There is a disparity of opinion regarding the type of signature to be used when digitizing documents submitted in person at the Registry Assistance Offices (OAMR).

On the one hand, there are those who consider that the digitization process certainly needs to be done to convert a paper document into an electronic one, following the technical rules of interoperability, it is an automatic process (automated administrative action) in which it does not intervene. the public employee, except for the function of putting the paper document on the scanner which would be a preliminary and proper action of assistance to the interested parties. If this interpretation is chosen, the type of signature to be used can be, according to current regulations, both as a qualified civil servant and as an organ seal.

The signature with an organ seal has the advantage of administrative efficiency because one person does not have to intervene in each process. System security is based on controlling access to the system, monitoring the process, and logging the operations associated with each person.

Other opinions argue that there is no automated administrative action for a public employee to intervene. If this interpretation is made, the process of authentication of paper documents in electronic documents will require only the signature of a qualified official.

Legal Context

Law 39/2015 :

Article 16 Registers

“5. Documents submitted in person to the Public Administrations must be digitized, in accordance with the provisions of article 27 and other applicable regulations, by the registration assistance office in which they have been submitted for incorporation into the electronic administrative file, returning the originals to the interested party, without prejudice to those cases in which the rule determines the custody by the Administration of the documents submitted or the presentation of objects is mandatory or of documents in a specific medium not susceptible to digitization. [...] ”

Article 27 Validity and effectiveness of the copies made by the Public Administrations

“1. Each Public Administration will determine the bodies that have the powers to issue authentic copies of public administrative or private documents.

Authentic copies of private documents are for administrative purposes only. Authentic copies made by a Public Administration will be valid in the rest of the Administrations.

For these purposes, the General State Administration, the Autonomous Communities and the Local Entities may make authentic copies through a qualified official or through automated administrative action. ”

Law 40/2015 :

Article 41. Automated administrative action.

"1. Automated administrative action means any act or action carried out entirely by electronic means by a Public Administration in the framework of an administrative procedure and in which no public employee has directly intervened.

2. In the case of automated administrative action, it will be necessary to establish in advance the competent body or bodies, as the case may be, for the definition of the specifications, programming, maintenance, supervision and quality control and, where appropriate, system audit. information and its source code. However, the body to be held liable for the purposes of the challenge shall be indicated. "

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