The General Secretariat of Digital Administration has sent a series of considerations that must be taken into account to successfully process the authorization request for the data verification and consultation services managed by the Data Intermediation Platform (PID) .
These are indications that we have been recalling in recent years in trainings and blog posts and that the PID has published on its page on the Services and Information of the PID .
We summarize them for you to serve as a guide when shedding light on 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: with a list on 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 inquiry forms are not usually accepted.
2. In general, inquiries will be protected by article 6.1c of Regulation (EU) 2016/679 and will not require express consent . This means that, in general, you should not use the formula “I authorize…” and reserve it basically for the case of requiring tax data.
3. As we said in the previous point, express consent is not generally required but it is necessary to give the possibility to citizen to oppose the data consultation .
Therefore, in the same form we can find two types of consent: the express one for tax data and the non-opposition to the consultation of the rest of the data.
4. And if this opposition occurs, she must be motivated .
The PID indicates that if the citizen is not required to provide the motivation for his opposition, it will not be a reason to stop the request since there is no loss of rights. The fact of justifying the opposition is advised with the aim of preventing the Administrations from encountering indiscriminate oppositions to the data consultation (what is called "ad notum" opposition, at will) and which have as their purpose the concealment or falsification of data.
5. It is necessary that the application form or the basis of the call clearly inform the citizen where he can exercise his rights if he wants to object with reasons. You have an example in the Request for authorization by type of procedure in the services of Via Oberta.
6. In the event that the citizen expresses a reasoned opposition, he must provide the documents on which he has expressed his opposition. If it does not, the application cannot be estimated.
Regarding this point, another recommendation is made: that the design of administrative procedures and electronic forms contemplates the possibility that in the same electronic form the citizen can exercise this right of opposition and provide all the supporting documentation required at the same time of submitting 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 the administrative management if the citizen's right of opposition must be resolved first and which, therefore, conditions the good development of the procedure.
7. In case of data verification, that is to say, when the citizen provides the information and the system returns a yes/no, a specific form for that procedure will not be necessary to exercise the right of opposition. It will be enough to be able to exercise this right on the data that the citizen provides (exercise of ARCO-POL rights).
