Prior public consultation on developing a draft standard for 5G network and service security

Article 133.1 of Law 39/2015, of 1 October, on the Common Administrative Procedure of the Public Administrations and article 26.2 of Law 50/1997, of 27 November, of the Government establish that prior to the elaboration of the draft or preliminary draft law or regulation, a public consultation will be held, through the web portal of the competent Administration in which the opinion of the subjects and the most representative organizations potentially affected by the future rule will be sought.

In application of both legal precepts, this prior public consultation is initiated, in order to elaborate a draft standard relating to the security of 5G networks and services, so that any subject, person or interested party can express their opinions or submit the comments and documents that they deem appropriate.

Following the provisions of Recommendation (EU) 2019/534, the Government prepared and forwarded to ENISA its national risk analysis and is preparing to begin with this prior consultation a regulatory process to incorporate into our legal system the recommendations of the Commission and those agreed between the Member States to face the risks of 5G networks.

Therefore, it is appropriate to address this regulatory initiative.

Only those responses in which the sender is identified and their contribution will be considered as to the need, opportunity or content of this public consultation.

In general, the responses and contributions received will be considered susceptible to public dissemination. The parts of the information submitted that, in the opinion of the interested party, should be treated confidentially and therefore should not be freely disseminated, should be specifically indicated in the text of the contribution or comment itself, not considering for this purpose the generic messages of confidentiality of the information.