2023-10-09 02:04:07
The General Treasury of Social Security (TGSS) would be failing to comply with the Data Protection Law with self-employed workers. This has been denounced by the General Council of Administrative Managers of Spain, which has sent a letter to the general director of the TGSS, Andrés Harto, to ask him to cease the mandatory requirement of data information of its autonomous corporate clients of which they are « authorized RED. Social graduates warn that they “of their own motion” cannot provide this information “without the consent of our clients.” Furthermore, they alert Harto that “without this consent, we could be violating the Data Protection Law, considering that we cannot necessarily have the information they request of us.” In addition, they remind you that you have this information at your disposal in the different official organizations available, so you could access it without having to request it from social graduates “forcing us to breach the confidentiality mandate of our clients with their requirements,” he explains. Fernando Santiago Ollero, president of the Council in the letter. For this reason, they urge you to “analyze what part of the information is already in the possession of any agency or agency of the Administration and establish the appropriate mechanisms to have it available automatically.”
Arguments
In the letter, Santiago refers to article 28 of law 39/2015 of October 1 on the common procedure of Public Administrations, which states that “the interested parties have the right not to provide documents that are already in the possession of the acting Administration or have been prepared by any other Administration. The acting Administration may consult or collect said documents unless the interested party objects to it. “There will be no opposition when the provision of the document is required within the framework of the exercise of sanctioning or inspection powers.”
At the end of the letter and after this presentation, Santiago requires the TGSS to “review the developments carried out by Red.es for the Digital Kit, which can be a good reference.”
Social Security sources denied to LA RAZÓN that said Law is being violated and recalled that “the obligation to communicate data of self-employed workers is regulated in the single transitional provision of Royal Decree 504/2022, of June 27.” It “regulates the communication of data that must be made to the General Treasury, before October 31, 2023, by self-employed workers who were already registered before the date of entry into force of this rule and who, due to the peculiarities of their activity, must provide the data that in its current wording is required by article 30.2.b) of the General Membership Regulations for self-employed persons who process their registration with Social Security.
Likewise, the Ministry stressed that “it is a necessary procedure to then be able to cross-reference the information we have correctly. It was approved almost a year and a half ago and during all these months continuous conversations have been held with managers and social graduates to facilitate the entire procedure. Dissemination talks have been held, letters have been sent, and two Red News Bulletins have been published on this matter.
Graduates deny it
The social graduates deny that conversations or meetings of any kind have been held, which is why they directly accuse Social Security of “lying” by not having held any type of meeting. «A month ago, the provincial directors of the TGSS had a meeting to agree on the actions they should carry out on this issue of self-employed information and decided that they had to summon the social graduates and administrative managers to explain the situation. . Well, we are still waiting because none of the 22 presidents of the associations of managers in Spain have been summoned to any meeting. Therefore, they lie blatantly,” says Santiago Ollero, who insists that “as president of the General Council I have not received any call from either the Treasury or the Ministry itself. “I don’t understand why they lie about something that we can prove.”
Santiago emphasizes that “if they had consulted us, in addition to explaining how to do it, we would have explained the times necessary for these processes, and not now that it is impossible to comply with the rule and they are going to sanction 3.5 million self-employed workers.”
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