Statutes For Maintenance Of Visa Register


Published: 2012-01-01

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Statutes for maintenance of visa register

Passed 17.06.2010 Annex 86
RT I 2010, 45, 271
Entry into force 01.10.2010
Amended by the following legal instruments (show)

Passed
Published
Entry into force

05.05.2011
RT I, 11.05.2011, 1
14.05.2011

06.10.2011
RT I, 08.10.2011, 2
11.10.2011

22.12.2011
RT I, 29.12.2011, 138
01.01.2012

The Regulation is established on the basis of subsection 102(1) of the Aliens Act.

Chapter 1 GENERAL PROVISIONS 

§ 1.  Name of database

The official name of the database is the Visa Register (hereinafter database).

§ 2.  Chief processor and authorised processor of database

The chief processor of the database is the Ministry of the Interior (hereinafter chief processor) and authorised processors are the Police and Border Guard Board, the Security Police, the Ministry of Foreign Affairs and the IT and Development Centre of the Ministry of the Interior (hereinafter authorised processor).
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]

§ 3.  Objective of maintenance of database

The objective of the maintenance of the database is to ensure public order and national security through the processing of the data concerning the legal bases and conditions of the temporary stay of aliens in Estonia.

§ 4.  Scope of application

The data to be entered in the database and the source documents for the entry of data in the database shall be subject to the provisions of this Regulation, unless stipulated otherwise in an international agreement.

Chapter 2 STRUCTURE OF DATABASE AND REQUIREMENTS FOR MAINTENANCE OF DATABASE 

§ 5.  Method of maintenance and composition of database

(1) The database shall be maintained as a single-level computerised database and as hard-copy procedural files.
(2) The composition of the register shall include:
1) digital database cards (hereinafter database card);
2) procedural files.

§ 6.  Procedural file

A procedural file shall consist of the source documents specified in section 14 and documents certifying the correctness of the data corrected upon the correction of the incorrect data entered in the database.

§ 7.  Protection of data processed in database

(1) For the purpose of ensuring the availability, integrity and confidentiality of the data processed in the database, appropriate organisational, physical and information technological security measures shall be applied.
(2) The security classification of the data processed in the database is K2S2T2. The security level of the data processed in the database is medium (M).

Chapter 3 DATA TO BE ENTERED IN DATABASE 

§ 8.  Data concerning visa applications

(1) The following data concerning a visa applicant shall be entered in the database:
1) a photo;
2) fingerprint images and the date when they were taken;
[RT I, 08.10.2011, 2 – entry into force 11.10.2011]
3) surname(s);
4) given name(s);
5) former names;
6) date of birth;
7) personal identification code, if applicable;
8) country and place of birth;
9) citizenship (current);
10) citizenship by birth (if different from current citizenship);
11) sex;
12) marital status;
13) type, number, issuing country and authority, date of issue and expiry of validity of the travel document submitted;
14) the existence of a permit to return to that country, if the applicant resides in a country other than the country of origin (number and validity period of the permit);
15) profession (currently employed as);
16) name, address and telephone of the employer or, in the case of students, the name and address of the educational institution;
17) member state or member state of destination of travel;
18) type of visa;
19) number of entries applied for;
20) duration of the planned stay or transit in days (period of stay);
21) Schengen visas (issued during the last three years) and the validity period thereof;
22) date of previous fingerprinting in connection with application for a Schengen visa, if applicable;
23) the existence of an entry permit to the country of destination, if the applicant is passing through (name of issuer and validity period);
24) previous stays in Estonia or other member states of the Schengen Convention;
25) main objective(s) of travel;
26) date of arrival;
27) date of departure;
28) member state of first entry;
29) the person covering the travel and accommodation costs;
30) means for covering the travel costs;
31) name, address, telephone and fax and e-mail address of the hotel or place of temporary accommodation where the visa applicant is staying;
32) the applicant’s home address;
33) telephone;
34) e-mail address.
(2) The following data concerning other persons and the visa application and the decisions made thereon shall be entered in the database:
1) in the case of a minor, the given name, surname, address (if different from that of the applicant) and citizenship of the legal representative;
2) name, address, telephone and fax and e-mail address of the visited natural person or company and the contact person of the company residing in Estonia or in another member state of the Schengen Convention;
3) personal data of the family member of the applicant who is a citizen of the European Union, a member state of the European Economic Area or the Swiss Confederation (given name(s), surname, date of birth, citizenship, number of travel document or personal identification certificate and the family relationship with the citizen of the European Union, a member state of the European Economic Area or the Swiss Confederation), signature (in the case of a minor, the signature of the legal representative), place and date. The visa application data listed in this paragraph shall be submitted only by the family members of the citizens of the European Union, a member state of the European Economic Area and the Swiss Confederation;
4) numeric code and date of registration of the application;
5) given name(s), surname and position of the official who registered the application;
6) place (name of city) and date of submission of the application;
7) data concerning the state fee paid for the review of the application and data concerning exemption from the state fee or reduction thereof;
8) type of the visa issued, number of the visa sticker, date of beginning and end of validity of the visa, the number of days of stay allowed by the visa;
9) given name(s), surname and position of the official who issued the visa;
10) the legal bases for refusal of issue of visa and the given name(s), surname and position of the official who made the decision of refusal.
(3) The data concerning the family members of the citizens of the European Union, the member states of the European Economic Area or the Swiss Confederation listed in paragraphs (1)15), 16) and 24) to 30) shall be entered in the database, if these data are available.

§ 9.  Data concerning extension of period of stay

(1) The following data concerning an applicant for extension of period of stay shall be entered in the database:
1) given name(s);
2) surname(s);
3) former names;
4) date of birth;
5) country and place of birth;
6) sex;
7) citizenship;
8) photo;
9) fingerprint images and the date when they were taken
[RT I, 08.10.2011, 2 – entry into force 11.10.2011]
10) marital status;
11) address of the place of residence in a foreign country and the place of stay in Estonia;
12) type, number, issuing country and authority, date of issue and period of validity of the travel document;
13) data concerning the legal representative of an applicant of less than 18 years of age (given name(s), surname(s) and citizenship);
[RT I, 08.10.2011, 2 – entry into force 11.10.2011]
14) basis for stay in Estonia, the number, date of beginning of validity period, date of expiry of validity period, the allowed period of stay in days, date of issue, place of issue.
(2) The following data concerning the representative of an applicant for extension of period of stay shall be entered in the database:
1) type of representation;
2) given name(s);
3) surname(s);
4) former names;
5) personal identification code;
6) date of birth;
7) sex;
8) contact details (telephone);
9) place of residence in Estonia;
10) type, number and issuing country of the personal identity document.
(3) The following data concerning an application for extension of period of stay shall be entered in the database:
1) number and date of registration;
2) given name(s) and surname of the official who registered the application;
3) date, until which the extension of period of stay is desired;
4) the reason for extension of period of stay and, if available, the name of the visited natural person or company and the contact person of the company residing in Estonia;
5) number of the sticker of extension of period of stay, date of beginning of validity period, date of expiry of validity period, the allowed period of stay in days;
6) the legal basis for extension of period of stay and the given name(s) and surname of the official who made the decision;
7) the legal basis for refusal of extension of period of stay and the given name(s) and surname of the official who made the decision of refusal;
8) the amount of the state fee paid or data concerning exemption from the payment of the state fee or reduction thereof, date of receipt of the state fee, given name and surname of the person or name of the legal person who paid the state fee;
9) issuer of health insurance contract, policy number, date of issue of the policy and the amount of and currency unit insurance liability.

§ 10.  Data concerning cancellation and revocation of visas or premature termination of period of stay

The following data shall be entered in the database upon the cancellation or revocation of a visa or upon the premature termination of period of stay:
1) number and date of the decision;
2) name of the authority and structural unit, whose official has made the decision;
3) given name(s) surname and position of the official who made the decision;
4) date, starting from which the period of stay is revoked;
5) given name(s), surname, date of birth, number of the travel document of the person to whom the visa was issued;
6) number of the cancelled or revoked visa sticker, period of validity thereof, number of entries allowed and the period of stay in days, authority issuing the visa, date of issue and type of visa;
7) the reason for the cancellation or revocation of the visa or the premature termination of period of stay and the legal basis thereof;
8) in the case of premature termination, a not concerning visa freedom.

§ 11.  Data concerning issue of visa as exception at border point

The following data shall be entered in the database concerning the issue of a visa as an exception at a border point:
1) number and date of the decision of issue of the visa;
2) given name(s), surname and position of the official who made the decision of issue of the visa;
3) given name(s), surname(s), date of birth, sex and citizenship of the person to whom the visa is issued;
4) photo of the person to whom the visa is issued, fingerprint images and the date when they were taken;
[RT I, 08.10.2011, 2 – entry into force 11.10.2011]
5) type, number, issuing country and authority, date of issue and expiry of validity of the travel document of the person to whom the visa is issued;
6) objective(s) of travel of the person to whom the visa is issued;
7) address and telephone of the person to whom the visa is issued during his or her stay in Estonia or a member state of the Schengen Convention;
8) type of the visa issued, number of the visa sticker, date of beginning and end of the validity period of the visa, number of the days of stay allowed by the visa;
9) legal basis for issuing the visa;
10) given name(s), surname and position of the official who issued the visa;
11) date of entry into the country and date of departure from the country as stated in the application;
12) legal basis for the reason for refusal of issue of visa and the given name(s), surname and position of the official who made the decision of refusal.

§ 111.  Data of the application for contestation of a decision on the refusal to issue a visa, annulment of a visa, revocation of a visa, refusal to extend the period of stay and premature termination of the period of stay

(1) With regards to a person contesting a decision on the refusal to issue a visa, annulment of a visa, revocation of a visa, refusal to extend the period of stay and premature termination of the period of stay (hereinafter in this section – decision) the following data is entered into the database:
1) first name (first names);
2) surname;
3) date of birth;
4) contact data (postal address, telephone, e-mail address, state);
5) contested action and its number;
6) reason for submission of the application for contestation of a decision on the refusal to issue a visa, annulment of a visa, revocation of a visa, refusal to extend the period of stay and premature termination of the period of stay (hereinafter – application).
(2) With regards to the representative of a person contesting a decision the following data is entered into the database:
1) first name (first names);
2) surname;
3) date of birth;
4) contact data (postal address, telephone, e-mail address, state.
(3) With regards to the application the following data is entered into the database:
1) registration number and registration date;
2) name of the agency and structural unit the official of which registered the application;
3) first name or first names, surname of the official who registered the application;
4) decision made with regards to the application, date when the decision was made;
5) first name or first names, surname and official title of the official who made the decision;
6) amount of the state fee paid, date of reception of the state fee, fist name and surname of the person or name of the legal person that paid the state fee.
[RT I, 11.05.2011, 1 – entry into force 14.05.2011, implemented retroactively starting from 05.04.2011]

Chapter 4 ENTRY OF DATA IN DATABASE 

§ 12.  Data submitter

An alien submitting a visa application or an application for extension of period of stay or application shall be considered as a submitter of data to the database.
[RT I, 11.05.2011, 1 – entry into force 14.05.2011, implemented retroactively starting from 05.04.2011]

§ 13.  Data exchange between databases

The chief processor and the authorised processor of the database are authorised for the purposes of fulfilling the duties assigned to them by law or a legal act issued on the basis of law to make enquiries to other databases of a European Union state or local government and to receive data therefrom.
[RT I, 08.10.2011, 2 – entry into force 11.10.2011]

§ 14.  Source documents for entry of data in database

The following are considered as source documents:
1) a standard format visa application together with the decision of issue or refusal of issue of visa;
2) decision of issue of visa as an exception at a border point;
3) a standard format application for extension of period of stay together with the decision of extension or refusal of extension of period of stay;
4) decision of cancellation or revocation of visa;
5) decision of premature termination of period of stay;
6) travel document of the visa applicant;
7) travel document of the applicant for extension of period of stay;
8) power of attorney of the representative of the applicant for extension of period of stay;
9) personal identity document of the representative of the applicant for extension of period of stay;
10) basis for the stay of the alien in Estonia, or extension thereof;
11) a document certifying the payment of the state fee;
12) a document certifying exemption from the payment of the state fee or reduction of the state fee;
13) a document certifying the basis for extension of period of stay;
14) other documents and certificates submitted.
15) standard format application together with a decision concerning satisfaction or denial of a challenge.
[RT I, 11.05.2011, 1 – entry into force 14.05.2011, implemented retroactively starting from 05.04.2011]

§ 15.  Entry of data in database

(1) In accordance with the terms and conditions and the procedure stipulated in the Aliens Act, the data shall be entered in the database:
1) by the Police and Border Guard Board in regards to the data listed in sections 8 to 111;
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]
2) by the Ministry of Foreign Affairs in regards to the data listed in sections 8, 10 and 111.
[RT I, 11.05.2011, 1 – entry into force 14.05.2011, implemented retroactively starting from 05.04.2011]
(2) Data shall be entered in database cards immediately after the receipt of the data.
(3) The authorised processor shall keep records of the date of submission of data to the database, the composition of data and the submitters of data in digital format and hard copy.

§ 16.  Ensuring correctness of data in database

A data submitter shall be responsible for the correctness of the data submitted by the data submitter and the data contained in the source documents as at the time of submission of the source document. An official of the authorised processor shall be responsible for the conformity of the data entered by him or her on a database card with the data submitted by the data submitter.

§ 17.  Correction of incorrect data

If the authorised processor discovers incorrect data in the database or is informed of incorrect data in the database, the authorised processor shall organise the correction of the data within three workdays from learning of the incorrect data, annexing to the procedural file a document certifying the correct data or a reference to such document, if possible.

Chapter 5 Access to data entered in database and release of data from database 

§ 18.  Access to data entered in database

(1) The data contained in the database are subject to access restrictions and classified as data intended for internal use.
(2) Access to the data entered in the database is granted to the officials of the chief processor and the authorised processor in the extent determined for the performance of their duties, and to the persons authorised by the supervisory authority for the performance of the duties established by law.
(3) Access to the database is granted to the employees of the IT and Development Centre of the Ministry of the Interior in the extent determined for the performance of their work duties.
(4) Access to the database data stipulated in sections 8 to 111 is granted, without the right of alteration of data, to the staff of the Security Police and the Information Board for the performance of the tasks stipulated in the Security Authorities Act and the Surveillance Act in the extent determined by their service duties.
[RT I, 11.05.2011, 1 – entry into force 14.05.2011, implemented retroactively starting from 05.04.2011]
(5) The right of access to the database is granted to the person developing or servicing the database in the extent and on the terms and conditions established in the development or service contract.
(6) The chief processor of the database shall decide the granting of access to the data through the data exchange layer of information systems to third persons upon the existence of the relevant basis established by law and in accordance with the Public Information Act and the Personal Data Protection Act. If necessary, an agreement shall be concluded with the receiver of data, stipulating the composition of the data to which access is granted, as well as the legal basis, objective, terms and conditions, procedure and manner of granting access to the data.
(7) Third persons shall be granted access to the data through the data exchange layer of information systems within the technical capacity and at a volume not obstructing the performance of the duties assigned to the authorised processor.
(8) Access to the data entered into the common Visa Information System of the European Union (VIS) is authorised in accordance with:
1) Regulation (EC) No 767/2008 of the European Parliament and of the Council concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, pp. 60–81) (hereinafter - VIS Regulation)
2) Council Decision 2008/633/JHA concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (ELT L 218, 13.8.2008, p. 129–136).
[RT I, 08.10.2011, 2 – entry into force 11.10.2011]

§ 19.  Release of data from database

(1) The authorised processor of the database shall release the data entered in the database:
1) to a data subject or the legal representative of a data subject (personal data concerning the data subject);
2) to third persons on the basis of their written application, if a legal basis deriving directly from law exists.
(11) The authorised processor of the database issues the data entered into the VIS to the data subject or to his legal representative (personal data concerning the data subject) in accordance with the VIS Regulation.
[RT I, 08.10.2011, 2 – entry into force 11.10.2011]
(2) The authorised processor of the database shall maintain digital records on the date of release of data, the composition of data and the receivers of data.
(3) Data shall be released from the database free of charge.

§ 191.  Data automatically forwarded from the database to the common European Union Visa Information System

(1) With regards to application for a visa the data specified in Article 9 of the VIS Regulation is forwarded to the VIS.
(2) Upon issue of a visa the data specified in Article 10 of the VIS Regulation is forwarded to the VIS.
(3) In case of termination of review of an application for a visa the data specified in Article 11 of the VIS Regulation is forwarded to the VIS.
(4) In case of refusal to issue a visa the data specified in Article 12 of the VIS Regulation is forwarded to the VIS.
(5) In case of annulment or revocation of a visa the data specified in Article 13 of the VIS Regulation is forwarded to the VIS.
(6) In case of extension of the period of stay designated by a visa the data specified in Article 14 of the VIS Regulation is forwarded to the VIS.
(7) In case of extension of a visa-free period of stay the data specified in Articles 9 and 10 of the VIS Regulation is forwarded to the VIS.
[RT I, 08.10.2011, 2 – entry into force 11.10.2011]

Chapter 6 Archiving of database data, supervision, financing of maintenance of database, and liquidation of database 

§ 20.  Archiving of database data

The authorised processor shall store the database cards and procedural files in accordance with the VIS Regulation, Archives Act, the legal acts issued on the basis thereof and the procedure established by the authorised processor.
[RT I, 08.10.2011, 2 – entry into force 11.10.2011]

§ 21.  Supervision over maintenance of database

Supervision over the maintenance of the database shall be performed in accordance with the VIS Regulation, Personal Data Protection Act and the Public Information Act.
[RT I, 08.10.2011, 2 – entry into force 11.10.2011]

§ 22.  Financing of database

(1) The service works and the maintenance of the database shall be financed from the resources allocated for that purpose to the chief processor and the IT and Development Centre of the Ministry of the Interior from the state budget.
(2) The development works of the database shall be financed from the resources allocated for that purpose to the chief processor and the authorised processor from the state budget.

§ 23.  Liquidation of database

Upon the liquidation of the database, the Government of the Republic shall decide the transfer of the data to another database or the state archives or the deletion of the data as well as the date of the transfer or deletion. The database shall be liquidated in accordance with the requirements of the Archives Act and the Public Information Act.

Chapter 7 IMPLEMENTING PROVISIONS 

§ 24.  Entry into force of Regulation

(1) This Regulation shall enter into force on 1 October 2010.
(2) Paragraphs 8(1)2), 9(1)9) and 11(4) shall enter into force upon the introduction of the European Union common visa information system VIS.

Related Laws

2013 Aliens Act
2015 Aliens Act
2015 Aliens Act
2013 Aliens Act
2013 Aliens Act
2015 Aliens Act
2015 Aliens Act
2015 Aliens Act