• Catalonia.The Government sees a "coup d'etat" the decree law against the Catalan digital Republic
  • Newspaper archive.The Government will prevent by law that the Generalitat use the data of the Catalans to promote independence

The Government , on an exceptional and transitory basis, may agree on the assumption by the General State Administration of the direct management or intervention of electronic communications networks and services in certain exceptional cases.

These scenarios are: that may affect public order, public security and national security.

"Specifically, this exceptional and temporary power of direct management or intervention may affect any infrastructure, associated resource or element or level of the network or service that is necessary to preserve or restore public order, public safety and national security. ".

This is stated in the text of Royal Decree-Law 14/2019 of October 31, which takes urgent measures for reasons of public security in matters of digital administration, public sector contracting and telecommunications, and that this Tuesday is published in the BOE .

"The recent and serious events that have occurred in part of the Spanish territory have highlighted the need to modify the current legislative framework to deal with the situation," argues the Government in the general provisions.

This Royal Decree-law modifies several laws, including the General Telecommunications of 2014.

That law already spoke of the possibility that the Executive, also on an exceptional and transitory basis, could agree on the Administration's assumption of the direct management of certain services or the operation of certain electronic communications networks to guarantee the public security and national defense.

Now a new wording of the section is added and there is talk of direct management or intervention in cases that may affect public order, public and national security.

This decision may be taken at the Government's own initiative or at the request of a competent public administration; In the latter case it will be necessary for this administration, for example, to have security competencies.

As for the sanctioning process, the Royal Decree-Law gives a new wording to one of its sections: "Prior to the beginning of the sanctioning procedure, it may be ordered by the competent body of the Ministry of Economy and Business , by resolution without prior hearing, the cessation of the alleged infringing activity when there are reasons of urgent urgency based on any of the following assumptions ".

It introduces, among them, that of the immediate and serious threat to public order, public or national security or when there is an immediate and serious threat to public health.

The new decree includes a new section to the article of the law of 2014 that refers to the requirements for the operation of networks and the provision of electronic communications services.

Thus, the Public Administrations must communicate to the Ministry of Economy and Business any project for the installation or operation of electronic communications networks in self-service regime that makes use of the public domain, whether this installation or operation is going to be carried out directly, through of any entity or company dependent on it.

All this is contemplated in the chapter of the measures to reinforce the security in the matter of telecommunications, while in the chapter of the measures in the matter of electronic identification and location of certain databases, the new Royal Decree-law says that they must be located and lend within the territory of the EU.

"The information and communication systems for the collection, storage, processing and management of the electoral roll, the municipal population standards and other population records, tax data related to own or assigned taxes and user data of the national health system, as well as the corresponding processing of personal data, must be located and provided within the territory of the EU ".

The data referred to in the previous section may not be transferred to a third country or international organization, with the exception of those that have been subject to a decision of adequacy of the European Commission or when required by compliance with the obligations internationals assumed by Spain.

Public entities have a maximum period of six months from tomorrow to fulfill this obligation.

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