The General Secretariat for Digital Administration has sent a series of considerations that must be taken into account to successfully process the application for authorization to the data verification and consultation services managed by the Data Intermediation Platform (PID) .
These are indications that we have been remembering in recent years in training and blog posts and that the PID has published on its page on the Services and Information of the PID .
We summarize them so that they can guide you in giving light to your regulations and forms.
1. The citizen must be informed of the data to be consulted (principle of transparency). This can be done in two ways: by listing the application form with the data to be consulted or by referring to the section of the rule that regulates the need for the consultation. A specific form is recommended for that procedure; generic data query forms are not usually accepted.
2. In general, consultations shall be covered by Article 6.1c of Regulation (EU) 2016/679 i they will not require express consent . This means that, in general, you do not have to use the “I authorize…” formula and reserve it basically for the case of requiring tax data.
3.As we said in the previous point, the express consent is not required in general but it is necessary to give the possibility to the citizen to oppose data consultation .
Therefore, in the same form we can find two types of consent: the express for tax data and the non-opposition to the consultation of the data of the rest.
4. And if this opposition is given, must be motivated .
The PID indicates that if the citizen is not required to motivate his opposition, there will be no reason to stop the application as there is no reduction in rights. The fact of justifying the opposition is advised in order to avoid that the Administrations find you indiscriminate oppositions to the consultation of data (the so-called “ad notum” opposition, at will) and that they have as their purpose the data concealment or falsification.
5. It is necessary that the application form or the bases of the call clearly inform the citizen of where he will be able to exercise his rights if he wants to oppose motivated. You have an example in the Application for authorization by type of procedure in the services of Via Oberta.
6. In the event that the citizen expresses a motivated opposition, he / she must provide the documents on which he has expressed his opposition. If you do not, the request cannot be estimated.
With regard to this point, another recommendation is made: that the design of administrative procedures and electronic forms contemplate the possibility that in the same electronic form the citizen can exercise this right of opposition and provide all the required supporting documentation at the same time. of submission of the application. According to the PID, doing so avoids delays and inefficiencies in the comprehensive management of the procedure.
If this possibility is not included or if the right of opposition is exercised outside the form (for example, at the Headquarters) it may involve delays in administrative management if the citizen's right of opposition must be resolved first and foremost. that, therefore, the good development of the procedure is conditioned.
7. In the case of data verification, that is, when the citizen provides the information and the system returns a yes / no, a specific form of that procedure will not be necessary to exercise the right of opposition. It will be enough with what is already enabled to exercise this right on the data that the citizen contributes (exercise of rights ARCO-POL).