Establishment Of State Register Of Granting International Protection And Statutes For Maintenance Of Register


Published: 2012-01-01

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Establishment of state register of granting international protection and statutes for maintenance of register

Passed 03.08.2006 Annex 180
RT I 2006, 37, 281
Entry into force 14.08.2008
Amended by the following legal instruments (show)

Passed
Published
Entry into force

31.07.2008
RT I 2008, 36, 219
08.08.2008

23.07.2009
RT I 2009, 41, 277
30.07.2009

17.12.2009
RT I 2009, 65, 448
01.01.2010

17.06.2010
RT I 2010, 45, 272
01.10.2010

22.12.2011
RT I, 29.12.2011, 138
01.01.2012

The Regulation is established on the basis of subsection 77(2) of the Act on Granting International Protection to Aliens and in accordance with subsection 435(1) of the Public Information Act.
[RT I, 29.12.2011, 138 - entry into force 01.01.2012]

Chapter 1 GENERAL PROVISIONS 

§ 1.  Establishment of register and official name of register

The Regulation established a database with the official name State Register of Granting International Protection (hereinafter register).
[RT I 2008, 36, 219 – entry into force 08.08.2008]

§ 2.  Objective of establishment and maintenance of register

The objective of the establishment and maintenance of the register is to process the personal data of the persons who have submitted an application for residence permit and received a residence permit on the basis of the Act on Granting International Protection to Aliens and data related to asylum proceedings or temporary protection proceedings conducted on the basis of t he said Act.

§ 3.  Chief processor and authorised processor of register

The chief processor of the register is the Ministry of the Interior (hereinafter chief processor) and authorised processors are the Police and Border Guard Board 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]

Chapter 2 Maintenance and composition of register, data to be entered in register and procedure for processing data 

§ 4.  Method of maintenance and composition of register

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

§ 5.  Cross-usage of data

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 state or local government databases and to receive data therefrom pursuant to agreements between the chief processors of databases concluded in accordance with the Government of the Republic Regulation No 331 of 19 December 2003, Implementation of Data Exchange Layer for Information Systems.

§ 6.  Protection of data in register

(1) The data in the register shall be protected:
1) in regards to availability, ensuring the availability of the data to persons authorised for that purpose;
2) in regards to integrity, excluding the unintentional or intentional alteration of the data;
3) in regards to confidentiality, ensuring the accessibility of the data only for authorised persons.
(2) For the purpose of ensuring the availability, integrity and confidentiality of the data in the register, appropriate organisational, physical and information technological security measures shall be applied.
(3) The security level of the data in the register is high (H) and the security classification of the register is K3T3S3.
[RT I 2008, 36, 219 – entry into force 08.08.2008]

§ 7.  Data concerning applicant for asylum

The following data shall be entered in the register concerning an applicant for asylum (hereinafter applicant):
1) personal data (given names, surnames and other names, which the applicant is using or has used, sex, date of birth, age, if the exact date of birth is not known, personal identification code of Estonia and the country of origin, if available, country of birth, marital status);
2) contact details of the applicant (postal address, telephone, e-mail address);
3) photo and specimen signature;
4) data gathered upon fingerprinting;
5) data obtained as a result of DNA tests;
6) citizenship, former citizenships;
7) height in centimetres and the colour of eyes and hair;
8) religion, nationality or membership in an ethnic group;
9) information on whether the applicant is of age and arrived in Estonia and is staying in Estonia alone, without a parent, guardian or other legal representative;
10) language skills;
11) data concerning the applicant’s education and last place of employment;
12) data describing the applicant’s life history;
13) data concerning personal identity documents;
14) data concerning the last place of residence in the country of origin;
15) data concerning the applicant’s arrival in Estonia and stay in Estonia, and relatives and acquaintances residing in Estonia;
16) data concerning the applicant’s departure from the country of origin, the travel route, stays and stops in other countries;
17) data concerning earlier asylum applications or other applications for protection;
18) data concerning the reasons for departure from the country of origin and application for residence permit, including the reasons, which prevent or may prevent the applicant’s return to the country of origin;
19) data concerning the applicant’s membership in organisations;
20) data concerning the applicant’s punishment pursuant to criminal procedure and punishment by imprisonment;
21) data concerning the applicant’s military service, including service as a professional member of the armed forces of a foreign state;
22) information on whether the applicant is or has been employed by or has cooperated with an intelligence or security service of any country;
23) information on whether the applicant has received special training or professional training in landing operations or in diversion or sabotage activities;
24) information concerning the applicant's participation in punitive operations against civil population;
25) information on whether the applicant has participated in military operations in the territory of other countries;
26) data concerning the applicant’s state of health and diseases, which the applicant has previously suffered from or is suffering from at the moment of application;
27) data concerning the documents and certificates annexed to the application or data concerning the absence thereof;
28) other information or remarks.

§ 8.  Data concerning the spouse or life partner and other family members of applicant for asylum

Upon application for asylum, the following data concerning the spouse or life partner and other family members of the applicant or notes concerning the absence thereof shall be entered in the register:
1) personal data of the spouse or life partner (given names, surnames, other names the applicant’s spouse or life partner uses or has used, sex, date of birth, age, if the exact date of birth is not known, Estonian personal identification code, if assigned, country of birth, citizenship, nationality or ethnic group, language skills, date of contraction of marriage or commencement of cohabitation, country of location, data concerning the submitted application for asylum and place of residence);
2) personal data of other family members (relation to the applicant, given names, surnames, sex, date of birth and death, age, if the exact date of birth is not known, country of birth, citizenship, marital status, number of children, country of location, submitted applications for asylum, place of residence).
[RT I 2009, 41, 277 – entry into force 30.07.2009]

§ 81.  Data concerning family members of alien who has been granted refugee status or subsidiary protection

(1) In regards to the family members of an alien who has been granted refugee status or subsidiary protection, the data listed in subsections 7(1) to 6), 8) to 15) and 17) to 28) shall be entered in the register.
(2) In addition to the data listed in subsection (1), the personal data of the spouse of the family member (given names, surnames, sex, date of birth, age, if the exact date of birth is not known, Estonian personal identification code, if assigned, country of birth, citizenship, date of contraction of marriage) or the personal data of another family member (relation to the applicant, given names, surnames, sex, date of birth, age, if the exact date of birth is not known, country of birth, citizenship) shall the entered in the register.
[RT I 2010, 45, 272 – entry into force 01.10.2010]

§ 9.  Data concerning asylum application proceedings

The following data concerning the application proceedings shall be additionally entered in the register:
1) data concerning the application (date and time of registration, application number, authority accepting the application);
2) data concerning the procedures conducted after the submission of the application for asylum;
3) data concerning the documents to be forwarded to the Police and Border Guard Board, if the application has been accepted on the border;
[RT I 2009, 65, 448 – entry into force 01.01.2010]
4) the given name and surname and contact details (postal address, contact telephone and e-mail address) of the applicant’s authorised representative, legal representative or another person present at the acceptance of the application;
5) the given name and surname and contact details (postal address, contact telephone and e-mail address) of the interpreter who participated in the acceptance of the application and data concerning the language mediated by the interpreter in the performance of the procedure;
6) the given name and surname and position of the official who completed and accepted the application;
7) data concerning the certificate of the applicant for asylum, the issue and revocation thereof;
8) data concerning the interview conducted with the applicant;
9) the given name and surname and contact details of the applicant’s representative, legal representative or another person present at the interview (postal address, contact telephone and e-mail address);
10) the given name and surname and contact details of the interpreter who participated in the interview (postal address, contact telephone and e-mail address) and data concerning the language mediated by the interpreter in the performance of the procedure;
11) data concerning the supervisory measures applied to the applicant;
12) data concerning the decisions and departure precepts of the Police and Border Guard Board; [RT I, 29.12.2011, 138 – entry into force 01.01.2012]
13) data concerning the appeal of the decision of the Police and Border Guard;
[RT I, 29.12.2011, 138 – entry into force 01.01.2012]
14) data concerning the appeal of a court decision;
15) data concerning the departure of the person from Estonia;
16) data concerning the transfer or acceptance of the person on the basis of an international agreement or the legal acts of the European Union.

§ 10.  Data concerning applicant for residence permit on basis of temporary protection

(1) In regards to an applicant for residence permit on the basis of temporary protection (hereinafter beneficiary of temporary protection), the data listed in subsections 7(1) to 3), 6) to 15) and 20) to 28) and 9(1), 3) to 6), 8) to 10) and 14) to 16) shall be entered in the register.
(2) In addition to the data specified in subsection (1), the following data shall be entered in the register concerning a beneficiary of temporary protection:
1) data concerning the date, on which the beneficiary of temporary protection left the country of origin;
2) personal data of the spouse or life partner (given names, surnames, other names the applicant’s spouse or life partner uses or has used, sex, date of birth, age, if the exact date of birth is not known, Estonian personal identification code, if assigned, country of birth, citizenship, nationality or ethnic group, language skills, date of contraction of marriage or commencement of cohabitation, country of location and place of residence);
3) personal data of other family members (relation to the beneficiary of temporary protection, given names, surnames, sex, date of birth and death, age, if the exact date of birth is not known age, if the exact date of birth is not known, country of birth, citizenship, marital status, number of children, country of location, place of residence).

§ 11.  Data concerning proceeding of application submitted on basis of temporary protection

The following data shall be additionally entered in the register concerning the proceeding of an application submitted on the basis of temporary protection:
1) data concerning the procedures conducted after the submission of the application submitted on the basis of temporary protection;
2) data concerning the issue of a certificate confirming the acceptance of the application for residence permit to the beneficiary of temporary protection;
3) data concerning the travel permit of the beneficiary of temporary protection to be transferred from Estonia to another European Union Member State;
4) data concerning the decision and departure precept of the Police and Border Guard Board;
[RT I 2009, 65, 448 – entry into force 01.01.2010]
5) data concerning the appeal of the decision of the Police and Border Guard Board.
[RT I 2009, 65, 448 – entry into force 01.01.2010]

§ 12.  Data concerning applicant for extension of residence permit and applicant for extension of residence permit of family member on basis of international protection, and application proceedings

[RT I 2010, 45, 272 – entry into force 01.10.2010]
(1) The following data shall be entered in the register concerning an applicant for extension of residence permit and an applicant for extension of residence permit of a family member on the basis of international protection:
[RT I 2010, 45, 272 – entry into force 01.10.2010]
1) personal data (given names, surnames, sex, date of birth, Estonian personal identification code, country of birth);
2) contact details of the applicant (postal address, telephone, e-mail address);
3) photo and specimen signature;
4) citizenship;
5) data concerning personal identity documents;
6) data concerning the circumstances related to international protection or the extension of the residence permit of a family member;
[RT I 2010, 45, 272 – entry into force 01.10.2010]
7) data concerning the applicant’s punishment pursuant to criminal procedure.
(2) The following data shall be entered in the register concerning the application proceedings:
1) data concerning the application (date of registration, application number);
2) the given name and surname and position of the official who accepted the application;
3) data concerning the decision and departure precept of the Police and Border Guard Board;
[RT I 2009, 65, 448 – entry into force 01.01.2010]
4) data concerning the appeal of the decision of the Police and Border Guard Board;
[RT I 2009, 65, 448 – entry into force 01.01.2010]
5) data concerning the appeal of the court decision.

§ 13.  Data concerning proceedings of application for work permit of applicant for asylum

(1) The personal data of the applicant for work permit shall be entered in the register (given names, surnames, date of birth, citizenship).
(2) The following data shall be additionally entered in the register concerning the proceedings of the application for work permit:
1) data concerning the application (date of registration, application number);
2) the given name and surname and position of the official who accepted the application;
3) data concerning the decision of the Police and Border Guard Board;
[RT I 2009, 65, 448 – entry into force 01.01.2010]
4) data concerning the appeal of the decision of the Police and Border Guard Board;
[RT I 2009, 65, 448 – entry into force 01.01.2010]
5) data concerning the appeal of the court decision.

§ 14.  Legal status of data

The data contained in the registry cards have informative meaning and the source documents contained in the procedural files have legal meaning.

Chapter 3 ENTRY OF DATA IN REGISTER 

§ 15.  Submitters of registry data

The following shall be considered as submitters of registry data:
1) an official of the authorised processor;
[ RT I, 29.12.2011, 138 – entry into force 01.01.2012 ]
2) the Ministry of Social Affairs, the reception centre of applicants for asylum and the primary reception centre;
3) detention institutions.
[RT I 2009, 65, 448 – entry into force 01.01.2010]

§ 16.  Source documents for entry of data in register

The following shall be considered as source documents:
1) a standard format application for asylum and residence permit, an application for residence permit on the basis of temporary protection, an application for extension of residence permit and an application for revocation of a residence permit granted on the basis of international protection or a residence permit of a family member, an application for work permit of an applicant for asylum and the documents annexed thereto;
[RT I 2010, 45, 272 – entry into force 01.10.2010]
2) an application for visa, issue, extension and revocation of residence and work permit, an application for entry of residence and work permit data in a foreign travel document and the documents annexed thereto;
3) A certificate issued by the Police and Border Guard Board concerning the identity documents, items or other documents and certificates deposited by the applicant;
[ RT I, 29.12.2011, 138 – entry into force 01.01.2012 ]
4) certificates and documents submitted by the applicant;
5) documents or other certificates submitted by another natural or legal person;
6) minutes of the interviews and other procedures conducted with the applicant;
7) documents submitted or prepared concerning the procedures deriving from an international agreement or the legal acts of the European Union;
8) the decision of the Council of the European Union and the Government of the Republic concerning the application of temporary protection and the decision of the Council of the European Union concerning the termination of temporary protection;
9) the decision of the Police and Border Guard Board concerning the application of supervisory measures and documents concerning the compliance with supervisory measures;
[RT I 2009, 65, 448 – entry into force 01.01.2010]
10) the permit issued to the applicant by the Police and Border Guard Board for residing outside the reception centre or at a place assigned by the Ministry of Social Affairs;
[RT I 2009, 65, 448 – entry into force 01.01.2010]
11) documents concerning the applicant’s stay in the offices of the Police and Border Guard Board, a detention institution or extradition centre;
[RT I 2009, 65, 448 – entry into force 01.01.2010]
12) an administrative act of the Police and Border Guard Board concerning the suspension or termination of proceedings of application for residence permit, rejection of application, issue of residence permit or refusal of issue of residence permit, revocation of residence permit and extension of residence permit and refusal of extension of residence permit;
[RT I 2010, 45, 272 – entry into force 01.10.2010]
13) [ repealed - RT I, 29.12.2011, 138 – entry into force01.01.2012] ];
14) documents concerning the appeal of the decisions of the Police and Border Guard Board;
[ [RT I, 29.12.2011, 138 – entry into force 01.01.2012] ]
15) an enforced court decision concerning the punishment of the person pursuant to criminal procedure;
16) documents concerning the departure of the alien from Estonia or compulsory execution of a precept;
17) documents concerning the alien’s settlement in a local government unit;
18) a notice from a vital statistics department or a local government concerning the death of the person;
19) an agreement between the Ministry of Social Affairs and a local government concerning the settlement of the refugee in a local government unit;
20) a personal identity document issued by the Republic of Estonia and a foreign state.

§ 17.  Entry of data in register

(1) The Police and Border Guard Board shall enter the data in a registry card on the workday following the acceptance of the data at the latest.
(2) If the Police and Border Guard Board accept an application in a language other than Estonian, the Police and Border Guard Board shall enter the data in a registry card on the workday following the translation thereof into Estonian at the latest.
(3) If the application was accepted at the border, the data is forwarded not later than on the following business day to an official authorised by the Police and Border Guard Board who enters the data into the registry card not later than on the business day following the day of acceptance of the data. [ RT I, 29.12.2011, 138 – entry into force 01.01.2012 ]

§ 18.  Ensuring correctness of registry data

The submitter of data shall be responsible for the correctness of the data submitted and contained in source documents at the time of submission of the source documents. The Police and Border Guard Board shall be responsible for the correspondence of the data entered in a registry card by the Police and Border Guard Board to the data submitted by the data submitter.
[RT I 2009, 65, 448 – entry into force 01.01.2010]

§ 19.  Correction of incorrect data

(1) If the Police and Border Guard Board discover incorrect data in the register or is informed by a data submitter of incorrect data in the register, the Police and Border Guard Board shall be obligated to correct the data in the register within three workdays from the day of learning of the incorrect data.
[RT I 2009, 65, 448 – entry into force 01.01.2010]
(2) [Repealed - RT I, 29.12.2011, 138 – entry into force 01.01.2012]
(3) The submitter of data shall forward to the authorised processor copies of the documents certifying the incorrectness of the data in the register. The copies used as bases for corrections shall be annexed to the procedural file.

Chapter 4 ACCESS TO DATA ENTERED IN REGISTER 

§ 20.  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.
[RT I 2010, 45, 272 – entry into force 01.10.2010]

§ 21.  Release of data from register

(1) Data shall be released from the register by fulfilment of a request for information in accordance with the Public Information Act or by responding to an enquiry.
(2) Data shall be released from the register to state and local government institutions, public legal persons and private legal persons, who are authorised processors of state or local government databases, if that is necessary for the performance of the duties assigned to them by law or the legal acts issued on the basis of law.
(3) Other data receivers shall be released data from the register on the basis of their request, provided that it does not contradict the law, legal acts and the provisions of this Regulation.
(4) The chief processor of the register shall decide the grant of access to data to third persons via a data communication link for ensuring the performance of the duties assigned to them by law.
(5) If necessary, an agreement for the protection of the released data shall be concluded with the data receiver, stipulating the composition of the released data, and the objective, terms and conditions, procedure and manner of release of the data.
(6) The data released from the register can be used only in accordance with the procedure prescribed by law or the legal acts issued on the basis of law, and by institutions only for the performance of the duties assigned to them by law or the legal acts issued on the basis of law. The fulfilment data protection requirements shall be ensured in using the released data.
(7) A data subject shall be entitled to receive all the data entered in the register concerning the data subject.

§ 22.  Forwarding of data to foreign state

The forwarding of the data gathered on an applicant to a foreign state is allowed for the performance of obligations arising from an international agreement or the European Union law, ensuring that the data is not delivered to the country of origin of the alien concerned, where the alien is threatened by the consequence specified in paragraph 4(5)2) of the Act of Granting International Protection to Aliens.

Chapter 5 ARCHIVING OF REGISTRY DATA, SUPERVISION OVER MAINTENANCE OF REGISTER, FINANCING AND LIQUIDATION OF REGISTER 

§ 23.  Archiving of data

(1) The archives shall consist of:
1) digital archives;
2) hard-copy archives.
(2) The archives shall be maintained by the Police and Border Guard Board. Archiving shall be performed on the basis of the Archives Act, the legal acts issued on the basis thereof and the archiving procedure established at the Police and Border Guard Board.
[RT I 2009, 65, 448 – entry into force 01.01.2010]

§ 24.  Supervision over maintenance of register

Data protection supervision shall be performed by the Data Protection Inspectorate. Data over the administration of the register shall be performed by the Ministry of Economic Affairs and Communications or an institutions authorised by the Minister of Economic Affairs and Communications in the area of government of the Ministry.
[RT I 2008, 36, 219 – entry into force 08.08.2008]
(2) The person authorised to perform supervision over the register shall have the right to review the data entered in the register and the source documents thereof, to enter the premises where the data is being processed or where the equipment used for processing the data is located, and to receive information from the authorised processor concerning the release and use of the data.
(3) Upon the discovery of deficiencies in the maintenance of the register, the authorised processor shall be obligated to eliminate the deficiencies indicated in the precept of the person performing supervision by the established term.

§ 25.  Financing of register

(1) 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.
(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.
[RT I 2010, 45, 272 – entry into force 01.10.2010]

§ 26.  Liquidation of register

Upon the liquidation of the database, a decision shall be made concerning 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.
[RT I 2008, 36, 219 – entry into force 08.08.2008]

Chapter 6 IMPLEMENTING PROVISIONS 

§ 27.  Data of State Refugee Register

The data of the State Refugee Register established on the basis of the Government of the Republic Regulation No 310 of 10 December 2003, Statutes for Maintenance of State Refugee Register shall be considered as the data of the State Register of Granting International Protection established on the basis of this Regulation.
§ 28.    [Omitted from this text.]

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