will not collect information whenever necessary and proportional to the achievement of the different purposes:
- Prevent the obstruction of inquiries, investigations or judicial proceedings.
- Avoid causing prejudice to the prevention, detection, investigation and prosecution of criminal offences or the execution of criminal sanctions.
- Protect public safety.
- Protecting National Security.
- Protect the rights and freedoms of others.
- Correction of formal defects
In those cases in which there is a formal defect in the request or the absence of any necessary requirement, the National Police will communicate this circumstance to the person concerned, granting a period of ten working days for its correction. For this purpose, a form for this purpose is available.
Until the notified formal defect is corrected, the period of resolution and notification to the interested party will be suspended according to the provisions of article 22.1 a), of Law 39/2015, of 1 October, of the Common Administrative Procedure of Public Administrations. If you do not proceed with the correction within the indicated period, you will be deemed to have abandoned your request.
Documentation
- Authentic copy of the National Identity Card, Passport or Foreigner Card in force. Foreigners who do not have a Foreigner Card must provide an authentic copy of their valid passport.
- Documentation justifying the incomplete or inaccurate nature of the data being processed.
- Model of request for rectification of personal data included in the file “PARTS OF INTERVENTION”.
The request to exercise the right must state:
- Name and surname of the person concerned.
- Identification of the electronic medium, or otherwise, the physical place in which you want the notifications to be made.
- Facts, reasons and request in which the request is clearly established, with the contribution, where appropriate, of the documents accrediting the request it makes.
- Place and date on which the request is made.
- Signature of the applicant or accreditation of the authenticity of his will expressed by any means.
- Organ, centre or administrative unit to which is addressed, in this case, Operational Deputy Directorate - Strategic Planning and Coordination Unit, located at Calle Rafael Calvo, number 33, Madrid 28010.
If the request does not meet the specified requirements, the person concerned shall be requested to proceed with the necessary correction for the continuation of the procedure.
Information
- Organic Law 7/2021, of 26 May, on the protection of personal data processed for the purposes of prevention, detection, investigation and prosecution of criminal offences and execution of criminal sanctions. Open a new window. External link.
- DIRECTIVE (EU) 2016/680 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by the competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data and repealing Council Framework Decision 2008/977/JHA. Open a new window. External link.