← Lietuva

LAW ON NATIONAL REGISTERS

LAW ON NATIONAL REGISTERS official translation REPUBLIC OF LITHUANIA LAW ON THE STATE REGISTERS 13 August 1996 No. I-1490 Vilnius CHAPTER 1 GENERAL PROVISIONS Article Relations Regulated by the Law and Sphere of its Application

  1. The Law shall determine: 1) the procedure of setting up, management, use, organisation and liquidation of state registers (cadastres, classifiers); 2) the rights and duties of the institutions responsible for the management of state registers, the institutions directing their activities and exercising supervision over them, the rights and duties of the legal and natural persons providing data to the state registers as well as using the data of state registers, and protection of these rights; 3) the rights and duties of legal and natural persons whose data constitutes the object of the register, protection of said rights.
  2. The standards of this Law which determine the collection, storage, processing, use and communication of register data shall also be applicable to those state registers which have been set up under separate laws of the Republic of Lithuania.
  3. State institutions, while setting up, keeping, reorganising and liquidating the registers of their respective institutions, related to state registers shall comply with laws and other legal statutes which regulate the protection of information. Article
  4. Definitions As used in this Law:
  5. Persons means legal and natural persons.
  6. Data processing means augmentation, alteration, deletion, correction and classification of register data.
  7. Communication of data means transmission of register data (forwarding of register data to another person) and disclosure of register data (making register data accessible to persons).
  8. Systems of geoinformation means systems of documents and document keeping and retrieval systems related to land, its investigation and use.
  9. Cadastre means a register whose data reflect geoinformation properties of the object of the register.
  10. Classifier means a systematised list of division of objects into separate classes (groups) based on the links of the identified properties of said objects, which comprises the names and codes of the objects, their properties and classes.
  11. Register means an instrument for information systematisation, storage, protection and use of data and other information.
  12. Register management means collection, storage, processing, protection and communication of register data.
  13. Registers service means a service performing the functions of technical and technological co-ordination, interaction and supervision of state registers.
  14. State Computerised Information System means a system of management and search of documents and data required for specific activities, which functions with the help of information technology: computers, their programmes, data bases, data transmission networks and statutory acts regulating their use.
  15. State Data Protection Inspectorate means the institution which exercises control over the protection of state registers and other data of the state information systems and over the lawfulness of data communication and use.
  16. Principal (basic) state registers means the principal registers where the state objects (facilities) that are of greatest importance economically and legally are registered. Stored in the principal registers are registration data and documents of common use, the initial recording whereof in the computer database is related to a certain registration deed.
  17. State registers means collections of uniform or distributed data and documents which duly present certain objects of state importance, the keeping of which is computerised and which are comprised of object identification codes, names and other particulars of the objects specified in the deeds on the setting up of registers.
  18. The system of state registers means the totality of state registers, kept in an organised manner by applying information technology. Article
  19. State Register Objects
  20. The objects of a state register may be persons, property, activities, documents, territories, natural resources, cultural properties, intellectual (industrial) property, means of communication and other items the registration whereof is prescribed by laws or Government decrees. The list of data relative to a specific object which are subject for registration shall be determined while setting up a state register.
  21. The following shall be assigned to the key objects: 1) the population; 2) legal entities (enterprises, institutions, organisations, other economic entities); 3) real property (land, buildings, structures); 4) natural resources (flora, fauna, rivers, lakes, mineral resources, etc.); 5) statutory acts.
  22. The key objects shall be registered in the basic state registers the list whereof shall be approved, revised and updated by the Government. Article
  23. The Structure of the State Registers System
  24. Initial registration of the key state objects shall be carried out and registration data and documents shall be processed by computers in the principal state registers. Initial registration data of other state registers may be included in the principal state register (hereinafter - the principal register). Extracts from the data on a register object certified by the principal register management institution shall have the same legal force as excerpts of documents regarding the same object from another state register forming a constituent part of the principal register and certified by the register management institution, should this be stipulated in the principal register regulations.
  25. Alternative registration of key objects with government institutions shall be prohibited.
  26. Other state registers must obtain required data only from state registers provided that the data are registered in them.
  27. Principal registers object identification codes and other general data must be used in state computerised information systems, including geoinformation systems (hereinafter - state information systems) and in the state systems of registers. Article
  28. General Principles of Interaction between State Registers
  29. The regulations of a state register which interacts with the principal register may not contravene the regulations of the latter.
  30. The interaction of the principal and other state registers shall be determined by this Law, laws on individual state registers and other statutory acts. CHAPTER 2 STATE REGISTER FORMATION PROCEDURE Article
  31. Setting up State Registers
  32. The procedure for setting up and financing state registers (hereinafter - registers) shall be laid down by the Government.
  33. Registers shall be set up by the Government on the proposal of ministries, departments, government institutions.
  34. The following documents shall be prepared to accompany the proposal: 1) explanatory note; 2) draft of the register regulations; 3) register preparation and legalisation calendar progress schedule and estimate of costs; 4) draft Government decree regarding the setting up of the register and approval of its regulations.
  35. If new standards of law are necessary in order to set up a register, the register may be set up by a separate law the provisions whereof must not contravene this Law. If the register is being set up by a law, a draft law on the register shall be appended to the documents accompanying the proposal.
  36. All registers that are set up shall be registered in the State Registers List, the keeping whereof shall be specified in Article 8 of this Law. Article
  37. Register Management Institution
  38. The government institution which according to the character of its activities disposes of the relevant register data shall be in the first instance designated register management institution. Should there be no such institution, the register management institution shall be selected in the manner prescribed by the Government.
  39. The registration of objects and registration data base management by computers may be carried out by individual register management institutions. The institution for the management of registration data with the help of computers shall be selected based on its technical and technological potential. In this case the Government may designate the leading register management institution to co-ordinate the work of register management institutions.
  40. If the register is comprised of several registers managed by different management institutions, the Government shall designate the leading register management institution to co-ordinate the work of institutions which manage the register.
  41. The leading register management institution may only be changed by the founder. Article
  42. Register Service
  43. The functions of the client of the registers system shall be exercised by the Ministry of Communications and Informatics whose designated and subordinate institution shall co-ordinate, methodically direct and supervise the designing and introduction of state registers, interaction between them and their use.
  44. The register service shall keep the State Registers List where data regarding the setting up, preparation and legalisation of registers shall be entered. The Service shall provide all interested persons with information on the functioning registers and data registered therein.
  45. The register service shall also prepare drafts of statutory acts which determine the functioning of the registers system, the structure of register data, interaction between the registers, communication of data to state information systems. In conjunction with the register management institutions the service shall work out proposals for register project design and for the introduction of technical and technological measures necessary for the functioning of the registers system and interaction with the state information systems.
  46. The instructions and directions of the register service regarding the unification and standardisation of register management and safeguarding of interaction between them must be agreed with the Ministry of Communications and Informatics and shall be binding on all register management institutions. Article
  47. Preparation of Register Design Project
  48. The leading register management institution (hereinafter - the register management institution) shall prepare and co-ordinate the technical requirement of the register design project in accordance with the procedure laid down by the Government. The technical requirement shall be approved by the Ministry of Communications and Informatics.
  49. The register management institution shall also prepare: 1) design of register information classification and coding standard; 2) documents of the register design project provided for in the technical requirement; 3) the estimate of the design project, specifying the financing sources.
  50. The design of register information classification and coding standard as well as the documents of the register design project provided for in the technical requirement shall be co-ordinated in the manner prescribed by the Government.
  51. Classification and coding standards valid in the Republic of Lithuania must be applied in the process of state register designing. Article
  52. Legalisation of a Register
  53. A register shall be legalised for use in the state information systems in the manner laid down by the Government.
  54. A register that has been legalised shall be registered in the State Registers List and shall be announced in "Valstybës þinios" (Official Gazette). Article
  55. Register Reorganisation
  56. A register may be reorganised by changing the composition of its objects, the list of managed data, data providers and users, the procedure of data collection and use.
  57. Registers may be joined (divided) by transferring their data to one or several management institutions.
  58. The issue of register reorganisation shall be decided by the Seimas in the event of the register having been set up by a law, or by the Government, if the register was set up by Government decree. Documents specified in Article 6 of this Law must be prepared for the proposal to reorganise.
  59. The register reorganisation procedure shall be laid down by the Government. Reorganisation of the register must be agreed in the prescribed manner with the principal register users and other institutions.
  60. A reorganised register shall be legalised pursuant to Article 10 of this Law. Article
  61. Register Liquidation
  62. The issue concerning the liquidation of a register shall be decided by the Seimas if the register was set up by a law. or by the Government in case it was established by a Government decree.
  63. Liquidation of a register must be agreed in the established manner with the principal register users, State Data Protection Inspectorate and other institutions.
  64. The data of the register being liquidated shall be transferred to another register or National Archive or shall be destroyed.
  65. The liquidation procedure, the procedure for transferring the data to the archives or to another register, or for destroying the data shall be laid down by the Government or by an institution authorised by it.
  66. Register liquidation shall be registered in the State Registers List and shall be announced in the "Valstybës þinios." CHAPTER 3 RIGHTS AND RESPONSIBILITIES OF THE REGISTER MANAGEMENT INSTITUTION Article
  67. Register Management
  68. Register management (use) shall be regulated by the register regulations prepared pursuant to model regulations of a state register approved by the Government.
  69. The register management institution must guarantee that no incorrect, unnecessary or inconsistent data is recorded in the process of register management.
  70. The register management institution must arrange that the registration data be checked against the actual data and that inaccurate or obsolete data should be promptly rectified, updated or supplemented.
  71. The interested persons must be notified of the rectification (updating) of their data within ten working days of the day of rectification.
  72. The register management institution shall be entitled to query the person who provided the data should it harbour any doubts about the accuracy of the register data.
  73. The register management institution must give a written response to the enquiries submitted in writing and fulfil the requirements specified in Article 24 of this Law, within ten days of the receipt of the enquiry or requirement. Responses to the enquiries received via the data communication computer network shall be filed within the time period specified in the regulations.
  74. The register management institution must implement the directives and instructions of the registers service regarding the unification, standardisation of registers management and safeguarding of interaction. Article
  75. Data Reception and Transmission Records The register management institution must keep data reception and transmission records in such a manner as to ensure the registration of the person from whom the data is received, to whom it is transmitted, in what manner, what data and for what purpose. Article
  76. Disclosure of Information about the Register Information concerning the object and purposes of a register, the register management institution, the list of documents and data filed with the register and the amount thereof, information concerning persons who communicate data and who are data users, as well as information to persons about the register management, about their right of access to the register data and about incorrect data rectification procedure must be accessible to every person at the register management institution, unless the law provides for a different procedure. CHAPTER 4 DATA COMMUNICATION, PROCESSING, USE AND TRANSMISSION Article
  77. Data Communication
  78. All persons who are identified in the register regulations as persons communicating data must communicate same to the register management institution.
  79. Data shall be communicated to the register according to the procedure laid down in this Law and in the register regulations. If the register is set up by a separate law, the provisions of the law shall be complied with.
  80. The institution managing the register which uses the data of the principal register must, prior to communicating the register data to the users, guarantee the updating of the register data in accordance with the principal register data.
  81. The persons communicating data must guarantee the correctness and updating, in the manner specified by the law and register regulations, of the data communicated to the register.
  82. Upon failing or refusing to communicate data in the established manner, or upon communicating incorrect data or not by the due date or in violation of the register regulations, the person who communicates register data must compensate, pursuant to Article 30 of this Law, for the damage inflicted by the above-mentioned actions.
  83. The data shall be communicated to the register free of charge, except in cases laid down by laws. Article
  84. Collection of Data
  85. The register management institution shall collect data in the manner laid down by laws and other statutory acts.
  86. Collection of data from persons whom the register regulations do not identify as persons communicating data shall be permitted only with their written consent or in the cases provided for by law. Article
  87. Data Processing Procedure
  88. Data shall be processed in the manner specified in the register regulations.
  89. Persons who participate in the processing of data must keep the secret of data. The pledge to keep the secret of data shall be valid even after the termination of the activities related to data processing.
  90. The secrecy of documents and the time period for keeping the secret of data shall be determined by laws and other statutory acts. Article
  91. Use of Register Documents
  92. The register data may be used only in the manner and for the purpose specified in the register regulations.
  93. The register data may be announced for public use according to the procedure and in the amount specified in the register regulations.
  94. The use of secret or restricted register data shall be determined by laws and other statutory acts. Article
  95. Application to Be Issued Data
  96. A person who wishes to be issued register data but who, however, is not identified in the register regulations as the user of data must file an application with the register management institution. The following must be specified in the application: the purpose for which the data is required; the objects whose data is required; the list of data subject to registration; data communication form; the manner of data protection if prescribed by register regulations.
  97. Applications for data transmission shall be considered by the register management institution pursuant to laws and other statutory acts. Article
  98. Transmission of Register Data
  99. The interested persons may receive register data in the manner laid down in the register regulations.
  100. The register data shall be transmitted: 1) to the data users identified in the register regulations; 2) to persons whose data constitute the register object who shall be transmitted only the register data concerning the object; 3) to persons whose request for data is sufficiently reasonable and does not contravene the register regulations.
  101. The register data transmission procedure shall be laid down in the register regulations.
  102. The amount, conditions and procedure of data transmission by information media or communications channels must be specified in the register regulations.
  103. Extracts from the data concerning the register object and copies of the object registration documents certified by the register management institutions shall have the same force and effect as the object's legal registration documents kept with the register.
  104. The register management institution shall transmit data to the institutions of public authorities specified by the Government free of charge. In other instances a charge shall be made for data transmission in the amount regulated in the manner specified by the Government. Upon receiving the register data free of charge, the public authorities institutions shall be prohibited from communicating the received register data to third parties or otherwise disseminating the data without the consent of the register management institution, except in cases where that is required for the performance of direct official duties.
  105. Legal and natural persons whose data constitutes the register object shall receive the data free of charge. Article
  106. Use of the Received Data The user may not use the received data for purposes and in the manner other than that stipulated during the transmission of the data. Article
  107. Transmission of Register Data to Foreign States Register data may be transmitted to foreign states in compliance with the laws and other statutory acts of the Republic of Lithuania as well as bilateral and multilateral treaties to which the Republic of Lithuania is a party. CHAPTER 5 DATA PROTECTION GUARANTEES Article
  108. The Right a Person whose Data Constitute the Register Object to Access the Data The person whose data constitute the register object shall have the right to access the data as well as being entitled to submit enquiries to the register management institution and to request rectification of incorrect data or supplementing of incomplete data and deletion of unnecessary or unlawfully collected data. The procedure for familiarising oneself with the register data and for eliminating the violations shall be laid down in the register regulations. Article
  109. Restriction of the Right of Access to the Register Data
  110. A person's right of access to the register data may be restricted whenever this is or may be detrimental to: 1) state security; 2) crime investigation; 3) public order; 4) fulfilment of assignments of state control and supervision; 5) vital economic and financial interests of the state.
  111. Restrictions of the right of access to the register data, specifying the user groups with different possibilities of access to the register data, must be defined in the register regulations.
  112. The decision to restrict a person's right of access to the register data may be appealed against to the State Data Protection Inspectorate which must examine the person's complaint and respond thereto in writing within a calendar month from the day of filing of the complaint. In the event that the person's complaint is rejected he may appeal to court in the manner prescribed by law. Article
  113. Register Protection
  114. Register protection shall be the responsibility of the register management institution.
  115. Register protection shall be regulated by the register regulations. The register management institution must guarantee the administrative, technical, software and other measures protecting the register from illegal destruction, changing or use of the data. The register management institution shall choose the register protection measures according to the type of the register data. CHAPTER 6 STATE SUPERVISION OF REGISTERS AND LIABILITY FOR THE VIOLATIONS OF THIS LAW Article
  116. Control over Register Management and Data Use
  117. The legality of the register data protection and use shall be controlled by the State Data Protection Inspectorate .
  118. The activities of the State Data Protection Inspectorate shall be governed by its regulations approved by the Government. Article
  119. Duties of the Register Management Institution in the Process of Control
  120. The register management institution must produce to the State Data Protection Inspectorate personnel the data required for the control of register management and data protection and use as well as register related explanations.
  121. The fulfilment of instructions (orders) of the State Data Protection Inspectorate shall be obligatory. Article
  122. The Register Management Institution's Right of Appeal The register management institution shall have the right to appeal against the instruction (order) of the State Data Protection Inspectorate in the manner laid down by law. Article
  123. Liability
  124. The register management institutions, other legal or natural persons who violate this Law as well as the concluded agreements on data protection, transmission and use shall compensate the register data subjects, register management institution, data users or the state the damages caused by their actions, the amount whereof shall be determined by court.
  125. Other sanctions and remedies provided for by law may be applied with regard to persons who communicate inaccurate or incorrect register data, or fail to communicate the data, or unlawfully use the data or otherwise violate this Law. CHAPTER 7 FINAL PROVISIONS Article
  126. Implementation of the Law on the State Registers The Government shall within 6 months from the entry into force of this Law adopt statutory acts necessary for the implementation of its norms or shall submit drafts of such statutory acts to the Seimas. I promulgate the Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS

🔗 Į oficialų šaltinį

DI paaiškinimas pagal oficialų įstatymo tekstą. Orientacinis, nepakeičia teisinės konsultacijos.