In the framework of the adaptation of the Spanish data protection regulations to the new European Data Protection Regulations, on November 20 the new Parliament approved the new Organic law for the protection of personal data and guarantee of digital rights which expressly repeals Organic Law 15/1999, of 13 December. Notwithstanding that the new Law is published in the BOE and that it enters into force on the day following its publication, it is necessary to highlight some aspects that directly affect the user entities of the Single Edict Board (TEU) of the BOE and the e-BOARD, as a complementary notification mechanism in cases of unsuccessful notifications.
In this sense, the new Law in its 7th Additional Provision. regulates both the identification of those interested in notifications by means of announcements, and the publication of administrative acts containing personal data.
As to how to identify those interested in notifications by means of announcements, particularly in the cases provided for in art. 44 of Law 39/2015, of 1 October on common administrative procedure of public administrations relating to unsuccessful notifications, establishes the following mandatory criteria:
1) Identification of the interested party exclusively by means of the complete number of his DNI or of his number of identity of foreigner, passport or equivalent document.
2) In the event that the interested party does not have the above documents, identify him only by his name and surname.
3) In any case, the name and surnames will never be published together with the complete number of your DNI, or of your foreigner's identity number, passport or equivalent document.
With regard to the publication of administrative acts containing personal data, Additional Provision 7. establishes that the interested party must be identified by their name and surname, adding the last four random digits of the DNI, foreigner's identity number, passport or equivalent document. In the event that the publication affects a plurality of interested parties, these figures must be alternated.
Each of us will be responsible for compliance with the provisions of Additional Provision 7. of the new Organic Law of data protection from the following day of his publication in the BOE.
