What should be done with the documentation that arrives at the registry by ordinary mail, once it has been digitized?

Law 39/2015, of October 1, on the common administrative procedure of public administrations (LCAPAP) establishes on the one hand, that one of the ways of presenting documentation by those interested in public administrations is the offices of posts, and on the other hand, that in general the documents that the interested parties have brought to the procedure in person must be digitized by the records assistance office (OAMR) for their incorporation into the electronic administrative file. The originals must be returned to the interested party, regardless of the cases in which the rule determines the custody of the documents presented by the Administration or it is mandatory to present objects or documents in a specific medium that cannot be digitized.

Therefore, the LPACAP does not decide what the OAMRs must do in practice with the documentation that they have digitized having arrived by post.

Document management tools should be used to resolve this issue. In this sense, the applicable Documentary Assessment and Access Tables (TAAD) should be considered to determine the relevance of the documentation, as well as the need to preserve or destroy it.

Simplification in this matter could also come if this regulation were applied to post offices and therefore to the documentation that arrived at the OAMR by electronic means.

Legal context

Law 39/2015

Article 16. Records

"4. The documents that the interested parties send to the public administration bodies can be presented:

a) To the electronic register of the Administration or body to which they are addressed, as well as to the other electronic registers of any of the subjects referred to in article 2.1.

b) At post offices, as established by regulation.

c) To the diplomatic representations or consular offices of Spain abroad. d) At the registration assistance offices.

e) In any other established by the provisions in force. [...]"

5. The documents presented in person before 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 presented for its inclusion in the electronic administrative file, and the originals must be returned to the interested party, without prejudice to the cases in which the rule determines the custody by the Administration of the documents presented or it is mandatory to present objects or documents in a specific medium not susceptible to digitization.”

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."

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