According to article 28 of Law 39/2015, of October 1, on the common administrative procedure of 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 manifest in the responsible declarations and previous communications, while warning that the inaccuracy, falsity or omission of the data included in these forms, are reasons to prevent continuing with the exercise of the affected right or activity.
Therefore, it must 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 sense 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, Protection of Personal Data and guarantee of digital rights in relation to the power of verification of the AAPP that provides: "When requests are made by any means in which the interested party declares personal data that are in the possession of the public administrations, the body receiving the request may, in the exercise of its powers, carry out the necessary checks to check the accuracy of the data."
Law 39/2015
Article 28. Documents provided by those interested in the administrative procedure.
"1. Those interested must provide the administrative procedure with the data and documents required by the public administrations in accordance with the provisions of the applicable regulations. Likewise, those interested can provide any other document they deem appropriate.
[...]
7. Those interested are responsible for the veracity of the documents they present.”
Article 69. Responsible declaration and communication.
Likewise, the resolution of the Public Administration that declares 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 such as the impossibility of instigating a new procedure with the same object during a period of time determined by law, all this in accordance with the terms established in the applicable sectoral rules. "
Project of the Organic Law on the protection of personal data
Tenth additional provision. Power of verification of Public Administrations.
"When requests are made by electronic means in which the interested party declares personal data held by the Public Administrations, the body receiving the request may, in the exercise of its powers, carry out the necessary checks to verify the accuracy of the data. "
