Responsibility for the data stated in the forms

According to article 28 of Law 39/2015, of 1 October, of the common administrative procedure of the Public Administrations (LPACAP), the interested parties are responsible for the veracity of the documents they present.

On the other hand, in accordance with article 69 of the LPACAP, the interested parties are responsible for what they state in the responsible declarations and previous communications, warning that the inaccuracy, falsity or omission of the data that are incorporated in these forms, are reasons to prevent the continued exercise of the right or activity affected.

Therefore, it should be understood that the interested parties are also responsible for the data they provide, so it will be necessary to include a clause in the forms in this regard that will allow:

Guarantee the veracity of the data and documents provided to us through electronic procedures.
Apply the Eighth Additional Provision of Organic Law 3/2018, on the Protection of Personal Data and the guarantee of digital rights in relation to the AAPP's verification power, which provides: “When applications are made by any means in which the interested party declares personal data held by public administrations, the body to which the application is addressed may carry out the necessary verifications in the exercise of its powers. check the accuracy of the data. "

Legal Context

Law 39/2015

Article 28. Documents provided by those interested in the administrative procedure.

“1. The interested parties must provide the administrative procedure with the data and documents required by the public administrations in accordance with the provisions of the applicable regulations. Interested parties may also provide any other documents they deem appropriate.

[...]

7. The interested parties are responsible for the veracity of the documents they submit. ”

Article 69. Responsible declaration and communication.

" [...]

4. The inaccuracy, falsity or omission, of an essential nature, of any data or information that is incorporated in a responsible declaration or a communication, or the non-presentation before the competent Administration of the responsible declaration, the documentation that, if where applicable, it is required to prove compliance with what has been declared, or the communication determines the impossibility of continuing with the exercise of the right or activity affected from the moment that these facts are known, without prejudice of the relevant criminal, civil or administrative responsibilities.
Likewise, the resolution of the Public Administration declaring these circumstances may determine the obligation of the interested party to restore the legal situation at the time prior to the recognition or exercise of the right or the start of the corresponding activity, as well. such as the impossibility of instituting a new procedure with the same object for a period of time determined by law, all in accordance with the terms established in the applicable sectoral rules. "

Organic Law on the Protection of Personal Data

Tenth additional provision. Power of verification of the Public Administrations.
“When requests are made by electronic means in which the interested party declares personal data held by the Public Administrations, the recipient body of the request may carry out the necessary verifications in the exercise of its powers to verify the accuracy of the data. ”

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