Following the entry into force of Law 26/2015, of 26 July, amending the system of protection for children and adolescents, public administrations in general, and our Catalan public sector in particular, have the l 'obligation to verify as a requirement for access to and exercise of professions, trades and activities that involve regular contact with minors, the fact of not having been convicted by a final sentence for a crime against sexual freedom and compensation.
To this end, whoever seeks access to those professions, trades, etc., must prove this circumstance by providing a negative certification from the central register of sex offenders of the Ministry of Justice.
The AOC Consortium has put into production the new service of Via Oberta "Certificate of non-existence of criminal record", presented in the post dated February 10, 2016 from the Open Administration Blog.
Like the other services of Via Oberta, in order to authorize you to make the request for data, the LOPD obliges us to check:
1) What do you have competition to request data. (legal competence of the entity)
2) That the dades which you want to replace the ask in a specific procedure, regular and current. (compliance with the principle of legitimate purpose).
The two previous points must be indicated in the box “Regulations governing the procedure” of the service application form. The competition grants it, apart from the Law of Bases of Local Regime, the own requirement of the Law 26/2015, of 26 July, of modification of the system of protection to the childhood and the adolescence, the Law 45 / 2015 volunteering to work with minors, Law 10/1999, to obtain permission for the possession of dangerous dogs, etc.… as examples.
Each specific regulation will mark the legitimate purpose.
3) Do not break the principle of proportionality (i.e. do not ask for more data than is necessary). For now, this principle is not broken, as it is a legal requirement. When the Central Registry of Sexual Offenses comes into operation, the data must be requested against this registry and not the general criminal record.
4) Finally that the assignment is made with consent or that there is one norm with rank of law that exempts him.
At the moment there is no law that exempts from this consent, so the consent of the affected person must be collected.
The MINHAP Intermediation Platform asks us for the document which includes the consent of the citizen authorizing the body to make telematic consultations of their data in the RCP of the Ministry of Justice. That's why we ask that you attach this document with your service request.
Most applications received requesting the service are originated because you need to meet this requirement for specific current selection processes or to try to regularize the situation of staff already hired by local bodies or their public sector. In both cases, the requirements are the same: competence of the body, regulations of the specific and current procedure, proportionality and consent of the affected party. In the case of providing the rules of the specific and real procedure, for now, some councils are providing mayoral decrees or resolutions indicating the procedure to be followed and the people who are affected and by virtue of their links with minors ( leisure monitors, pool, music, teachers,…), also the document given to employees to request their consent for us to consult this personal data of theirs through electronic means directly to the Ministry of Justice .
We attach the link to the Resolution SLT / 352/2016, of 9 February, by which publishes the Instruction 1/2016, on the requirement of access and of exercise of the places of work that imply usual contact with minor, of the Catalan Institute of the Health of the Generalitat de Catalunya, (Today's DOGC, 18/02/2016, no. 7061), as a good example of specific regulation for the legitimate purpose of selection processes and internal management.
The purpose we will authorize is the same, as it is called "selection processes and internal management", and serves you both internally and externally.
We also have an application for the purpose of Authorizations, Permits and Licenses, under the criminal background check of the owner of a potentially dangerous dog.
We hope this post serves as a guide for you to comply with the legal requirements of the new Child and Adolescent Protection System Amendment Act.
