In accordance with Art.13 and 14 of the Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter GDPR), we inform you that your personal data will be processed by the General Directorate of Children's and Adolescents' Rights with the aim of enabling and ensuring the management, processing, and subsequent communication of requests submitted to the Department's units. Additionally, they will be processed by the same as the data controller in the exercise of the assigned competencies (Royal Decree 211/2024, of February 27, which develops the basic organizational structure of the Ministry of Youth and Children).
Additionally, the following detailed information is provided on the specific processing of personal data carried out by the General Directorate to facilitate the management of the data in relation to the International Adoption System.
- Who is responsible for the processing of your data?
Data controller - General Directorate of Children's and Adolescents' Rights
C/Alcalá 27, 28014, MADRID.
dgdia@juventudeinfancia.gob.es- What are the contact details of the Data Protection Officer?
Data Protection Officer - Undersecretary of Youth and Children
C/Alcalá 27, 28014, MADRID.
dpd@juventudeinfancia.gob.es- Who are the interested parties?
Future holder(s) of parental rights or guardianship of the minor who may be adopted. Internationally adopted minors. Persons responsible for accredited organizations and their staff.
- What data will we process of the interested party?
Identifying data of persons offering for international adoption: name, date of birth, ID, postal address, marital status if applicable, email, phone. Also identifying data of the minor: original name, date of birth, nationality, sex, adoption date, registration or visa date at the consular registry. Identifying data of responsible persons of accredited organizations and their staff: name, date of birth, ID, postal address, email, phone.
- For what purpose will the General Directorate of Children's and Adolescents' Rights process your data?
Coordination of public entities for monitoring and controlling activities of accredited organizations and processing international adoption files under the conditions established in Law 54/2007, of December 28, on International Adoption and Royal Decree 573/2023, of July 4, which approves the International Adoption Regulation.
Maintain a database (ADIN) that records international adoption files including identifying data of families nationwide, internationally adopted minors from various countries of origin, and a registry of accredited adoption organizations including data of their responsible persons and staff, as well as a register of claims and incidents regarding the actions of accredited organizations and decisions of approval or rejection.
- How long will my data be stored in the systems of the General Directorate of Children's and Adolescents' Rights?
The Ratification Instrument of the European Convention on the adoption of children (revised), done in Strasbourg on November 27, 2008, states in its article 22.5: “Considering the right of a person to know their identity and origins, relevant information regarding an adoption will be collected and stored for at least fifty years after it becomes final.”
- What legitimizes the General Directorate of Children's and Adolescents' Rights to process your data for the indicated purposes?
- Law 54/2007, of December 28, for the correct exercise of new competencies conferred to the General State Administration. The processing is necessary for executing the international adoption intermediation contract, in which the interested party is a part, according to conditions that legitimize data processing, as per Article 6.1.b) of the GDPR.
- General Data Protection Regulation, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, as well as the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.
- Organic Law 15/1999, of December 13, on Personal Data Protection.
- Royal Decree 573/2023, of July 4, which approves the International Adoption Regulation.
- Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption done in The Hague on May 29, 1993 (ratified by Spain in 1995).
- European Convention on the Adoption of Children (revised), done in Strasbourg on November 27, 2008 (enforced in Spain in 2011)
- To whom will my data be communicated?
Accredited organizations for international adoption, competent public administrations, and competent authorities in the countries of origin of minors eligible for international adoption.
- Will my data be transferred internationally?
In cases provided for in the Law and the International Adoption Regulation and the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption done in The Hague on May 29, 1993 (ratified by Spain in 1995).
The transfer is necessary for executing a contract between the affected person and the data controller (art. 34. F of the Organic Law 15/1999, of December 13, on Personal Data Protection). The interested person has given explicit consent after being informed of the possible risks.
- What are your rights when providing us your personal data?
- Any person has the right to obtain confirmation as to whether or not we at the General Directorate of Childhood and Adolescence are processing personal data concerning them.
- Interested persons have the right to access their personal data, as well as to request the rectification of inaccurate data.
- In certain circumstances and for reasons related to their particular situation, which must be motivated and attached to the application, they may object to the specific processing of their data based on what is established in art. 21 of the GDPR. That is, the exercise of the right of opposition must be accompanied by the expression of its cause for the General Directorate of Youth and Children to make a weighing of the alleged reasons, without a valid opposition in absolute terms that could be understood as the revocation of consent that has not been given since this is not the legal basis of processing. The General Directorate of Childhood and Adolescence will stop processing your data unless legitimate compelling grounds for processing are demonstrated that prevail over your interests, rights, and freedoms, or for the formulation, exercise, and defense of your claims.
- You may request the restriction of the processing of your personal data when:
- The accuracy thereof is contested and during the time that allows the General Directorate of Children's and Adolescents' Rights to verify the accuracy thereof.
- You request that we retain them when they are no longer necessary for the purpose they were collected before their deletion by the General Directorate of Childhood and Adolescence, in which case we will only retain them for the exercise or defense of claims.
- Once the exercise of your right to object to processing is requested, while verifying whether the reasons of the General Directorate of Childhood and Adolescence for processing your legitimate data prevail over yours.
- You may materially exercise these rights through a request addressed to the General Directorate of Childhood and Adolescence through this form, or in person through the network of registration assistance offices using this request model (editable and printable version)
- Likewise, you can file a complaint with the Spanish Data Protection Agency if you believe your rights have not been satisfied in their exercise, either through their web form (Complaint Form of the Spanish Data Protection Agency), or in person at c/ Jorge Juan 6, 28001 MADRID.
- What security measures are applied?
All information and documentation on the minor, the family, and the procedures to be carried out by the accredited organization to mediate international adoptions will be strictly confidential, and the signatory parties can only use it for the purposes established in the contract according to clause fifteenth of the international adoption intermediation contract. There is explicit consent from the interested person. The security measures implemented correspond to those provided in Annex II (Security Measures) of Royal Decree 311/2022, of May 3, which regulates the National Security Scheme in the field of Electronic Administration and which are described in the documents that make up the Ministry's information security policy.
Automatically translated with OpenAI from Spanish