Statutes For Maintaining Of Database Of Aliens Staying Or Having Stayed In Estonia Illegally


Published: 2012-01-01

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Statutes for maintaining of database of aliens staying or having stayed in Estonia illegally

Passed 14.07.2010 Annex 23
RT I 2010, 61, 435
Entry into force 01.10.2010
Amended by the following legal instruments (show)

Passed
Published
Entry into force

09.11.2010
RT I, 25.11.2010, 3
01.01.2011

06.12.2010
RT I, 14.12.2010, 2
24.12.2010

22.12.2011
RT I, 29.12.2011, 72
01.01.2012

The Regulation is established on the basis of Subsection § 3314 (1) of the «Obligation to Leave and Prohibition on Entry Act».

Chapter 1 GENERAL PROVISIONS 

§ 1.  Title of database

The title of the database is “Database of aliens staying or having stayed in Estonia illegally“ (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 the authorised processors thereof are the Police and Border Guard Board and the information technology and development centre of the Ministry of the Interior (hereinafter authorised processor).
[RT I, 29.12.2011, 72 – entry into force 01.01.2012]

§ 3.  Purpose for maintaining of database

The purpose for maintaining the database is to ensure the public order and national security through processing of data pertaining to illegal stay of aliens in Estonia, and their performance of the obligation to leave Estonia.

Chapter 2 STRUCTURE OF DATABASE AND REQUIREMENTS SET TO MAINTAINING OF DATABASE 

§ 4.  Structure of database

(1) The database is maintained as a single-level computerised database and on paper as procedural files (hereinafter procedural file).
(2) The register comprises digital database cards (hereinafter database cards) and procedural files.

§ 5.  Protection of processed database data

(1) Appropriate organisational, physical and information technology security measures are applied to ensure the availability, integrity and confidentiality of the database data being processed.
(2) The security class of the processed database data is K1T2S2. The security level of the database data being processed is medium (M).

Chapter 3 DATA ENTERED IN DATABASE 

§ 6.  Data of alien staying or having stayed in Estonia illegally

(1) The following data on an alien staying or having stayed in Estonia without legal grounds (hereinafter alien) shall be entered in the database:
1) the personal data (given names, surname, former names, date of birth or personal identification code, place of birth, sex, citizenship);
2) the data about the place of residence in Estonia and the country of habitual residence;
3) the data about the criminal record, civil status, education and language skills;
4) information about the arrival in Estonia;
5) information about means of subsistence;
6) the signature;
7) a photograph enface, a photograph in profile, and a photograph of any distinguishing features of the alien;
8) the fingerprint images.
(2) The following data shall be entered in the database about the identity documents or other documents of the alien: the number and type of the document, the date of issue, the last date of validity, the name of the issuer and, in the case of depositing of the document, the date and place of depositing the document.
(3) The following data shall be entered in the database about the relatives, family members and dependents of the alien:
1) the personal data (given names, surname, date of birth or personal identification code, sex, citizenship);
2) the relationship;
3) the data about the place of residence in Estonia and the country of habitual residence.
(4) The following data shall be entered in the database about the alien’s representative:
1) the personal data (given name and surname, date of birth or personal identification code);
2) the data about the place of residence in Estonia.

§ 7.  Data related to misdemeanour proceedings conducted in respect of alien

The following data shall be entered in the database about any misdemeanour proceedings conducted in respect of the alien:
1) the date and place of conducting the misdemeanour proceedings, person rendering the award (given name and surname, position, authority);
2) the personal data of the person giving testimony (given name and surname or name of the legal person, data of birth or personal identification code and place of birth or registry code, citizenship);
3) information about the document of the person giving testimony;
4) information about the place of residence or location and workplace in Estonia;
5) information about the defence counsel and representative;
6) the basis for establishing the offence and imposing of the sanction, and the category of the sanction;
7) any mitigating and aggravating circumstances;
8) the date of receipt of the imposed pecuniary penalty;
9) the date, place of and grounds for termination of the misdemeanour proceedings;
10) information about filing the complaint;
11) information about appealing the award;
12) information about appealing the judgement.

§ 8.  Data related to precept

The following data shall be entered in the database about any precept issued to the alien:
1) the date and place of issuing the precept, person rendering the award (given name and surname, position, authority);
2) the type of precept;
3) the grounds for issuing the precept;
4) the deadline for complying with the precept;
41) information about the term of validity of the prohibition on entry applied by the precept, or non-application of prohibition on entry;
[RT I, 14.12.2010, 2 – entry into force on 24.12.2010]
5) the amount of the penalty payment imposed;
6) the surveillance measures applied;
7) the date of complying with the precept;
8) the date, place of and grounds for invalidation of the precept;
9) the date and grounds for invalidation of the application of surveillance measures;
10) information on appealing the precept;
11) information on appealing the judgement.

§ 9.  Data related to detention and expulsion of alien

The following data shall be entered in the database about detention and expulsion of the alien:
1) the date and place of detention;
2) the measures of restraint used upon detention, and reason thereof;
3) the effects taken away upon detention, incl. documents received for deposit;
4) the date of drawing up the report on detention, and of the decision on expulsion of the alien, and the person compiling the report (given name and surname, position, administrative agency);
5) the justification and legal grounds for expulsion;
6) the date of expulsion;
7) the date of the decision on non-application of expulsion, the person rendering the decision and the justification;
8) the date of the decision on suspension of expulsion, the person rendering the decision and the justification;
9) information on appealing the award;
10) information on appealing the judgement.

§ 10.  Data related to placing alien in expulsion centre

The following data shall be entered in the database about placing an alien in the expulsion centre:
1) the date of placement;
2) the name of the court rendering the judgement, and the number of the judgement or ruling;
3) the end date of detention;
4) information on appealing the judgement.

§ 11.  Data related to stay of alien in expulsion centre

(1) The following data shall be entered in the database about the stay of the alien in the expulsion centre: the date of extension of the stay of the alien in the expulsion centre, the end date of the extension, the data related to the court deciding on extension, and information on appealing the judgement.
(2) The following data shall be entered in the database about the alien:
1) the type and brief description of the distinguishing features;
2) the religious affiliation;
3) the data on the condition of health.
(3) The following data shall be entered in the database about the use of measures of security and restraint (hereinafter measures) in the expulsion centre:
1) the time of commencement and termination of application of the measure;
2) the person rendering the decision (given name and surname, position);
3) the type of measure;
4) information on contesting or appealing the decision;
5) information on appealing the judgement.
(4) The following data shall be entered in the database about the movement of the person being expelled:
1) the reason of absence from the expulsion centre;
2) the date of leaving the expulsion centre, the date of arrival at the destination and the date of return to the expulsion centre;
3) the data on the responsible person and the escorting person (given name and surname, position);
4) information on the weapons, special equipment and measures used;
5) information on the means of communication used (type of communication, telephone number, frequency, radio communication channel);
6) information on the means of transport used (make, type, registration number);
7) information about the itinerary.

§ 12.  Data related to release of alien from expulsion centre

The following data shall be entered in the database about releasing an alien from the expulsion centre:
1) the grounds for release;
2) the time of release;
3) the person rendering the award (given name and surname, position or the name of the court);
4) the information on contesting or appealing the decision;
5) the information on appealing the judgement.

§ 13.  Data related to costs subject to reimbursement connected with enforcement of obligation to leave and with detention in expulsion centre

The following data shall be entered in the database about the costs subject to reimbursement, connected with the enforcement of the obligation to leave and with detention in the expulsion centre:
1) the type of the act;
2) the grounds for rendering the award;
3) the number of days of stay in the expulsion centre;
4) the amount of the costs borne in connection with the detention in the expulsion centre in euros;
[RT I, 25.11.2010, 3 – entered into force on 01.01.2011]
5) the deadline for reimbursement of the costs, and the date of reimbursement of the costs in full;
6) the personal data of the person who invited the alien to Estonia (given name and surname or business name, date of birth or registration number);
7) the place of residence or seat in Estonia of the person who invited the alien to Estonia;
8) information on contesting or appealing the decision;
9) information on appealing the judgement.

§ 14.  Data related to enforcement procedure

The following data shall be entered in the database about the enforcement procedure:
1) information about the claimant;
2) the date of the decision, and the title of the decision;
3) the content and amount of the claim;
4) the data on the bailiff (given name and surname and address);
5) information on appealing the decision;
6) information on appealing the judgement.

Chapter 4 ENTERING OF DATA IN DATABASE 

§ 15.  Person submitting data

The person submitting data to the database is the alien and the authorised processor of the database.

§ 16.  Exchange of data between databases

For the purpose of performing the tasks assigned to the chief processor and the authorised processor of the database by law or legislation passed under the law, the chief processor and the authorised processor of the database has the right to make enquiries and receive data from databases of another state or a local government.

§ 17.  Source documents for entering data in database

(1) The source documents are:
1) the registration card of an alien staying or having stayed in Estonia illegally (appended to the Regulation);
3) the statement of identification of the person;
3) the precept on the recovery of costs connected with the enforcement of the obligation to leave and with detention in the expulsion centre, the precept to leave Estonia, and the percept to legalise the stay in Estonia;
4) the decision on revocation of the precept to leave Estonia and the precept to legalise the stay in Estonia;
5) the decision on cautioning, the decision made by expedited procedure, and the decision made by general procedure pertaining to a natural person and a legal person;
6) the minutes of interrogation of the natural person and the legal person;
7) the misdemeanour report prepared on the natural person and a legal person;
8) the ruling on termination of misdemeanour proceedings;
9) the report on detention of the person;
10) the decision on expulsion, the decision on suspension of expulsion;
11) the decision on non-application of the decision on expulsion;
12) the minutes of the proceedings of the enforcement act;
[RT I, 14.12.2010, 2 – entered into force on 24.12.2010]
13) the decision on application of surveillance measures, on application of measures of security and restraint, and the decision on revocation of the application of surveillance measures;
14) the permit to stay outside expulsion centre;
15) the decision on expelling from the expulsion centre;
16) the petition on initiating of the enforcement procedure (for collection of the penalty payment, for collection of the pecuniary penalty in the misdemeanour procedure, for recovery of costs);
17) the claim pertaining to the recoverable costs stemming from the enforcement of the obligation to leave and with detention in the expulsion centre;
18) the court judgements and court rulings;
19) the certificate evidencing of receiving the document for deposit;
10) the identity document of the alien;
21) other evidence and documents submitted.
(2) The registration card of an alien staying or having stayed in Estonia illegally shall be drawn up on every alien entered into the database.

§ 18.  Entering data in database

(1) Officials of the authorised processor are competent to enter data in the database to the extent that it is necessary for the performance of their service duties.
(2) The data on the alien and the acts performed in his or her respect shall be entered in the database:
1) simultaneously with issuing the precept to leave and with the precept to legalise or with conducting the misdemeanour procedure in respect of the alien;
2) at the latest within two days as of becoming aware of the decision on expulsion, or within two business days as of becoming aware of the leaving of the alien, in the case that the said alien had not been registered as an alien staying in Estonia illegally before passing the expulsion decision or before his or her departure;
3) at the latest within two business days as of placing the person being expelled in the expulsion centre, or of detention of the person being expelled, if the person being expelled had not been previously registered as an alien staying in Estonia illegally.
(3) The following data shall be preserved on the entry:
1) the given name and surname of the person making the entry;
2) the date and time of making the entry.

§ 19.  Ensuring accuracy of data

The person submitting the data shall be responsible for the accuracy of the data submitted by him or her, as well as for the accuracy of the data contained in the source documents at the time of submitting the source documents. The official of the chief processor or the authorised processor shall be responsible for the conformity of the data entered by him or her in the database card with the data submitted by the person.

§ 20.  Correcting of inaccurate data

If the authorised processor discovers any inaccurate data in the database, or if the authorised processor has been notified of the same, the authorised processor shall arrange the data to be corrected within three business days as of becoming aware of any inaccurate data, appending the document evidencing of the accurate data or a copy thereof to the database file, and making a notation in the database regarding the document constituting the basis for the correction, the time of making the correction, as well as on the official making the correction.

Chapter 5 ACCESS TO DATA ENTERED INTO DATABASE 

§ 21.  Access to data entered into database

(1) The data contained in the database represent restricted data, and are classified as information intended for internal use.
(2) Access to the data entered in the database shall be granted to officials of the chief processor and of the authorised processor to the extent that it is necessary for the performance of their service duties, and to the supervisory authority for performing their duties stemming from the law.
(3) Access to the database is provided to the employees of the information technology and development centre of the Ministry of the Interior to the extent that it is necessary for the performance of their job assignments.
(4) Access to the database is provided to the person developing or servicing the database within the scope and on terms and conditions set forth in the development or service contract.
(5) The chief processor of the database decides on providing third any person access to the database through a data interchange layer in the case that there are legitimate grounds for the same, and in compliance with the provisions of the “Public Information Act” and the “Personal Data Protection Act“. If necessary a contract shall be entered into with the recipient of data, which shall set out the composition of the data that access is provided to, and the legal grounds, purpose, terms and conditions, procedure and manner for providing access to the data.
(6) Access to the data via the data interchange layer shall be provided to third persons within the scope of technical capabilities to the extent that it does not prevent the performance of the tasks of the authorised processor.

§ 22.  Release of data from database

(1) The authorised processor shall release data to:
1) the data subject or his or her legal representative (personal data pertaining to the data subject);
2) third persons upon their written application, if there are grounds stemming directly from the law for releasing such data, and it is necessary for the said persons in order to perform their obligations imposed upon them by law.
(2) The authorised processor shall keep records on the time of entering of data in the database, on the time of releasing of data, on the composition of the data, the persons submitting the data, and the persons receiving the data.
(3) Data is released from the database free of charge.

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

§ 23.  Archiving of data

(1) Procedural files shall be archived, if:
1) the alien has departed from Estonia;
2) the alien has deceased;
3) the alien has complied with the precept, or the decision on his or her expulsion has been executed;
4) the precept or the decision on expulsion made in respect of the alien has been revoked.
(1) The authorised processor shall enter the data in the archive within two business days as of the receipt of the documentary evidence about the closure of the data.
(3) The authorised processor shall preserve the database cards and procedural files in accordance with the “Archives Act“ and the legislation passed thereunder, and following the procedure established by the authorised processor.

§ 24.  Supervision over maintenance of database

Supervision over the maintenance of the database is carried out in line with the “Personal Data Protection Act” and the “Public Information Act”.

§ 25.  Financing of database maintenance

(1) The servicing and the maintenance of the database are financed from the state budget out of the financial resources allocated for that purpose to the authorised processor and the information technology and development centre of the Ministry of the Interior.
(2) The database development is financed from the state budget out of the financial resources allocated to the chief processor and the authorised processor for that purpose.

§ 26.  Liquidation of database

Upon liquidation of the database the Government of the Republic shall decide on the transfer of the data to another database or the state archive, or on their being subject to destruction, and the deadline for transfer or destruction. The database shall be liquidated in accordance with the provisions of the “Archives Act” and the “Databases Act”.

Chapter 7 IMPLEMENTING PROVISION 

§ 27.  The Regulation shall enter into force on 1 October 2010.
Appendix Registration card on an alien staying or having stayed in Estonia illegally

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