Change Of The Registration Act Implementing Regulation - Meldev

Original Language Title: Änderung der Meldegesetz-Durchführungsverordnung - MeldeV

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50. Ordinance of the Federal Minister of the Interior, with which the Reporting Act-Implementing Regulation (Reporting V) is amended

On the basis of the Reporting Act 1991 (Reporting G), BGBl. No 9/1992, as last amended by the Federal Law BGBl. I n ° 52/2015, in accordance with § § 14 and 15 in agreement with the Federal Minister for Finance, the following is arranged:

The regulation of the Federal Minister of the Interior on the implementation of the Reporting Act (Reporting Act-Implementing Regulation-Reporting V), BGBl. II No 66/2002, as last amended by the BGBl Regulation. II No 65/2010, shall be amended as follows:

1. In Section 14 (1), the amount shall be: "1,000 €" by the amount "1.100 €" replaced.

2. In § 15 (1) the amount shall be "1 €" by the amount "1,10 €" replaced.

3. In Section 15 (2), the turn shall be "3 €" through the phrase "3,30 € to the operator" shall be replaced and the amount "1 €" by the amount "1,10 €" replaced.

4. § 15 (3) reads:

" (3) For reporting information pursuant to Section 18 (1) of the Reporting Act and Section 18 (1b) of the Reporting Act, which are granted under the use of the ZMR, administrative charges are to be paid in the amount of € 3.30. For confirmation of registration pursuant to § 19 of the Reporting Act, which are issued with the use of the ZMR, administrative charges are to be paid in the amount of 3 €. An administrative fee of € 3.30 is to be paid to the operator for a reporting information in accordance with Section 18 (1a) of the Reporting Act. "

5. In § 15 (5) the amount shall be "0.02 €" by the amount "0,04 €" replaced.

6. The following paragraph 6 is added to § 15:

" (6) If other persons entitled to a query are churches or religious communities recognised by law, the administrative levy referred to in paragraph 2 shall not apply if the respective church or religious community has an operator Lump sum paid. This amounts to 0.04 € per member of the respective church or religious community. The number of its members is to be made credible to the Federal Minister of the Interior by the respective church or religious community on the occasion of the announcement of the use of this option and subsequently in each case by 1 March. The calculated amount shall be paid for the first time three months after the start of the use and thereafter in the first quarter for the current calendar year. "

7. According to § 16, the following § § 17, 18 and 19 together with the heading are inserted:

" Change Service ZMR

§ 17. (1) A request according to § 16c Reporting G has to contain the number of personal data records of the respective data application. The request approved by the stock-number register authority shall be connected to the request for initial equipment with bPK.

(2) The amount of the cost statements to be paid for the connection and for the day-to-day operation depends on the number of personal data records of the participating data application and is:

1.

for connection to

a.

0-100,000 records

€ 3,000

b.

100.001-500,000 records

€ 4,000

c.

more than 500,000 records

€ 5,000

2.

for ongoing operations at

a.

0-100,000 records

€ 4,000/calendar year

b.

100.001-500,000 records

€ 11.000/calendar year

c.

more than 500,000 records

€ 21,000/calendar year

3.

for the delivery of the ZMR data in accordance with § 16c of the last sentence of the reporting unit, one cent per data set.

(3) The provision of information on changes in reporting data is made through the daily provision of a table on the changes made in the ZMR. This contains the encrypted area-specific person identifiers (bPK-ZP and bPK of the participating data application) of those records of the ZMR that have changed within the last day.

(4) The Federal Minister of the Interior may publish the technical specifications for the provision and use of the change service in a technical specifications description. The query of the changed records using the encrypted bPK-ZPs, as well as to ensure that a participating register is affected, has the after or family name within 14 days from the provision of the table in accordance with (3) shall be carried out in a request procedure in accordance with the technical specifications.

Logging out using the Citizen Card function

§ 18. (1) The declaration of full-year people from an accommodation (Section 4 (2a) of the Reporting Act) can be carried out using the Citizen Card function (Section 4 (1) E-GovG) in long-distance data traffic.

(2) After successful authentication of the person to be reported using the Citizen Card function, his upright residences are to be displayed in the course of a query in the ZMR in such a way that a residence or several residences can be selected. After the transmission of the selection by means of long-distance data traffic to the operator of the ZMR, the ZMR has to carry out the logins in the ZMR for the respective reporting authority and to communicate it.

(3) The operator has to confirm to the person who is subject to the notification of the (n) logout (s) either in the form of a copy of the total data record, or at the request of the reporting person in the form of a copy of the last modified reporting data, shall be provided with its official signature, in each case, by means of long-distance data traffic.

(4) The date to be determined in accordance with Section 4 (2a) of the Reporting Act, from which a logout can be made using the Citizen Card function in accordance with Section 4 (2a) of the Reporting Act, is 1 April 2016.

Tour of the guest directories

§ 19. (1) The accommodation establishment has to conduct guest directories according to § 10 Reporting G by means of automation-assisted data processing (electronic guest directory) or by the reporting authority of signed guest-directory-leaf collection.

(2) The submission of the data pursuant to § 5 (1) and (3) of the Reporting Act into an electronic guest directory pursuant to paragraph 1 shall be carried out upon receipt of the accommodation.

1.

the electronic detention of the document of the data processed for the reporting process, including the signature (electronic transfer by scanning), or

2.

electronic recording of the reporting data and acceptance of the electronically recorded signature, or

3.

Electronic insertion with qualified electronic signature.

(3) In respect of the content, entries in electronic guest directories shall be in accordance with the model of Appendix A (guest directory sheet). In addition, guest directory sheets as well as entries in electronic guest directories according to para. 2 have a running, non-modifiable numbering; according to the local demand, the text can also be written in a foreign language. .

(4) Where a list of guests is provided with support for automation, the holder of the accommodation establishment shall ensure that appropriate precautions are taken in accordance with the relevant state of the art in order to obtain access from unauthorized persons To prevent people or systems from using automation-supported data processing and viewing them. Automation supports processed data are to be stored for three years and may also be kept as long as this is necessary for the fulfilment of legal obligations. After that, they are to be deleted. § 14 DSG 2000 applies.

(5) If a guest directory is kept as a collection of guest-directory-leaf collection, the owner of the accommodation company shall be required to make provision for the fact that no other guest-directory leaf, filled out for third parties, is made available to the notifiers. Guest directory leaf collections shall be kept for three years from the date of the last registration and may also be kept as long as this is necessary for the fulfilment of legal obligations. Guest-directory sheets have to correspond to the model of Appendix A (guest-directory leaf), and a list corresponding to the contents of Appendix A can also be settled for passengers.

(6) The date to be determined in accordance with Section 23 (12) of the Reporting Act, from which guest directories are to be held in accordance with § 10 Reporting Act, is 1 April 2016. At this point in the accommodation facility existing guest sheets and electronic guest sheet collections that correspond to the Appendix B of the Reporting G in the version of the Federal Law BGBl I No. 50/2012 may be continued until 31 July 2017. "

8. § 17 is given the title § 20. The following paragraph 5 is added:

" (5) § § 14 Abs.1, 15, 18 and 19 together with headings in the version of the BGBl Regulation. II No 50/2016 as well as Annex A in the version of the BGBl Regulation. II No. 50/2016, enter into force with 1 April 2016. Section 17, as amended by the BGBl Regulation. II No. 50/2016, shall enter into force at the day following the event. "

9. A Appendix A is added "Guest Directory Sheet" , which corresponds to the attached pattern:

Mikl-Leitner