Civil Status Law Implementation Regulation 2013 - Pstg Dv 2013

Original Language Title: Personenstandsgesetz-Durchführungsverordnung 2013 – PStG-DV 2013

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324. Ordinance of the Federal Minister of the Interior on the implementation of the Personal Status Act 2013 (Personal Status Law-Implementing Regulation 2013-PStG-DV 2013)

On the basis of the Personal Status Act 2013 (PStG 2013), BGBl. I n ° 16/2013, is decreed, in agreement with the Federal Minister for Finance, with regard to the fixing of the costs for inquiries of the death data in accordance with § 44 (2) PStG 2013:

table of contents

Section 1
General

§ 1.

Characteristics of the status of persons

Section 2
Birth

§ 2.

Display and registration of birth

§ 3.

Instruction

§ 4.

Post-capture of data change

Section 3
Marriage and registered partnership

§ 5.

Procedures and re-registration at the time of marriage and the establishment of a registered partnership

§ 6.

Customer Template

§ 7.

Post-capture of data change

§ 8.

Instruction

§ 9.

Witnesses

Section 4
Death

§ 10.

Display and registration of death

Section 5
General provisions on entries

§ 11.

Translations and Transliterations

§ 12.

Academic degrees and standpoints

§ 13.

Customary spelling

§ 14.

Corrigendum

6.
Data security

§ 15.

Definitions

§ 16.

Responsible

§ 17.

Service providers

§ 18.

Data security measures

§ 19.

Access permission

§ 20.

Duty of obligation

§ 21.

Query authorization grant

§ 22.

Withdrawal of access permission or query authority

§ 23.

Access to rooms

§ 24.

Technical arrangements

§ 25.

Communications to the operator

§ 26.

Control by the operator

§ 27.

Documentation

Section 7
Documents, information, data transmission

§ 28.

Design of the documents

§ 29.

Appraisal and certification

§ 30.

Data collection and identification of the detection

§ 31.

Information

§ 32.

Collection of documents on the occasion of the exhibition of documents and on request of the person concerned

8. Section
Death Date Query

§ 33.

Query

§ 34.

Cost

Section 9

Closure and transitional provisions

§ 35.

Linguistic equality

§ 36.

References

§ 37.

Zu § 61 Abs. 4 PStG 2013

§ 38.

entry into force

Section 1

General

Characteristics of the status of persons

§ 1. The position of a person within the legal order within the meaning of Section 1 (1) of the Personal Status Act 2013-PStG 2013, BGBl. I n ° 16/2013, it follows in particular from the descent, the marriage of the parents, the election child (parents), the existence or non-existence of a marriage and the existence or non-existence of a registered partnership.

Section 2

Birth

Display and registration of birth

§ 2. (1) The forms referred to in Appendix 1 and 1a of this Regulation shall be used for the display of the birth according to § 9 (1), second sentence, PStG 2013. Annex 1a is to be transmitted to the Federal Statistical Office of Statistics Austria by the civil status authority. The display of the birth according to § 9 (1), first sentence, of the PStG 2013 has to comply with the contents of the provisions of Appendix 1 and 1a.

(2) The person responsible for the care and education shall submit no later than one week after the birth:

1.

the declaration of pre-naming;

2.

if the parents were not married, if the parents were not married, the mother's birth certificate and the mother's last marriage certificate in connection with § 144 (1) Z 1 of the General Civil Legal code-ABGB, JGS No 946/1811; if necessary, proof of dissolution or annulment of marriage or registered partnership;

3.

proof of the nationality of the parents;

4.

proof of the principal place of residence of the parents when they are resident abroad;

5.

the birth certificate, if the birth has not been indicated by the head of a hospital, the midwife or the doctor who has provided assistance at birth.

(3) An obligation to submit documents pursuant to paragraph 2 does not exist if the facts and legal relationships to be ordered by inspection in the Central Register of Personal Status (ZPR, § 44 PStG 2013), in the case of the issuing authority Civil status books or other registers available to the authorities, in particular in the Central Register of Melting (ZMR, § 16 of the Reporting Act 1991-Reporting G, BGBl. No. 9/1992) and in the Central Citizenship Register (ZSR, § 56a of the Staatsbürgerschaftsgesetz 1985-StbG, BGBl. No 311/1985).

(4) If the data required for the registration of the birth (§ 11 PStG 2013) cannot be sufficiently demonstrated by the documents referred to in paragraphs 2 and 3, the Authority shall demand further evidence.

(5) If it is not possible to obtain documents or only with considerable difficulties, it is necessary to make the necessary evidence available to them in a manner that is subject to an official request. Anyone who has the necessary documents or information shall be obliged to assist the Authority in doing so.

(6) If the religious confession has not already been announced on the display of the birth, the civil status authority shall draw attention to the possibility of voluntary announcement of the religious confession.

Instruction

§ 3. (1) The parents should be informed of the legislation on the name of their children. Child-name declarations are to be assessed and to be entered.

(2) The registration shall represent the status of persons at the time of birth.

Post-capture of data change

§ 4. (1) Changes in the status of the child or the nationality of the child (Section 11 (2) of the PStG 2013) shall be subject to the amendment of the procedure leading to the amendment of the proceedings.

(2) If no data are collected in the ZPR, the process-leading civil status authority shall inform the authority in which the birth book rests, to communicate in the way of the ZPR. This authority shall, as soon as possible and at the latest within a reasonable time limit with a view to the conclusion of the amendment member, collect the data necessary for the transfer of the change from the birth register in the ZPR. If the post-collection is completed, the tradesmen's authority shall carry out the registration.

(3) Changes in the status of a child belonging to the group of persons under Section 35 (2) of the PStG 2013, the birth of which has not been assessed by a national civil status authority, shall have the status of a person responsible for the proceedings to perform a registration pursuant to Section 36 (3) of the PStG 2013, according to any surveys carried out in the ZMR and in the ZSR.

Section 3

Marriage and registered partnership

Procedures and re-registration at the time of marriage and the establishment of a registered partnership

§ 5. (1) The civil status authority in which an application for marriage, on the issue of a certificate of marriage, on the grounds of a registered partnership or on the issue of a certificate of ability, a registered partnership, In accordance with § § 14 or 21 of the PStG 2013, the minutes have to be set up on the basis of surveys in the ZPR, ZMR and ZSR and the documents available to it. In so far as the birth book of the fiancée or the partnership advertiser is not covered by the ZPR, it has those authorities in which the birth books of the fiancé or the partnership advertiser reside, by means of the ZPR, on the application of the application. . They shall, as soon as possible and at the latest within a period appropriate to the conclusion of the procedure, have the data concerning the fiancée or the partnership advertisers necessary for the execution of the status of the person concerned. to the birth book.

(2) In the case of the existence of prior or previous registered partnerships, the civil status authority in which the birth book rests shall inform the authority in whose books the last marriage or registered partnership is registered. , which shall be deemed to have been possible, but at the latest within a period reasonable in view of the conclusion of the procedure, of the data of the last marriage or of the last marriage, which are necessary for the purpose of carrying out the event. partnership.

(3) If the birth of a fiancé belonging to the group of persons under Section 35 (2) of the PStG 2013 has not been assessed by a domestic civil status authority, the trader's authority has to be based on the basis of preferred civil status documents and if necessary according to surveys in the ZMR and in the ZSR an entry in accordance with § 36 para. 3 PStG 2013. If the birth of a partnership agent belonging to the group of persons under Section 35 (2) of the PStG 2013 has not been assessed by a national civil status authority, the district administrative authority shall require the person concerned to make an entry (§ 36 para. 3 PStG 2013).

(4) It shall be possible to refrain from proceedings pursuant to para. 1 to 3 before the marriage or the establishment of a registered partnership if:

1.

the person concerned has made it credible that circumstances which are particularly sensitive to consideration are available;

2.

the data required for the determination of the empower or ability to establish a registered partnership shall be available to the procedural authority.

Customer Template

§ 6. (1) A fiancée or a partnership advertiser with an Austrian Staff Regulations shall be required to submit a registered partnership in order to assess their validity or their ability to establish a registered partnership:

1.

if their birth is not domesticated or registered in the country, a document corresponding to a copy from the birth register;

2.

proof of nationality;

3.

if the main residence is located abroad, proof of the main residence;

4.

if they are limited to business or are not formerly used, other than the documents listed in Z 1 to 3:

a)

Fiancée between the 16. and 18. Year of life, the court decision on the marriage statement,

b)

Underage fiancée the consent of the legal representative and the person who is responsible for the care and upbringing or the court order with which the consent is replaced,

c)

Fiancée or partnership advertisers who have effectively appointed a representative in Austria or from the authorities of their habitual residence, their consent or the court order with which the consent is to be replaced;

5.

if they were already married or in a registered partnership, the marriage certificate of the last marriage or the partnership certificate of the last registered partnership, as well as the proof of their dissolution or Annulment; in the case of a foreign decision on its dissolution or annulment, the judicial decision on recognition provided with the confirmation of the law, provided that the Brussels IIa Regulation is not applicable, or the foreign marriage decision can be recognised as being incident;

6.

at the request of further documents or evidence, if this is the case for the assessment of the empower or the ability to establish a registered partnership, or for entries in the ZPR in connection with the marriage or the justification of a registered partnership.

(2) In addition to the documents referred to in section 1 (1) to (3) and (5), fiancée or partnership advertisers whose staff regulations are not Austrian law shall be required to submit:

1.

confirmation of their ability to work or of their ability to establish a registered partnership;

2.

further documents required for the marriage or the establishment of a registered partnership shall be required in accordance with the law applicable to them on the basis of their staff regulations.

(3) An obligation to submit documents pursuant to paragraphs 1 and 2 shall not exist if the facts and legal relationships to be ordered are to be presented by inspection in the ZPR, in the civil status books located with the issuing authority or in other cases Authorities at the disposal of the public authorities.

Post-capture of data change

§ 7. (1) Changes in the status of the spouse (Section 20 (3) of the PStG 2013) or of the registered partner (Section 27 (2) of the PStG 2013) shall be subject to the amendment of the procedure leading to the amendment of the procedure by the procedure leading to the proceedings.

(2) If no data are collected in the ZPR, the process-leading civil status authority shall inform the authority in which the Ehebuch or partnership book rests, to communicate in the way of the ZPR. This authority shall, as soon as possible and at the latest within a reasonable time limit with a view to the conclusion of the amendment, have the data necessary for the transfer of the amendment from the Ehebuch or the partnership book in the Collect ZPR. If the post-collection is completed, the tradesmen's authority shall carry out the registration.

(3) Changes in the status of a spouse or registered partner belonging to the group of persons under Section 35 (2) of the PStG 2013, and the marriage or registered partnership has not been changed to a national civil status authority In accordance with § 36 (3) of the PStG 2013, the process-leading civil authority has to be registered in accordance with § 36 (3) of the PStG 2013 on the basis of any existing civil status documents and according to surveys in the ZMR and in the ZSR.

Instruction

§ 8. (1) The fiancée shall be informed of the legislation relating to its name management. Voluntary declarations are to be assessed and to be entered.

(2) A minutes shall be recorded on the oral proceedings, all of which shall contain the information required for the determination of the paralytic nature or the ability to establish a registered partnership.

(3) The civil status authority must point out that the registration of the religious confession is carried out on the basis of voluntary disclosure.

Witnesses

§ 9. Witnesses must be at least 18 years of age, the language in which the marriage or the establishment of the registered partnership is to be held, understood and manifestly capable, in relation to the marriage or justification of the registered partnership, To deposit a certificate.

Section 4

Death

Display and registration of death

§ 10. (1) The technical requirements for the display of the death in long-distance traffic are not available (Section 28 (1), second sentence, PStG 2013), the forms set out in Appendix 2 and 2a, for the indication of the birth of a dead-born child, are the forms after Appendix 3 and 3a. On the basis of the display, the civil status authority at the place of death shall include the relevant data in the ZPR without delay, but at the latest on the following working day. The facilities 2a and 3a are to be transmitted to the Federal Statistical Office in Austria by the competent authority of the civil service in accordance with § 28 (1), second sentence, PStG 2013.

(2) To be submitted for the registration of the death:

1.

the birth certificate;

2.

the marriage certificate of the last marriage or of the partnership instrument of the last registered partnership, provided that there is a marriage, prior, registered partnership or prior registered partnership; if necessary, proof of the Dissolution of the marriage or of the registered partnership;

3.

the proof of nationality;

4.

proof of the last principal place of residence in the country of residence abroad;

5.

the death confirmation, if death has not been indicated by the head of a hospital.

(3) For the registration of the stillbirth:

1.

the marriage certificate or the partnership certificate of the parents as well as the last marriage certificate of the mother in connection with § 144 para. 1 Z 1 second case of the General Civil Code-ABGB, JGS No. 946/1811, if a marriage or a before marriage , where appropriate, proof of the dissolution or annulment of the marriage or registered partnership;

2.

proof of the principal place of residence of the parents (mother) of residence abroad;

3.

the confirmation of birth and the confirmation of death if the stillbirth has not been indicated by the head of a hospital.

(4) There is no obligation to submit documents pursuant to para. 2 and 3 if the facts and legal relationships to be proved by inspection in the ZPR, in the civil status books located with the issuing authority or in other cases Authorities at the disposal of the public authorities.

(5) § 2 (4) and (5) shall apply mutatily.

Section 5

General provisions on entries

Translations and Transliterations

§ 11. (1) If a foreign-language certificate is to be entered, the party shall submit a translation prepared by a court interpreter or translator who is generally used by court. If there are doubts as to the accuracy of the translation, the submission of one by one in the court interpreters list (§ 2 para. 1 of the Expert and Interpreting Act-SDG,
BGBl. No 137/1975), registered person is to be applied. If the service is not subject to a party, the civil status authority shall have the translation itself made. Those in the People's Group Act-VoGrG, BGBl. No 396/1976, without prejudice to the specific provisions for the translation of documents drawn up in the language of the ethnic group, as laid down in the implementing rules.

(2) If the foreign-language certificate is written in Latin or in the earlier common German script, a translation may be waived if the data relevant for the registration are also comprehensible without translation, or if the registry officer adequately controls the foreign language.

(3) If it is registered on the basis of a document which contains names of persons or places in Latin or in the earlier common German script, the names must be reproduced in a manner which is true to the letter and character. If a former German character does not correspond to a Latin, a transliteration shall be made.

(4) In the case of a translation pursuant to paragraph 1, in the case of inconsistencies or in case of doubt, a transliteration shall be carried out in accordance with the following standards:

1.

ISO/R 9 (Cyrillisch-Latin);

2.

ISO/R 233 (Arabic-Latin);

3.

ISO/R 259 (Hebrew-Latin);

4.

ISO/R 843 (Greek-Latin).

(5) In the case of registration, UTF 8 compliant signs shall be used.

Academic degrees and standpoints

§ 12. (1) Where a recognised national post-secondary educational institution, a recognised post-secondary institution of a Member State of the European Union or a contracting party to the Agreement on the European Economic Area, any academic degree awarded or equivalent to a bilateral agreement shall be taken in abbreviated form. If there is no abbreviated form in the lending certificate, the registration shall be made in a suitable abbreviated form. Stand designations may only be registered if there is a separate legal basis for this.

(2) For the registration of an academic degree or a professional title, it is sufficient to submit a national civil status certificate, to which the academic degree or the name of the stand has been registered. In case of doubt, the presentation of the rental certificate may be required.

(3) If a foreign academic degree has been nostrified in Austria, only the Austrian academic degree referred to in the corresponding communication shall be entered.

Customary spelling

§ 13. (1) An application pursuant to § 38 (4) and (5) of the PStG 2013 shall be connected:

1.

Proof of belonging to the group of persons of § 35 para. 2 PStG 2013;

2.

proof that a spelling deviating from the legitimate family name or surname or first name has become common;

3.

where appropriate, the consent of the other spouse.

(2) An obligation to submit documents pursuant to paragraph 1 does not exist if the facts and legal relationships to be proved by inspection in the ZPR, in the civil status books in the issuing authority or in other the authorities for the purposes of Available registers can be detected.

(3) In the case of evidence pursuant to paragraph 1 (2), all public documents issued by the national authorities are eligible, such as certificates of citizenship, passports, home notes, school certificates.

(4) After completion of his request, the name carrier shall be informed that the written form requested shall be valid in the future for any further entries which he/she, including his/her spouse, and who are currently in the To deal with his application for minor children.

Corrigendum

§ 14. If a request for correction pursuant to section 42 (3) of the PStG 2013 is not granted, it is to be agreed with the decision.

6.

Data security

Definitions

§ 15. (1) If queries or accesses to the ZPR do not occur in the way of the portal association, the § § 15 para. 2, 16 to 27 shall apply.

(2) For the purposes of this Regulation, the ZPR shall:

1.

Operator: the Federal Minister of the Interior,

2.

Persons entitled to inquiry: persons to whom, pursuant to § § 44 (2), 47 and 48 of the PStG 2013, a query possibility was granted from the ZPR in the long-distance traffic,

3.

Authorized persons: People to whom physical access to the data processed in the ZPR has been granted.

Responsible

§ 16. (1) The operator shall designate at least one person responsible for the data security measures in the context of the data processing for the ZPR to the operator.

(2) As the person responsible, service providers can also be used and named.

Service providers

§ 17. If civil status authorities or persons entitled to a query for the purposes of data traffic use the ZPR of a service provider, they shall comply with all the provisions of data protection law and in order to take the necessary measures to ensure that the data provided by this Regulation is complied with. Committing data security measures.

Data security measures

§ 18. (1) The controller named in accordance with § 16 shall organise the protection of personal data and the necessary data security measures in accordance with the respective state of the art and the organisational possibilities, and . In particular, it shall define the responsibilities and rules for the management of the programme for the ZPR or for the query from the ZPR in its area, as well as the conditions for the physical access to the data of the ZPR in its Competence to be created.

(2) Records shall be kept on the data security measures taken to keep at least three and no more than six years after the expiry of the validity of the data security measures.

Access permission

§ 19. (1) Insofar as the operator is not authorized by the operator to grant access rights in accordance with § 16, these shall be forgiven by the operator; the authorization may be bound to the fulfilment of conditions and conditions.

(2) If the person responsible has been authorized to grant access rights in accordance with paragraph 1, he shall assign the access rights for the ZPR to the individual access authorized persons individually for his area of responsibility and to the To allow operators, on request, access to directories of authorized persons by long-distance data traffic.

Duty of obligation

§ 20. Person-level authorities and persons entitled to query have to ensure that access to the ZPR is effected only if the persons entitled to access the ZPR are informed of the provisions according to § 15 of the Data Protection Act 2000-DSG 2000, BGBl. I n ° 165/1999, and the contents of this Regulation.

Query authorization grant

§ 21. A request for the granting of a query authorization shall be sent by the controller to the operator. This request shall contain the indication that the requested body agrees to the necessary technical and organisational requirements of the operator for the granting of a query authorization.

Withdrawal of access permission or query authority

§ 22. (1) Authorized persons shall be excluded from further use on a permanent basis or for a certain period of time from the exercise of their right of access by the designated person responsible for further use, if:

1.

they no longer need them to carry out the tasks assigned to them, or

2.

they do not use the data in accordance with the relevant provisions for the operation of the ZPR.

(2) Under the conditions set out in paragraph 1 (1) (2), the operator may also exclude an authorized person from the further use or order it.

(3) The opening of the query authorization in the ZPR is to be prevented by the Federal Minister of the Interior, if:

1.

the conditions under which the query authority has been granted are no longer available;

2.

has been infringed against data security measures pursuant to Section 47 (4) of the PStG 2013; or

3.

is expressly waived.

Access to rooms

§ 23. (1) Personal status authorities and persons entitled to the query shall, through organisational and technical arrangements, ensure that access to rooms in which an access to the ZPR is available is in principle only on their behalf. It is possible.

(2) If it is necessary for party traffic to take place in rooms with an access possibility to the ZPR, it is in any case necessary to ensure that an inspection of the data of the ZPR by outsiders is not possible.

(3) The members of the data protection authority, the data protection council and the operator shall be granted access after the performance of the assignment, provided that they are acting on the service contract. On request, the information required for the performance of such requests shall be provided.

Technical arrangements

§ 24. (1) Only devices which communicate for this purpose via a protocol recognized by the operator may be used for establishing a connection to the ZPR. In addition, civil service authorities have to use a protocol made available by the operator. Instead of workplace systems, a protocol recognised by the operator may also authenticate a gateway system which is at the disposal of the user or of a service provider entrusted by it; such a system may be used for the authentication of a computer. Authentication without a workplace certificate is only permissible if, in the area of the gateway operator, between the gateway operator and the terminal equipment that accesses it, the operator is considered to be secure connections, such as in the case of an operator. closed network is the case.

(2) It is necessary to ensure that access to the ZPR is only possible after appropriate identification of the access authorized. In any case, passwords must be kept secret and must be changed at periodic intervals in accordance with the technical possibilities.

(3) If a device that allows access to the ZPR is removed from the previous work area, it must be ensured that unauthorized use is excluded; in particular, the certificate, if any, installed on the respective device is not possible. to remove.

(4) In addition, it must be ensured that, in accordance with the operator's specifications, appropriate precautions are taken to ensure the destruction or alteration of the data as well as a query from the ZPR by means of Prevent access by unauthorised persons or systems.

Communications to the operator

§ 25. The operator must immediately inform the operator of the status of the operator:

1.

changes in the area of the personnel authorised to access the ZPR (including changes in accordance with § 22), unless they have been granted access to them in accordance with § 19;

2.

the use, change or withdrawal of a service provider;

3.

the occurrence of program disruptions that may endanger the data set.

Control by the operator

§ 26. The operator, in cooperation with the civil authority, may check by spot checks whether the use of the data of the ZPR has been carried out in accordance with the relevant provisions and the necessary data security measures have been taken .

Documentation

§ 27. In so far as the data processing itself or any reference to the ZPR related to the data traffic does not result in the readability of the uses, records shall be kept which are the admissibility of the actual uses of the data. in the area of the ZPR, make verifiable use of the necessary level of use.

Section 7

Documents, information, data transmission

Design of the documents

§ 28. (1) Personal status documents shall be issued in accordance with the model of Appendices 4, 5 and 5a (birth certificate), 6, 6a, 6b, 6c (marriage certificate), 7, 7a, 7b, 7c (partnership certificate), 8 and 8a (death certificate) and 9 and 9a (to stillbirths). In accordance with the technical possibilities, a schematic diagram of the Federal Adler is printed.

(2) Personal status documents pursuant to § 53 (5) PStG 2013 shall be issued on white paper with a minimum weight of 100g/m2, the Arial font, the official seal, the name and the signature.

(3) The obligation arising from intergovernmental agreements to use forms provided for therein shall not be affected by paragraph 1.

(4) Confirmations about the existence or non-existence of a marriage as well as the existence or non-existence of a registered partnership according to § 58 PStG 2013 have to correspond to the model of the Appendix 10.

Appraisal and certification

§ 29. (1) In the case of the certification of a document pursuant to § 53 (6) of the PStG 2013 by the District Administrative Authority or the transfer approval by the Governor of the State, the authenticity of the signature and the official seal of the authority issued by the certificate or certificate shall be the authenticity of the document. has been certified as well as the property of the signatory.

(2) The registration of a pending ineffectual paternity recognition (Section 147 (1) of the Civil Code) shall be effected by that authority which has received the last of the necessary declarations of consent.

Data collection and identification of the detection

§ 30. (1) Only registered persons shall be used for the electronic recording of records in the ZPR, which are already in the form of personal records.

(2) If the post-registration of a civil status book is completed, this shall be recorded in a suitable form.

Information

§ 31. (1) Persons whose status is affected by the registration (Section 52 (1) (1) of the PStG 2013) and who can therefore request information on registration are, in any case, the spouse, the registered partner, the ancestors and the offspring of the Person to which the registration relates.

(2) If it is made credible that an interest worthy of protection, such as a danger to life, health or freedom, is contrary to an information to a person belonging to the group of persons pursuant to section 52 (1) of the PStG 2013, the civil status authority shall: to keep this evident. An information to this person is to be limited to those data with regard to which there is no protection worthy of interest.

(3) However, information should be provided in full if the person belonging to the group of persons in Section 52 (1) of the PStG 2013 proves that an interest worthy of protection is not present or no longer exists. In this case, before issuing the information, the civil authority has to inform the person who has made a credible interest and to give it an opportunity to express its views.

Collection of documents on the occasion of the exhibition of documents and on request of the person concerned

§ 32. (1) If the exhibition of a document (§ 53 PStG 2013) or a partial exposition (§ 58 paragraph 1 Z 1 PStG 2013) is requested and no data record is available in the ZPR, the dealt authority has the authority of the civil status authority in the way of the ZPR , in which the civil status book necessary for the exhibition of the document rests. This has to be recorded as soon as possible, but at the latest within 14 days from the date of notification of the data from the book.

(2) If the exhibition of a total train (§ 58 paragraph 1 Z 2 PStG 2013) is requested and no data record is available in the ZPR, the dealt authority has to communicate in the way of the ZPR that civil status authority, in which the birth book . As soon as possible and at the latest within 14 days from the date of notification, the person concerned shall record all data relating to the data subject from the birth register. In the event of the existence of prior or previous registered partnerships, the civil status authority in which the birth book rests has to communicate that authority by means of the ZPR, in the books of which the last marriage or registered partnership is entered as soon as possible, but at the latest within 14 days from the date of notification, of all the data of the last marriage or registered partnership.

(3) Insofar as a person requires a re-registration (Section 61 (2), third sentence, PStG 2013), it is necessary to act within the meaning of paragraph 2. If a re-registration is required on the occasion of a marriage or establishment of a registered partnership, the re-registration must be carried out immediately.

(4) In addition to the last marriage or the last registered partnership, it is necessary to trace only upon request.

8. Section

Death Date Query

Query

§ 33. (1) To the extent that a person who has died after 1 November 2013 can be clearly determined by name or an additional feature, such as the date of birth, is to be informed of the date and place of death:

1.

any person by the authority of the person, on request, against proof of identity;

2.

each person in accordance with the technical possibilities in the long-distance traffic using the citizen card (§ § 4 et seq. of the eGovernment Act-E-GovG, BGBl. I No 10/2004);

3.

in accordance with the technical possibilities, the persons entitled to interrogation in the ZMR according to § 16a (5) of the Reporting Act;

4.

which, in accordance with the technical possibilities, other persons who are entitled to request a query

(2) Persons referred to in paragraph 1 (4) shall send an application to the operator by the person responsible. This request shall contain the indication that the requested body agrees to the necessary technical and organisational requirements of the operator for the granting of a query authorization. In addition, it is necessary to prove that the applicant is entitled to the processing of personal data.

(3) In the case of a query in accordance with paragraph 1, the person wanted in the ZPR does not appear to be deceased, the information shall read: "There is no death data on the Gesuchte (s)." If the information of the person who carried out the query is on more than one data record in the ZPR, the information of the civil authority has to be read: " As a result of the information on the identity, the Gesuchte cannot be clearly determined; it can be no information is given. "

(4) In the case of a query by the interrogated persons referred to in paragraph 1 (1) to (4), the date of birth shall be used as an interrogation criterion in addition to the names of the persons referred to in paragraph 1 (1) to the conclusion of In the case of queries of the interrogated persons referred to in paragraphs 1 Z 2 and 3, a request can also be made without entering a date of birth, if the voice can first be clearly determined by a query in the ZMR.

(5) Records where the post-collection has not yet been completed shall not be taken into account in this search. Until the end of the investigation, the following statement shall contain the following information: "This information does not contain any records that have not yet been fully recorded."

Cost

§ 34. (1) For information of the death data from the ZPR according to § 33 (1) Z 1 to 4, EUR 1.10 per query is to be paid.

(2) In accordance with Section 33 (1) (4) of the query, the operator must pay a flat-rate compensation of EUR 1 000 per year to the operator for the opening of the query authorization. The flat-rate compensation shall be waited in the case of the use of a service provider, if the service provider is able to provide this service at the same time for at least 100 contracting entities. This shall be payable within the first three months of each accounting year; the first year of accounting shall begin with the opening of the authorization for the inquiry.

Section 9

Closure and transitional provisions

Linguistic equality

§ 35. As far as natural persons are referred to in this Regulation only in male form, they shall refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

References

§ 36. Insofar as federal laws are referred to in this Regulation, the version in force on the date of entry into force of the Regulation shall be applicable.

Zu § 61 Abs. 4 PStG 2013

§ 37. In accordance with § 61 (4) of the PStG 2013, the civil status books shall be continued until 1 November 2014.

entry into force

§ 38. This Regulation shall enter into force on 1 November 2013. The ordinance of the Federal Minister of the Interior of 14 November 1983 on the implementation of the Personal Status Law (Personal Status Ordinance-PStV), BGBl, applies to the continuation of the civil status books in accordance with § 37. No 629/1983, including installations. This also applies in particular to the related understandings and transfers, such as those relating to the Bundesanstalt Statistik Österreich.

Mikl-Leitner