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The Law On The Register Of Aliens

Original Language Title: Laki ulkomaalaisrekisteristä

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Law on a foreign register

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope

The collection and storage of personal data in the foreign register, as well as the use and transfer of the data stored in it, shall be governed by this law.

This law shall not apply to diplomatic representatives in Finland or to persons enjoying international protection whose status is laid down in international agreements which are binding on Finland.

The register shall be governed by the law on the protection of personal data, unless otherwise provided for in this Act. In addition to what is laid down in this law, Finland is bound by binding international agreements.

ARTICLE 2
Licence and purpose of the register

The register of foreigners shall be kept by means of automatic data processing.

The foreign register shall be kept and used for the purposes of the handling, decision-making and supervision of foreign entry and exit, residence and work, in order to protect the security of the State and the security clearance law (26/2014) In order to conduct a safety report. (19/04/2013)

The register of foreigners is also considered to be the acquisition, preservation and loss of Finnish citizenship and the handling and decision-making of matters relating to the determination of citizenship status. (30.04.2004)

Data from the foreign register may be used to compile statistics according to national and international needs, taking into account the identity of the (523/1999) Provides for processing of personal data. (30.04.2004)

ARTICLE 3
Liceners

On the register of the application of the register of the foreign register, the register of aliens and the refugee travel documents, the register of entry and exit controls, the register of investigations and the register of citizens The main responsible controller is the Finnish Immigration Service, which is also responsible for maintaining these parts of the register. (9.11.2007)

The Ministry of Foreign Affairs shall be responsible for maintaining and maintaining the register of the register of and entry into the register of the registration and admission conditions of the entry register of the foreign register of foreigners.

The External Borders Register will also be kept and used by the police, the border guard, Customs, the Centre for Enterprise, Transport and the Environment, the Employment and Business Office, the Corrections Officer and the Accountable Equality Officer. (30/04/2013)

The servants of the authorities holding and using the register shall be entitled to see and process, by means of a technical service, information stored in the register of aliens only for the purposes of: Within the limits of its powers. On a proposal from the Authority, the main responsible controller shall grant the person the right of access to the data categories or data fields of the data sheets or data fields of which the principal responsible controller considers the need for For the purpose of carrying out statutory tasks relating to aliens and citizenship. (25.5.2007)

§ 3a (26.06.2009)
Use of dactyloscopic data for alien passports and refugee travel documents

The entry register of alien passports and refugee travel documents shall be deposited with the fingerprints of an alien passport and travel document application. Fingerprints may be used by the Immigration Service, the police, the border guard, customs when it carries out the tasks of the border inspection authority and the Ministry of Foreign Affairs and the Finnish delegation.

Access to dactyloscopic data is only available on the basis of which it may be necessary to carry out its tasks. Fingerprints may only be used to ensure identity and to prepare an alien passport or refugee travel document. In addition, the police have the right to use dactyloscopic data, as provided for in the law on the processing of personal data (761/2003) Article 16a Provides. The right of access is the right to take fingerprints from the data subject and to compare them with registered fingerprints. The data provided for the comparison may be used only for the duration of the comparison and shall be disposed of immediately after comparison.

§ 3b (10/06/2015)
Use and comparison of fingerprint data on the register of applications

The register of applications shall be deposited with the application for a residence permit, a residence card application and fingerprints taken for the purposes of the application for a residence card of a family member of the Union citizen. Fingerprints may be used by the Immigration Service, the police, the border inspection authority and the Finnish delegation.

The fingerprints deposited in the register shall be used only within the limits of the powers conferred by Article 2 (2) in order to establish the authenticity of the card and verify the identity of the holder of the residence permit, For the purposes of the processing, decision-making and monitoring of the entry and exit of foreign nationals and the protection of the security of the State. The authority entitled to use the data shall have the right to compare data with the fingerprint data already deposited in the application register and to the fingerprint data and personal data of the alien passport and refugee travel document. For the purposes of Article 3 of the Law on Processing, on the basis of Article 131 of the Act on Foreign Affairs, on the fingerprints of the aliens. In addition, in order to establish the conditions for entry, the data shall be compared with the fingerprint data of the description of the police information system referred to in Article 2 (3) (9) of the Law on the processing of personal data, in so far as: Fingerprint data already registered are related to the offence of at least one year in prison.

In addition, the police have the right to use fingerprint data stored in the register of applications as provided for in Article 16a of the Law on the Processing of Personal Data.

The data provided for the comparison may be used only during the reference period, after which they shall be immediately disposed of.

§ 4
Responsibility for information entered in the register

The controller who records information in the foreign register shall be responsible for the correctness of the data entered in the register and the legality of the recording and use in the exercise of its functions.

Where appropriate, the relevant controllers shall issue instructions for the use of a foreign register under their own administrative branch, after consulting the other controllers.

§ 4a (22.8.2003/763)
Registered rights

The information provided by the police in the foreign register referred to in Article 2 shall be valid for the purposes of the law on the processing of personal data in the police (761/2003) Articles 43 to 45 provide.

§ 4b (26.06.2009)
Data security for identification of the physical characteristics of the person

When recording or otherwise dealing with the identity of the physical characteristics of a person in electronic form, the controller shall, in particular, take care of the security of the data storage and other processing of such identification.

In the case of the deposit and other processing of the identity of the person's physical characteristics, care must be taken to:

(1) identification and identification of information systems, equipment and software used for the processing of identification and identification data;

(2) identification of the identity is protected against unauthorised access and infringements of the confidentiality and integrity of the information, against any changes or forgery, as well as any other accidental or unlawful processing; and

(3) identification and identification of the identified data shall be subject to the necessary technical and organisational measures to ensure that the identification and data processing can be carried out with a data security and privacy In a protective manner.

The controller shall also be responsible for the information security referred to above for a third party which, either in full or in part, by the controller, carries out the recording of the identity of the person's physical characteristics. The controller shall be responsible for the fact that the contractor has the same obligation to protect the data as the controller, and the fact that the contractor has no other right to handle the data.

Chapter 2

Information content and data sources of the foreign register

§ 5
Personal dimension of the register

Information on persons shall be collected and stored in the foreign register:

1) who have applied for a visa or a residence permit;

2) who have carried out the foreign law (301/2004) Paragraph 48 Or participate in the language investigation;

(3) whose right of residence is registered under a foreign law or whose employment records are registered under any other law; (2.6.2006/419)

(4) who have applied for international protection, or who have been admitted to Finland under the refugee quota or in the light of humanitarian migration;

(5) who have applied for an alien passport or refugee travel document or for whom the Finnish authority has issued a one-way travel document for the purpose of implementing the removal; (21.7.2006/620)

6) have been granted a period of reflection in accordance with Article 52b of the Aliens Act. (21.7.2006/620)

(30.04.2004)

The Registry shall collect and deposit information on those who have applied for Finnish citizenship or the retention of Finnish citizenship or the release of Finnish citizenship or a declaration of Finnish citizenship In order to obtain, lose Finnish citizenship, or whose nationality status has been determined or sought to determine. (30.04.2004)

In addition, the particulars of the members of the family of the person referred to in paragraphs 1 and 2 may be entered in the register of aliens, with him in the same household and in the case of recipients in Finland, where it is necessary to: Necessary. (25.5.2007)

ARTICLE 6 (12/04/1215)
Depositing of sensitive personal data

For the purposes of decision-making on entry, exit and country of residence and on the nationality of the country, information on persons who:

(1) has been imprisoned or released from prison in Finland, or has been transferred from a foreign country to Finland or Finland to a foreign country, as well as an indication of the measure and its timing;

(2) have committed or may be suspected of having committed a criminal offence which may affect the authorisation of entry or residence or the acquisition of Finnish citizenship, and the reference to the act;

(3) have taken, or may, on the basis of their previous activity or otherwise, be suspected of engaging in national security or relations with a foreign country in Finland, as well as the reference to the act;

4 ) Have been converted or expelled, or have been refused entry or have been refused entry, as well as information on the decision, on the grounds and implementation thereof, and on the period and duration of the entry ban;

(5) have drawn up false or false documents, misinformation or omissions in the application lodged by the Finnish authorities in the application lodged or lodged with the Finnish authorities, which are relevant for considering the visa, residence permit or The granting of a work permit and information; and

(6) have committed or may be suspected of having committed illegal immigration.

Other sensitive personal data referred to in the legislation on the protection of personal data may be stored if the data subject has given its consent or if the deposit of the information is necessary for the purposes of the proceedings.

§ 7 (25.5.2007)
Deposits data

The identity of the person referred to in Article 5 or Article 6 shall be recorded in the foreign register, in so far as it is necessary, on the identity of the person or of the customer number, names, facial image, signature, residence permit, residence card, family member of the Union citizen. The fingerprints taken from the applicant for the residence card, the alien passport and the refugee travel document, the opinion of the DNA test and the opinion on the comparison of fingerprints, sex, date, place and country, identification number and a foreign identity number or other The identification number assigned to the foreign person, Nationality and nationality information, professional, educational and language knowledge, information on civil status and family relationships, home municipality, address and other contact details, and information on travel documents and application of Article 96 of the Aliens Act The card that shows vitality. (10/06/2015)

In addition to the provisions of paragraph 1, the foreign register shall, in so far as is necessary, deposit:

(1) information on the application or notification referred to in Article 5 (1) or (2), or any information or consultation made concerning the application, the reasons for the application, the purpose of the application, the purpose of the visit and the purpose of the journey; and On the duration and place of the itinerary, the date and place of entry and exit, and information on employers and employment, the payment of the employer's obligation to pay and the payment of taxes, and Article 72 of the Aliens Act Information to be attached to the application for a residence permit to the worker;

(2) information on the handling of cases referred to in Article 5 (1) and (2), the related reports, opinions, decisions on matters and the reasons for the decisions, lapses and appeals;

3) the identity and contact details of the members of the family referred to in Article 5 (3), persons living in the same household and recipients.

(30/04/2013)
§ 8
External sources of information

Without prejudice to the provisions of confidentiality, the controller shall be entitled to obtain, for the purpose of the register of aliens, the information necessary for the performance of the tasks provided for by the law as follows:

1. On the deposited or imposed fines on foreign nationals deposited in a fine register, and on their implementation, as well as the national central information system of the national information system of the judicial administration Information on the processing system for suspected crimes committed by the public prosecutor or court of law or suspected of being suspected by aliens, as well as information on foreign nationals issued in criminal matters And to the applicant in court The settlement of maintenance obligations, as well as information on the validity of the solutions adopted in the above cases, where such information is available; (14 MAY 2010)

(2) the addresses of asylum seekers from the Ministry concerned;

(3) information relating to a criminal case file relating to a person referred to in Article 5 (1) and (2) and Article 6 (1) (2) to (6), in so far as it may take place without prejudice to the pre-trial investigation;

(4) the reception centre, in accordance with Article 105a of the Aliens Act, concerning the date of birth, family members and whereabouts of the unaccompanied minor's asylum seeker; (8 DECEMBER 2006)

(5) information on the personal data system of the person entered in the register of aliens and the changes thereto, as well as the documents on which the population information system is based; (25.5.2007)

(6) Information from the National Pensions Office and the Social Authority of the Municipality as to whether the applicant has been granted an income support law (19/05/1997) , and other known facts which may be relevant to the person's foreign law or nationality law (2003) In accordance with the procedure; (30.04.2004)

Paragraph 7 has been repealed by L 30.4.2004/305 .

(8) in accordance with Article 63 of the Aliens Act for the application for a residence permit issued by the social authority or the health authority, in accordance with Article 63 of the Act on Foreign Affairs, on the social and health situation of the applicant and the Public Health Service; and Information on the opinion issued on the basis of the DNA typing referred to in Article 66 of the Aliens Act at the University of Helsinki University; (25.5.2007)

(9) Information on the income and wealth of the taxable person, as well as other tax information on the conditions for obtaining or emancipation of Finnish nationality, as well as the condition of the residence permit, and of foreign nationals For the purposes of consideration of the residence permit, information on the employer's contributions to and the declaration of employers of the foreign employer and the payment arrangement relating to the payment of taxes; (29.1.2010/70)

(10) from the police records of the police, to identify the person and particulars of the travel documents; (25.5.2007)

(11) the law on the processing of personal data from the personal data registers of the Border Guard (579/2005) And the surveillance data of the country and the maritime border referred to in Article 9 of that law, as well as personal data on border traffic; (25.5.2007)

(12) Information from the National Board of Education on general language examinations carried out (964/2004) Of the law on general language investigations and the language skills required by general government (2003) , as well as the law on the student selection register and the baccalaureate (1058/1998) Of the student selection register for the purposes of admission and acceptance of the place of study; (25.5.2007)

(13) from educational institutions, information on the holders of the place of study and their credits; (25.5.2007)

(14) From the National Archives, information on archived documents from which the controller is otherwise entitled to obtain information. (25.5.2007)

The information referred to in paragraph 1 may be disclosed in such a way as to be agreed with the controller, including in electronic form or through a technical service, where the protection of data in Article 32 (1) of the Personal Data Act has been established. Referred to. (30.04.2004)

§ 9 (12/04/1215)
Removal from the register

The person's information shall be deleted from the register of aliens in full one year after he or she has acquired the Finnish citizenship or the deceased. Information on the visa, residence permit, residence card, residence card, residence card of the family member of the Union citizen and the travel document issued shall be deleted five years after the last If the validity of the visa, residence permit, right of residence or document has expired. The data of the persons subject to an entry ban shall be deleted one year after the date of expiry of the entry ban. Expulsion and conversion data and information on refusal of access shall be deleted five years after the date of the decision. The deleted data shall be filed.

Data recorded in error shall be retained for a period of five years if it is necessary to safeguard the rights of the data subject or of the staff of the controller. Such information shall only be used for the protection of those rights.

Chapter 3

Disposal and confidentiality of foreign register data

ARTICLE 10
Transmission of information from the register

In addition to the provisions laid down in the law, or in accordance with international agreements which are binding on Finland, the register of foreigners shall be subject to the provisions of confidentiality and to the extent of the statutory duties of the host authority It is necessary to disclose information:

1) a visa and a residence permit as well as decisions on applications and applications for international protection for the armed forces for the purpose of preventing and detecting criminal offences, as well as the registration of the right of residence and the person On nationality data in the military service law (1438/2007) For the examination of military service for military purposes; (28.3.2014/260)

2) to the pre-trial authorities for the prevention and detection of criminal offences and for the purpose of the preliminary investigation of the offence;

(3) to the Ministry concerned to organise the reception of asylum seekers and victims of trafficking in human beings; (21.7.2006/620)

4) on the Finnish citizenship, the loss of citizenship and preservation of citizenship, and the population data law, (107/1993) And domestic workers (2013) For the performance of the tasks specified;

(5) the pension institution's pension fund (185/1961) And the pensions of employees in short-term contracts (134/1962) Of Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community The identification of the personal dimension of social security agreements;

(6) for decision-making and supervision in relation to social security and social security by the Social Insurance Institution and the municipality; (25.5.2007)

(7) to the authority of a foreign country on the persons receiving Finnish citizenship for the purpose of determining the status of citizenship if it can take place without endangering the safety of a person;

(8) information necessary for the purpose of carrying out the DNA study, as referred to in Article 65 of the Aliens Act, to the Public Health Institute and the University of Helsinki Legal Medicine; (25.5.2007)

(9) the employment protection authority for the purposes of monitoring the conditions of employment of a foreign worker and the right to work; (30.04.2004)

(10) emergency central authorities (157/2000) In accordance with paragraph 1 (3); (25.5.2007)

11) institutions for residence permits for students. (25.5.2007)

The information referred to in paragraph 1 may also be disclosed in the form of a mechanical language or a technical service. Prior to the transmission of information, the technical service shall provide the information requested to provide information on the protection of data within the meaning of Article 32 (1) of the Personal Data Act. (30.04.2004)

The provisions of this Article shall not apply to the fingerprints of a residence permit, residence card or residence card, or fingerprints taken from the applicant for an alien passport and a refugee travel document, unless otherwise provided for in the law. (10/06/2015)

Pension pension for employees. 295/1961 Has been repealed by L 396/2006 , see Employee's pension L 395/2006 . Pension L of workers in short-term contracts. 134/1962 Has been repealed by the entry into force of the Pension Act of Workers' Law 396/2006 . Population data L 507/1993 Has been repealed by L for the Population Information System and for the certification services of the Population Register Centre 661/2009 . Emergency central L 157/2000 Has been abrogated with L emergency central 692/2010 . See for example Foreigns 301/2004 And L on the supervision of occupational safety and health at work 44/2006 .

ARTICLE 11
Secrecy

The information and documents received for the performance of the functions provided for in Article 2 shall be kept secret if so provided or under the law, or where it is not apparent that the provision of information does not cause injury or harm the Finnish International relations, international cooperation, the applicant or his/her loved one.

Chapter 4

Entry into force

ARTICLE 12
Entry into force

This Act shall enter into force on 1 January 1998.

This law will repeal:

(1) the Law of 7 April 1995 on the personal registers of the police (509/1995) Paragraph 2 (2) and (3);

(2) Law of 3 November 1995 on the performance of police tasks in the armed forces Article 6 (1) of the ec Treaty (1) (4); and

(3) the foreign decree of 18 February 1994 (142/1994) Regulation as part of Regulation 222/1995.

Before the entry into force of this Act, measures may be taken to implement the law.

ARTICLE 13
Transitional provision concerning the register

Within two years of the entry into force of this Act, the controllers shall bring the register of aliens into conformity with this law.

THEY 206/1997 , HVM 23/1997, EV 203/1997

Entry into force and application of amending acts:

8.3.2002/183:

This Act shall enter into force on 1 September 2002.

THEY 43/2001 , HR 26/2001, EV 197/2001

22.8.2003/763:

This Act shall enter into force on 1 October 2003.

THEY 93/2002 , No 26/2002, EV 290/2002

30.4.2004:

This Act shall enter into force on 1 May 2004.

THEY 15/2004 , HaVM 5/2004, EV 38/2004

2.6.2006/419:

This Act shall enter into force on 5 June 2006.

THEY 46/2006 , EV 50/2006,

21.7.2006/6:

This Act shall enter into force on 31 July 2006.

THEY 32/2006 , HaVM 11/2006, EV 89/2006 Council Directive 2004 /81/EC; OJ L 261, 6.8.2004, p. 19-23

21.7.2006/674:

This Act shall enter into force on 21 August 2006.

Before the entry into force of this Act, measures may be taken to implement it.

THEY 25/2005 , HaVM 13/2006, EV 92/2006

8.12.2006/112:

This Act shall enter into force on 1 February 2007.

THEY 31/2006 , HaVM 21/2006, EV 150/2006, Council Directive 2003 /9/EC, OJ L 31, 6.2.2003, p. 18 and 2004 /83/EC; OJ L 304, 30.9.2004, p. 12

25.5.2007/618:

This Act shall enter into force on 1 June 2007.

THEY 156/2006 , HaVM 37/2006 EV 311/2006

9.11.2007/97:

This Act shall enter into force on 1 January 2008.

Before the law enters into force, measures may be taken to implement the law.

THEY 90/2007 , PVM 4/2007, EV

26.6.2009, P.

This Act shall enter into force on 29 June 2009.

Before the entry into force of this Act, measures may be taken to implement it.

THEY 234/2008 , HaVM 9/2009, EV 97/2009

22.12.2009/14:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

29.1.2010/70:

This Act shall enter into force on 1 March 2010.

THEY 95/2009 , HVM 15/2009, EV 172/2009

14 MAY 2010:

This Act shall enter into force on 1 December 2010.

THEY 102/2009 , LaVM 2/2010, EV 21/2010

10.6.2011/632

This Act shall enter into force on 1 January 2012.

Before the law enters into force, action can be taken to enforce the law.

THEY 104/2010 , HVM 39/2010, EV 327/2010

12:30 TO 12:30:

This Act shall enter into force on 1 January 2014.

THEY 134/2013 , HVM 19/2013, EV 202/2013

30.12.2013/1219:

This Act shall enter into force on 1 January 2014.

THEY 139/2013 , HaVM 21/2013, EV 208/2013

28.3.2014/2:

This Act shall enter into force on 1 May 2014.

THEY 30/2013 , HVM 5/2014, EV 15/2014

19.9.2014/72:

This Act shall enter into force on 1 January 2015.

THEY 57/2013 , HVM 16/2014, EV 79/2014

ON 30.12.2013:

The entry into force of this Act shall be regulated by law.

This law is valid for L 1347/2014 From 1 January 2015.

THEY 19/2014 , THEY 111/2014 , TyVM 11/2014, EV 223/2014