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The Government, with exceptional and temporary, may agree to the assumption by the General Administration of the State of the direct management or intervention of networks and electronic communications services in certain exceptional cases. These scenarios are: they can affect the public order, public security and national security. So says the text of the Royal Decree-law 14/2019 of October 31, which enters into force this Wednesday, by which adopt urgent measures for reasons of public safety in the area of digital administration, recruitment, public sector and telecommunications.”The recent and serious developments in part of the Spanish territory (in an implicit reference to Catalonia) have highlighted the need to amend the current legislative framework to cope with the situation”, argues the Government in the general provisions. This Royal Decree-law modifies several laws, among them the General of Telecommunications, 2014. In that law already spoke of the possibility that the Executive, also with exceptional and temporary, could agree to the assumption on the part of the Administration of the direct management of certain services or the exploitation of certain electronic communications networks to guarantee public security and national defense. Now added a new wording of the paragraph and there is talk of direct management or intervention on the supuestos that may affect the public order, public safety and national security. This decision may be taken by own initiative of the Government or upon the request of a competent public administration; in the latter case it will be necessary that this administration, for example, has competencies in the area of security.In terms of the process sanctioning, the Royal Decree-law gives a new wording to one of its paragraphs: “prior to the start of the sanctioning procedure, may be ordered by the competent body of the Ministry of Economy and Business, through resolution, without a prior hearing, the cessation of the alleged infringing activity for reasons of imperative urgency based on any of the following circumstances”.Introduced, among them, the immediate and serious threat to public order, public or national security or where there is an immediate and serious threat to public health.The new decree includes a section new article of the act of 2014, which refers to the requirements for the exploitation of networks and provision of electronic communications services.Thus, Public Administrations should communicate to the Ministry of Economics and Business all project installation or operation of electronic communications networks in a regime of provision that make use of the public domain, whether such installation or operation is to be performed in a direct way, through any entity or in a company dependent on it.All of this is covered in the chapter of measures to strengthen the security in the area of telecommunications, while in the chapter of the measures in the field of electronic identification and location of certain databases, the new Royal Decree-law says that must be placed and paid within the territory of the EU.”The information and communication systems for the collection, storage, processing and management of the electoral census, the municipal censuses of inhabitants and the other population registers, tax data related to taxes own or transferred and data of the users of the national health system, as well as the corresponding treatments of personal data, shall be located and provided within the territory of the EU”.The data referred to in the preceding paragraph shall not be subject to transfer to a third country or international organisation, with the exception of those which have been the subject of an adequacy decision of the European Commission, or when required to do so by the fulfilment of the international obligations assumed by Spain.Public entities have a maximum term of six months from this Wednesday to comply with this obligation.
20MINUTOS.IS – Technology
November 6, 2019
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