Transfer-supply of data by INSS to the Directorate-General for Migration

The Official State Gazette (BOE) today publishes the Resolution of 20 June 2023, of the Technical Secretariat-General, publishing the Agreement between the National Social Security Institute and the Directorate-General for Migration on the transfer or provision of information to public administrations, of which we highlight:

CLAUSES

First. Subject-matter of the agreement.

The purpose of this agreement is to establish a general framework of collaboration for the transfer of information by the National Institute of Social Security –INSS– (hereinafter referred to as ‘the transferor’) and the Directorate-General for Migration (hereinafter referred to as ‘the transferee’).

The information transferred is obtained by the transferor in the exercise of its competence as a Management Entity of the Social Security System. The assignee requires it for the performance of the functions entrusted to it by law, in the interest of the cooperation provided for in Article 142 of the LRJSP.

In any case, such access or supply shall always take place in strict compliance with the regulatory framework in force;, preserving the rights of the persons to whom the information relates.

Second. Purpose of the provision of information.

Any provision or transfer of information shall have the exclusive purpose of collaborating with the Directorate-General for Migration for the exercise of the functions legally assigned to it at any given time.

When the purpose of the processing is scientific research and the data transferred are not anonymized, the following requirements must be met for their transfer:

– The data are required for instrumental purposes, that is, as a vehicle or tool to achieve a later purpose.

– They are necessary for scientific research.

– They relate only to information essential to the investigation.

– It must be guaranteed that it will not be used by the transferee for any purpose other than the investigation.

– The subsequent processing of the data in the investigation does not allow the identification, directly or indirectly, of the data subjects.

(…)

ANNEX I

Request for transfer-supply of data by the INSS to the Directorate-General for Migration for the exercise of its powers

1. Transferring administration: National Institute of Social Security.

2. Assignee administration: Directorate-General for Migration

3. Jurisdiction of the Directorate-General for Migration which justifies the need to obtain the data:

The Directorate-General for Migration consults the data covered by this Convention because verification is required in connection with the processing of the procedures relating to aliens and emigration., in accordance with the following powers conferred on it:

a) The organization and management of the procedures for granting authorizations provided for in the general regulations on foreigners and immigration or other regulations whose resolution corresponds to the General Directorate of Migration.

b) Monitoring the performance of other management centres, the Aliens Offices and the peripheral organs of the General State Administration in procedures for work and residence authorizations, or in immigration matters within their competence.

c) The justified proposal of needs of means and infrastructures for the management of immigration procedures and the coordination for its implementation by the competent bodies.

d) The organization of collective management of hiring at origin, the selection and hiring processes of foreign workers in their countries of origin, or foreigners documented with job search visas, as well as support for selected workers and monitoring of hiring.

e) Coordination with the autonomous communities that have competences in the field of authorization to work.

f) The implementation of the plan for the return of Spanish emigrants.

g) The management of subsidy and aid programs for Spaniards abroad and returnees.

h) The recognition and management of economic benefits and assistance for Spaniards abroad and returnees.

i) The functional coordination of the action of the organs of the General State Administration in the territory with competence in matters of returned emigrants.