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Law 9/2007, Of May 17Th, [1]

Original Language Title: Llei 9/2007, del 17 de maig, del cens

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Law 9/2007, of May 17, of the census since the General Council in its session of May 17, 2007 has approved the following: Law 9/2007, of May 17, the preamble in article 4 of the law of delimitation of competences of the common, of 4 November 1993, that the competences of the common conformation , the control and the maintenance of the population register in the parish, in accordance with the General rules of national coordination.

Thus, from the year 1993 has seen the need to create the legal framework established by the national coordination of parish registers, the composition, the control and maintenance of which, to date, has taken over every common, in its sole discretion.

This law has the mandate of the qualified law of delimitation of competences of the common, and makes setting up the national census of population of the Principality of Andorra as an integrated system of all parish census, and the census is still a parish responsibility and continues to be managed by the corresponding common, but at the same time this management is done according to a common general rules , established in this law, and the advice of the census, as it allows us to channel the coordination in this field between the general administration and communal administrations.

The Board of the register, in its quality of coordinating body between the Government and the common, is integrated, peer of, by representatives of the two Governments, and it is necessary most to adopt agreements. However, in order not to block the procedures which request your opinion, it is anticipated that the president has the right to vote ruling in case of a tie, and also that in case you don't resolves to no sense within a certain period will follow the corresponding procedure without report. The law States that the Census Council approves and modifies its own internal rules of operation.

On the other hand, this law respects the provisions of the law on the protection of personal data, taking into account, however, the exceptions that this same law of protection of personal data provides for respect of the records you have rules of its own. And, in this regard, it should be noted that the rights of opposition and removal are excluded, and that the right of information, access and rectification must exercise in accordance with the provisions of its own and specific to the present law.

The entry in the parish register is proof of residence in the parish in which it is registered the person, but the situation of immigration of aliens, and their permanent residence and effective, which is credited in the manner that it has the law of immigration.

Establishes the obligation to register in the Census of the parish where it resides, and how they have to enroll people under the age of emancipades and not exempted from people, and also the registration of trade of people who do not do so voluntarily.

Also establish the cases in which it is originally from the low, both volunteer as ex officio, of the census, with the due guarantees for the people affected.

For the purposes of achieving that censuses reflect the reality of the resident population in each parish, and that personal data that appear to be true, it is planned, in addition to the communication of the same interest, communications of data from other agencies, and the changes of trade carried out by the same common-to safeguard the right to information and their allegation of the person concerned-; to this effect it is expected the practice of periodic revisions and field operations.

Is set, otherwise, the requirements of the data by common to other organisms, and also provides for the communication to the Andorran Agency of data protection, as well as the requirements that have to fulfill the cessions of data that are performed for statistical purposes.

Finally, it is expected the infractions and sanctions in the rules of the law.

The law also establishes a transitional regime to be applied to current parish census, particularly to debug the data that they contain, as well as the form and the deadline for the Constitution of the Council of the census.

Chapter first. General provisions Article 1 Purpose the purpose of this law is to regulate the training, maintenance and the effects of population census of the Principality of Andorra as a integrated system of parish census of population.

Article 2 the Census of population 1. The Census of population of the Principality of Andorra is the administrative registry containing the data of the people who reside in the territory of the parishes.

2. The population of the Principality of Andorra is formed from the parish registers.

Article 3 Competence 1. The parish registers the common form, in accordance with the provisions of this law.

2. The electoral lists are governed by the provisions of the law of the electoral system and the referendum, on 3 September 1993.

Article 4 effects of the registration 1. The registration of a person in the parish register, and the corresponding census certifications issued by common, constitute proof of their residence in the parish.

2. The situation of immigration of aliens in the Principality of Andorra, as well as their permanent residence and effective, is credited solely and exclusively in accordance with the provisions of the law of immigration, of 14 May 2002.

Article 5 Certifications 1. The Commons must issue the certifications you are interested request on their entry in the parish register.

2. when certificates are made contain census data in paragraphs) to h) of article 8, as well as the date and the authority or the officer that issued.

3. The voting certificates issued are considered a public document and attest to the data containing all the administrative effects that envisaged in this law.

Second chapter. Formation of population census Article 6 Obligation of registration 1. The people living in a parish have the obligation to register in the corresponding parish census.

2. residence is understood to mean, for the purposes of this law, which has a duration equal to or greater than 183 days in the year. In the case of residence in a number of parishes to bottom time, it is understood by the habitual residence that has a length greater than annual.

3. Without prejudice to that provided for in the preceding paragraph, the application form must be produced within a maximum period of 6 months from the start


of the residence in the parish, and you can get a certificate of registration from the first day of registration.

4. When a person will want to sign up to a common parish, when he lived previously in another Parish, must provide for this new registration a certificate of the common census of the parish of origin.

5. the non-emancipated minors and persons are exempted from the one who exercises parental authority, custody or guardianship, as appropriate, to the Census of the parish where they reside. If you lack an explicit statement, and for the purposes of the following article, it is understood that they have the same residence for people who depend on or, if applicable, their legal representatives.

6. Are excluded from the obligation to register in the Census of the parish where the persons referred to in article 4 of the law on immigration.

7. The request for registration is made by a nomenclature that are common to put at the disposal of the public, where the data referred to in article 8, and also the signature of the person concerned. This request for registration follows the model that approves the Census Board.

Article 7 registration of trade 1. The common high given ex officio in his parish census people in respect of which they have knowledge that reside in the parish and that does not include registered to your parish census.

2. Before giving the parish officio high on the electoral roll, the common communicated to the person concerned the fact that is not registered in the parish register, and the register voluntarily or to make allegations that believe necessary, within a period of one month. If the person concerned is voluntarily within this term, or proof that it does not have the obligation to be registered to your parish census, the common filed the transcript. If there is no voluntary registration, the common, after having consulted the Board of Census and of carrying out the checks they think appropriate, resolve ex officio the high of the person in question, without prejudice to the imposition of sanctions that can reciprocate.

3. In the case of minors and of persons exempted from, the communication is directed to their legal representatives.

Article 8 registration on the electoral roll Data include personal data, of the parish with mandatory: a) and last name b) sex c) place and date of birth of) e) nationality address f) administrative identification number g) high-date h) if applicable, date and address of the destination and source address) if applicable.

Article 9 of the register 1. The high of a person in a parish census involves the removal from the same person in the parish census where it was previously registered. The high has the following effects of the low of the parish of previous residence.

2. It also means the lower the registered person in the parish register, at the request of its own, the fact that the applicant ceases to reside in the parish in which it is registered.

3. In the event of a conflict between two common, in relation with the low and high resulting, decides the advice of the census.

4. in the event of death, the closest relatives, the heirs or the last legal representatives of the deceased must report this circumstance in common and applying to them low on your census, crediting it with a death certificate.

5. The common may order ex officio the downside to your parish census when the data that you are officially reported or to the information available, check that the registered person has left his residence in the parish.

6. To proceed with the download of the common Office informs the person concerned of the fact that that does not lie in the parish, and urges that make allegations in the period of one month. If the affected test your residence in the parish, the common filed the transcript. If there is no proof of residence, the local Council, after having consulted the Board of Census and of carrying out the checks they think appropriate, resolve ex officio of the person in question.

Article 10 Census Management 1. Management and custody of parish census corresponding to each common.

2. The management of the parish census is carried out by computer, according to the procedures and with the formats established by the Census Council, with the aim of ensuring their integration into the national census of population.

3. The common census sheets and files presented by interested parties to register and modify your census data.

Third chapter. Modification, review and verification of the population census Article 11 personal changes media 1. People registered in the parish register are required to communicate to the corresponding common any change in their personal circumstances that may affect census data.

To this end, the common provides a full nomenclature of modification of data, that the interested party returns duly signed.

2. For changes that affect the non-emancipated minors and persons exempted from, you need to stick to the provisions of article 6.5.

Article 12 communication of data from official bodies 1. The official bodies have the obligation to communicate to the common variations of census data required of people who are registered in the electoral register of the corresponding parish.

2. The regulations shall be determined, with a previous report of the Board of the register, the procedure of this data communication.

Article 13 amendment of census data 1. The Commons ordered the modification of census data of people who are registered to your parish census when it produces a variation of his personal circumstances, at the request of the interested party or ex officio, when they have reliable knowledge of this variation.

2. Before ordering the modification of trade of census data of a person, the common I communicated to this person, who within the period of a month can propose corrections or the corresponding variations. After this period, without the person concerned having made no demonstration, or when the common check that this demonstration does not conform to reality, the common sort of automatically changing nomenclature and notify the interested party.

Article 14 Review and debugging of data 1. The common, in accordance with the instructions of the Council of the census, do a general review of trade of census data of your parish census, and debug the errors detected.

2. When, as a result of this general review of trade, it has to be a modification of the census data of a person entered, it acts in the way indicated in the article 13, unless it's a simple deletion of records


identical duplicates, you don't need to notify the interested party.

3. Every 5 years, the common people in his parish Census reported registered census data that listed and put at your disposal census sheets to request the modification or rectification of your personal data.

Article 15 verification of data 1. The Commons can check at any time, by the media allowed in law, the accuracy of the census data of people registered in their respective parish Census and data that have been recorded are interested in the voting sheets, for the purposes of registration on the electoral roll or of modification of data.

2. the common, in accordance with the guidelines of the Council of the census, can organize field operations, with techniques of sampling and control, in order to check the suitability of the parish census with reality.

The fourth chapter. Access, communication and transfer of voting data Article 16 rights of access and rectification 1. Everyone can apply to the common of residence that the report on the data contained in the corresponding parish census.

2. all persons may apply for in the Commons the rectification of your personal data listed erroneously in the parish register. Before the amendment, the Commons can carry out the checks referred to in article 15.

Article 17 communications and data transfer 1. The data of parish Census reported common without prior written consent of those affected, the agencies that require it, when these data are necessary for the effective exercise of its functions and when the domicile or the residence is a relevant piece of information.

2. The sending of census information in the terms of the preceding paragraph must be communicated to the Andorran Agency of data protection, which should carry a specific record of these communications.

3. Any transfer or communication of data from the Census provided the first section has to adjust to the conditions and the procedure provided in the data protection legislation.

4. The body that receives a census data media cannot communicate or give them to any other organisation or body.

Article 18 right to information 1. Everyone has the right to ask for and receive information about communication or the transfer of census data.

2. The request for information should be directed to where it is registered or to the Andorran Agency of data protection.

Article 19 Transfer Statistics 1. The Commons can give census data in public or private bodies that have assigned functions statistics, and with this sole purpose.

2. The Census data provided for statistical purposes may only be the object of an aggregate, and in any case the result of the statistical exploitation cannot be presented in a way that will identify or may identify specific people.

3. All persons involved in the processing and the statistical exploitation of census data provided by the Commons are subject to duties of reservation and confidentiality established in article 20.

4. the information given to census statistical purposes cannot give, in any case, to another institution or body, public or private, although its function or purpose is also statistics.

5. The receipt of census information for statistical purposes is destroyed by the entity or body that has received, once carried out statistical operations that require, and in any case once completed statistical studies that have justified the transfer. In any case you can keep records or files with personal data that identifies or may identify people uniquely.

Article 20 Duty of confidentiality 1. Public officials and all the people involved in the process of collection, treatment and use of census data are required to keep secret the personal data referred to in the exercise of their function.

2. The duty of secrecy extends equally to all people, so incidental, or indirectly, involved in the census process or are, for any reason, knowledge of the personal data contained in the parish censuses.

3. The duty of confidentiality as established in the previous sections also will be maintained once the person must stop occupying the site or to perform the functions by virtue of which the known.

Article 21 application of the data protection legislation 1. On the whole not foreseen in this law applies supletòriament the law 15/2003, of December 18, qualified protection of personal data. The rights of access and information, rectification is exercised, with respect to the census, in the terms established by the above-mentioned law.

2. In relation to the data of parish census established in article 8, are expressly excluded the rights of opposition and removal governed by law 15/2003, of December 18, qualified protection of personal data.

Chapter five. National Population Census Council Article 22 functions and operation creates the Council of the national census of the population, which is the coordinating body between the Government and the communes on the Census of population, in accordance with the provisions of this law. The Census Council approves and modifies its own internal rules of operation.

Article 23 Composition 1. The Council is composed of: a) three representatives of the Government, appointed and dismissed by the Minister in charge of the interior.

b) three representatives of the Commons, who are the managers of the respective parish census.

2. The Presidency of the Council of the Census falls on one of the representatives of the common and the Secretariat in one of the Government representatives.

3. The Census Board adopts its resolutions and decisions by a majority of its members. In case of a tie, the president has the right to vote ruling.

4. the Board of the reports provided for in this law within a maximum period of 30 days since it is required for this purpose. If the report isn't delivered in this period, following the processing of the file.

Chapter six. Infractions and sanctions Article 24 Infringements 1. Constitute violations of minor character: a) not to register or not to register the people for which it is exercised parental authority, custody or guardianship, within the deadlines set in this law, after the request of the corresponding communication or common.

b) does not communicate to the common variations of your personal circumstances that must lead to a modification of the census data when there is no obligation to do so.

c) does not hold the appropriate diligence in the custody of census data, the


storage systems, processing and operation of the register and documents containing personal data.

2. Constitute violations of a serious character: a) Provide false information in the nomenclature, for the purposes of entry in the parish register or modification of census data.

b) use of the data disclosed or reported other than the purpose that has justified the transfer or communication.

c) make a use of the personal data provided for statistical purposes that do not follow the requirements laid down in article 19.

d) maintain a conduct manifestly and gravely negligent in the custody of census data, storage systems, exploitation and treatment of Census and documents containing personal data.

e) Transferred to another person, company or entity census data communicated or disclosed under this law.

f) Violate the duty of confidentiality on personal data set out in this law.

g) The reiteration of a classified as a minor infringement in a period of two years from the production of the first.

3. Constitute infringements of a very serious: a) The reiteration of a classified as a serious infringement within a period of three years from the production of the first, except in the case set forth in the letter g) of the above section.

Article 25 Sanctions 1. The minor offences are sanctioned with a fine of 30 to 90 euros.

2. serious offences are sanctioned with penalty of 91 to 300 euros.

3. very serious offences are sanctioned with a fine of 301 to 1,000 euros and, if necessary, with the closure of the activity and the closure of the company for a period of one month to two years.

4. The sanctions that have been imposed will graduate according to the following criteria: a) seriousness of the damages caused b) the number of people affected c) the benefits obtained by the unlawful conduct of) the reiteration of sancionables behaviour in the period of the five previous years.

Article 26 The sanctioning Powers impose sanctions for infringements of the common commit in their respective field of activity.

First transitional provision The Census Council has to meet for the first time within a maximum period of 6 months from the entry into force of this law. Exceptionally, in this first Board meeting attended by the representatives of all the common, and the only point on the agenda will be the appointment of the representatives of the Commons in the next few tips, as well as set the criteria for renewal.

Second transitional provision The Commons can give your parish census low duplicate registrations therein at the time of entry into force of the law. Before you sort of craft, the common has communicated the duplicity of registration to the person affected and you must provide a full census because there is stating the right data, in the period of one month. In case he does not produce a response from the affected party in this period, the orders of the oldest inscriptions or.

Third transitional provision people who at the time of entry into force of this law reside in a parish without being registered to your common you have to register in a maximum period of six months from the entry into force of the law.

Final provision this law shall enter into force at the end of 6 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.

Nicolas Sarkozy Joan Enric Vives SicĂ­lia and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra