Law 8/2007 of 17 may, regulating the Administrative identification number given that the General Council in its session of May 17, 2007 has approved the following: law 8/2007 of 17 may, regulating the Administrative identification number reason both from the Government and from the common, it has been confirmed, for a long time the need to unify the administrations identification number assigned to individuals by dealings with general or communal administration, in order to avoid confusion.
This is why, through this law, establishes a unique Administrative identification number (NIA) that serves both to identify individuals, either when they relate to the Government, either when they relate to any common. In this sense, it has also been thought appropriate that the NIA will serve to identify people when they interact with other organisms of public nature.
For this purpose it creates a unique Administrative identification Record (RIA) and the Office of Administrative Identification (OIA), a body attached to the Ministry in charge of the interior, which centralizes the management of the line and from that record.
In order to ensure the harmonious operation between all the administrations in relation to the management of this form of identification, the Advisory Commission of the Administrative identification Record, an advisory in nature with the participation of representatives of the Government and of the common, and make sure the access of all administrations in the register of Administrative Identification.
This law also provides for the way it has to request and assign the LINE, with the creation of a supporting document, the data must be stated and the cases of modification at the request of a party and of trade, and the field of presentation and use of the line.
Is planned, too, with the subsidiary character of law of protection of personal data, except for the rights of opposition and removal, to ensure the appropriate treatment in all cases not foreseen by this law.
Finally, regulate the regime of infractions and sanctions, as well as the transitional scheme of application of the regulations.
Article 1 Establishment and obligation of the Administrative identification number 1. The Administrative identification number (NIA) is an alphanumeric key that assigns the Government, through the Office of administrative and Identification in accordance with the procedure laid down in this law, all persons with legitimate interest that request.
2. all physical persons that are related to the Government, or with other official bodies or public entities, should indicate your LINE in the documentation addressed to the corresponding body, under the terms of article 10, together with the other personal information appropriate.
Are exempt from this obligation those who have diplomatic status in the Principality.
3. The NIA has permanent personal and is not transferable.
Article 2 Office of Administrative Identification 1. The Office of Administrative Identification (OIA) is an administrative body attached to the Ministry responsible for the basic purpose of which is to interior set LINE to people who request and take the registration Administrative identification.
2. The OIA is headed by a director appointed by the Minister responsible for the interior at the proposal of the Advisory Committee of the registry Administrative identification.
Article 3 of the Administrative identification Registry Advisory Committee 1. The Advisory Committee of the registry of identification is an organization of consultative character and deliberating with the participation of representatives of the Government and of the common and that has as its basic mission to issue advisory reports and not binding in cases and on matters provided for in this law, as well as to make the proposal to which it refers in article 2.2.
2. the Commission consists of six members, three representing the Government, appointed and dismissed by himself, and three on behalf of Commons.
The representatives of the Commons should be appointed according to a biannual turn rotating and you need to follow the traditional order.
3. The president of the Commission is appointed by the Government, and the Vice Presidency is exercised by a representative of the common.
4. the Commission decides by a majority of its members.
5. the Commission must issue reports and opinions provided this law within a maximum period of two months. In case of not issuing its report or opinion in this period, the procedure of approval of the standard or the corresponding performance follows its course.
6. the Commission must approve its internal rules of organization and operation.
Article 4 Administrative identification Record 1. The register of Administrative Identification (RIA) is the file where they gathered, systematized, try and keep the personal data collected for the purpose of assigning the NIA.
2. The identification Register is managed and maintained by the Office of Administrative Identification.
3. The head of the registry of identification is the director of OIA.
4. The register of Administrative Identification is governed by this law and by the rules dictated by your application and Additionally, by law 15/2003, of December 18, qualified personal data protection and the regulations that develop.
Article 5 application for LINE 1. The NIA the request directly the person are mentioned or his legal representative, or a duly accredited representative, any organ or administrative service of the Government or public service of Commons or directly to the Office of Administrative Identification.
2. All organs and administrative services public service of the Government and of the common, as well as the offices open to the public of the OIA, are required to have a publicly available standard forms of application for the line.
3. Once received the request and made the check of the identity of the person referred to in article 8.2, the body or the service you have received should be sent immediately to the OIA.
4. The transmissions and communications between the OIA and the recipient bodies and services of the applications of LINE has been made by the media that allow the maximum speed and, if possible, the immediacy.
Article 6 assignment of LINE 1. The OIA must map the NIA to the applicant at the most within the working day following the receipt of the application and shall communicate in such a way
to the interested party or his legal representative, if applicable.
2. The OIA must notify the NIA assigned directly to the person concerned or, where appropriate, through the administrative organ in front of which the said person has submitted the request.
3. The person in charge of the OIA can only refuse the application for the assignment of the nests in the following cases: a) lack in the request of any of the data that this law requires to make it b) lack of accreditation of the personal circumstances that must be stated in the application, by means of the corresponding documentation c) existence in the record of the administrative Identification of a LINE already assigned to the same person) formal defects in the application presented e) lack States of a legitimate interest.
4. The resolution denegatòria shall be communicated to the person concerned at the same time and by the same behaviours provided for the allocation of the LINE, with the warning of defects that motivate and the possibility, where appropriate, to amend them in the terms of the following section.
5. The defects indicated in letters a), b) and d) of paragraph 3 may be corrected by the person interested in the maximum period of 10 days from the notification of the resolution denegatòria, providing the data or the corresponding documents or correcting the defects warned directly in front the OIA.
The OIA must be resolved in the terms stipulated in paragraph 1.
6. After the deadline of amendment without which this has occurred, the application flags and is filed, without further formalities. The filing of an application does not prevent the same person can submit a new application for obtaining the line.
Article 7 verification of LINE 1. The OIA must issue immediately, and at the latest within a period of 10 days from the communication of the NIA, a document certifying the person interested. The characteristics of this document, which has as its sole purpose to prove the assignment of a particular LINE in a person, are established by the Government, with previous report of the Advisory Committee in accordance with article 3.
2. In case of loss or theft of the passport of the NIA, the OIA has to issue a copy, at the request of the person concerned and with prior accreditation of your personality by means of any of the documents set out in article 8.2.
3. The NIA, and in your case your proof does not constitute proof of the identity of any other individual circumstances of the person who uses or exhibits.
Article 8 necessary data and information for the LINE 1. To request and obtain the NIA have to contain the following personal data: name and surname, sex, place and date of birth.
2. At the time of the application for the LINE, the personal data that are made to appear are checked by the civil servant or the person responsible for the body or service which is presented the request, by means of the contribution of the passport or identity card or, failing that, the certification of birth. In the event that the request is made through a representative, you must provide, in addition, copies of the documents proving that will fix for regulation.
3. Any change of personal circumstances that may alter the data indicated in paragraph 1 shall be communicated to the OIA, directly or by means of the administrations and of the governing bodies and administrative services and in the manner to be determined by regulation. The NIA, in any case, should remain unchanged.
Article 9 communication of data from the registry of Administrative Identification 1. The Government, the communes and the other official institutions or public bodies to be determined by regulation have access to the register of Administrative Identification for the purpose of verifying the LINE of people who direct or with which they interact.
2. The Ministry responsible for the interior and the OIA must be put at the disposal of the bodies and the services that have access to the NIA are necessary means to facilitate the communication of the data more quickly and safely as possible.
Article 10 scope of presentation and use of LINE 1. The NIA is required and it is noted in all public documents and administrative procedures that initiate the individuals in front of the Government, or other official bodies or public entities.
2. If the person concerned to perform an action that requires state your LINE not in features, is required on the part of the staff member or the staff of the agency or entity before which intended to request it, under the terms of article 5.
In case of emergency and when the delay in obtaining the LINE can cause serious damage and difficult to repair to the person concerned, exceptionally, and once the request LINE, are accepted and processed the document or the request filed, stating that the person concerned is subject to allocation of the NIA. The person concerned must bring the LINE to the body which received the application or document within a maximum period of three days. Otherwise, the procedure initiated is declared conclús and filed.
3. The Government, the communes and the other agencies or entities do contain the LINE of natural persons involved in the proceedings, the proceedings and actions that affect them and in the communications of all kinds that are targeting.
Article 11 protection of personal data 1. Are expressly excluded the right to oppose deletion and regulated by law 15/2003, of December 18, qualified personal data protection, in relation to the data of the register of Administrative Identification set out in article 8.
2. The rights of access and information, rectification is exercised by the people interested in front of the OIA, as a body responsible for the register of Administrative Identification, in the terms established by law 15/2003, of December 18, qualified protection of personal data.
3. In the application form of the LINE is expressed, to comply with the right of information that have people interested, that: a) the data collected are integrated in the Administrative identification with the aim of facilitating the identification of the persons that are related to the Government, the communes and the Government agencies and public institutions determined by regulation b) in charge of your treatment is the OIA , which lists the email and postal addresses) and the personal data, including the NIA, may be reported to the administration of the State, the communal administration or the official bodies and public authorities
It has been determined by regulation, for the fulfilment of their purposes of) the interested parties have the right of access to their personal data and rectification, they can exercise to the OIA.
Article 12 Amendment of trade 1. The OIA can modify automatically the data about a person listed in the register of Administrative Identification when you have reliable knowledge of the variation.
2. Before proceeding to the modification of trade, is granted audience to the person concerned, which can make the allegations and the proposals they believe appropriate.
Article 13 administrative offences Are Offences: a) the communication of false information to get the LINE b) counterfeiting of the document certifying the LINE c) fraudulent use of the LINE or its supporting document.
Article 14 Sanctions 1. The offences set forth in article 13 are sanctioned with a fine of up to 300 euros.
2. The violations committed by those who have been sanctioned under this law in the three previous years are sanctioned with a fine of up to twice the amount set out in the previous section.
3. The authority to impose sanctions is the owner of the Ministry responsible for the interior.
First transitional provision is assimilated to the NIA are current personal identification numbers, known as census numbers, assigned to the time of entry into force of this law.
Should be sent by the Government, during the first month of life of the law, the OIA, entering in the register of Administrative Identification number and the data mentioned in article 8.1 and informs the persons concerned who have at their disposal the supporting document of the NIA. When these cannot be located, is sufficient communication through publication in the official bulletin of the Principality of Andorra.
If in the course of the introduction of data into the RIA will detect that the same person will have been assigned a variety of identification numbers, the OIA has to delete automatically the appropriate, once heard the person concerned. In the event that this cannot be located, or might not have been able to be heard on the three-month period after being requested to do so, the OIA cancels all the numbers except that he was assigned in the first place.
Second transitional provision The maximum period of issuance of the document certifying the NIA is a year from the entry into force of this law, for the identification numbers assigned to them beforehand.
Third transitional provision the administrative procedures in progress at the time of the entry into force of this law shall continue to process without that is required for people who are interested party to obtain or the presentation of the LINE in the terms provided for in this law.
First final provision the Government must approve the necessary regulations for the application of this law, after the report of the Advisory Committee of the registry to identify administrative, within a maximum period of three months from the entry into force.
Second final provision this law shall enter into force after six months of being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 17 May 2007 Joan Gabriel i Estany Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília Nicolas Sarkozy President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra