Statutes For Maintenance Of Database Of Registration Of Short-Term Employment Of Aliens In Estonia


Published: 2012-01-01

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Statutes for maintenance of database of registration of short-term employment of aliens in Estonia

Passed 17.06.2010 Annex 85
RT I 2010, 45, 270
Entry into force 01.10.2010
Amended by the following legal instruments (show)

Passed
Published
Entry into force

22.12.2011
RT I, 29.12.2011, 138
01.01.2012

The Regulation is established on the basis of subsection 111(1) of the Aliens Act.

Chapter 1 GENERAL PROVISIONS 

§ 1.  Name of database

The name of the database is the Database of Registration of Short-term Employment of Aliens in Estonia (hereinafter database).

§ 2.  Chief processor and authorised processor of database

The chief processor of the database is the Police and Border Guard Board (hereinafter chief processor) and the authorised processor is 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 short-term employment of aliens in Estonia.

Chapter 2 STRUCTURE OF DATABASE AND REQUIREMENTS FOR MAINTENANCE OF DATABASE 

§ 4.  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 (hereinafter procedural file).
(2) The composition of the database shall include digital database cards (hereinafter database card) and procedural files.
(3) A procedural file shall consist of the documents specified in section 12 and other documents and evidence gathered in the course of the relevant administrative proceedings and forming the basis for performing the procedure.

§ 5.  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 K1T2S2. The security level of the data processed in the database is medium (M).

Chapter 3 DATA TO BE ENTERED INTO DATABASE 

§ 6.  Data of alien to be entered on database card

The following data shall be entered on a database card concerning an alien, the registration of whose short-term employment in Estonia is applied for:
1) given name(s);
2) surname;
3) personal identification code or date of birth;
4) sex;
5) citizenship;
6) country and place of birth;
7) photo or facial image;
8) education (pre-school, basic, general secondary, vocational secondary, higher education or other);
9) area of specialisation or profession;
10) data concerning the travel document (type and number of document, date of issue, date of expiry, issuing country);
11) data concerning the place of residence in a foreign country (street, house, apartment, town or village, rural municipality, county, postal code, country);
12) data concerning the place of residence or stay in Estonia (street, house, apartment, town or village, rural municipality, county, postal code);
13) contact details (e-mail address, telephone);
14) previous stay in Estonia and connection with Estonia;
15) data concerning the legal representative, if necessary (name, personal identification code or date of birth);
16) basis for staying in the country (on the basis of a visa, visa-free).

§ 7.  Data of employer to be entered on database card

(1) The following data shall be entered on a database card concerning an employer who is a natural person:
1) given name(s);
2) surname;
3) personal identification or date of birth;
4) contact details (postal address, telephone, fax, e-mail address).
(2) The following data shall be entered on a database card concerning an employer who is a legal person:
1) type of legal person (public or private);
2) name;
3) registration code;
4) contact details (postal address, telephone, fax, e-mail address).
(3) The following data shall be entered on a database card concerning the person(s) holding the right of representation of an employer who is a legal person:
1) given name(s);
2) surname;
3) personal identification code or date of birth;
4) basis of the right of representation.

§ 8.  Data to be entered on database card concerning persons authorised to submit application

The following data shall be entered on a database card concerning a person authorised to submit an application, if such a person has been appointed:
1) given name(s);
2) surname;
3) personal identification code or date of birth;
4) contact details (telephone, fax, e-mail address).

§ 9.  Data to be entered on database card concerning short-term employment

The following data shall be entered on a database card concerning the short-term employment:
1) name of the employer;
2) contact details of the place of work (address, telephone, fax, e-mail address);
3) date of commencement or end of employment;
4) type of employment according to the bases established by law;
5) position;
6) amount of remuneration payable for work.

§ 10.  Data concerning application for and proceeding of registration of short-term employment in Estonia

The following data shall be entered in the database concerning an application:
1) date of submission of the application;
2) date and number of registration of the application;
3) given name(s) and surname of the official registering the application;
4) data concerning the documents annexed to the application;
5) method of issuing notices;
6) data concerning the payment of the state fee;
7) data concerning the status and location of the application;
8) date and number of the decision;
9) the decision and the justification thereof;
10) the legal basis for the decision;
11) given name(s) and surname of the official making the decision;
12) data concerning the forwarding of the decision (date, method of forwarding);
13) data gathered in the course of the proceeding concerning other circumstances and documents of importance;
14) data concerning the contestation and appeal of the decision;
15) data concerning the appeal of a court decision.

Chapter 4 ENTRY OF DATA IN DATABASE 

§ 11.  Submitter of data

An employer who is a natural or legal person is the submitter of data to the database.

§ 12.  Source documents for entry of data in database

The documents submitted by the submitter of data under the Aliens Act upon applying for the registration of short-term employment of an alien in Estonia and documents gathered in the course of the proceeding constitute the source documents for the entry of data in the database.

§ 13.  Entry of data in database

The chief processor or the authorised processor shall enter the data of the application for registration of short-term employment of an alien in Estonia on a database card on the date of acceptance of the application, and other data on the workday following the date of acceptance of the source documents or issue of an administrative act or performance of a procedure at the latest.

§ 14.  Ensuring correctness of data

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

§ 15.  Correction of incorrect data

If the chief processor or the authorised processor discovers incorrect data in the database or if the chief processor or the authorised processor is informed of such data, the chief processor or the authorised processor shall organise the correction of such data immediately after learning of the incorrect data, supplementing a copy of the document certifying the correct data and making a notation in the database concerning the date of the correction and the official making the correction.

Chapter 5 ACCESS TO DATA ENTERED IN DATABASE AND RELEASE OF DATA FROM DATABASE 

§ 16.  Access to data entered in database

(1) The data contained in the database is 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 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) 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.
(5) 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.
(6) 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 chief processor and the authorised processor.

§ 17.  Release of data from database

(1) The chief processor of the database shall release the data entered in the database:
1) to a data subject or the legal representative of the data subject (personal data concerning the data subject);
2) to the submitter of the data on the basis of a written application (data submitted to the database by him or her);
3) to third persons on the basis of their written application, if a legal basis deriving directly from law exists.
(2) The chief processor of the database shall maintain records on the date of submission of data to the database, the date of release of data, the composition of data, the submitters of data and the receivers of data.
(3) Data shall be released from the database free of charge.

Chapter 6 ARCHIVING AND SUPERVISION OF DATABASE DATA, FINANCING OF MAINTENANCE OF DATABASE, AND LIQUIDATION OF DATABASE 

§ 18.  Archiving database data

The chief processor shall store the database cards and procedural files in accordance with the Archives Act, the legal acts issued on the basis thereof and the procedure established by the chief processor.

§ 19.  Supervision over maintenance of database

Supervision over the maintenance of the database shall be performed in accordance with the Personal Data Protection Act and the Public Information Act.

§ 20.  Financing of database

The service and development 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.

§ 21.  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 PROVISION 

§ 22.  Entry into force of Regulation

This Regulation shall enter into force on 1 October 2010.

Related Laws