REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON RESIDENTS’ REGISTER January 23 1992 No. I-2237 Vilnius (Revised version of the Law as of 16 Mrch 1999 No. VIII-1085, entered into force 1 June 1999) (As amended by 3 April 2007 X-1069) Article
- Purpose of the Law The Law shall regulate the setting up, management of the Residents’ Register of the Republic of Lithuania (hereinafter referred to as the Register), its data and the procedure for the use of the data, the fundamental rights, duties and liability of the body managing the Register, the data providers and persons whose data is recorded in the Register. Article
- The Founder of the Register The founder of the Register shall be the Government of the Republic of Lithuania. Article
- The Status and Purpose of the Register
- The Register shall be the main State Register.
- The purpose of the Register shall be to collect, accumulate, process and store the data specified in Article 9 of this Law about the persons listed in Article 5 of this Law; to provide the data to the bodies of State Government and Administration, the bodies of local authorities, state Registers and other legal and natural persons of the Republic of Lithuania according to the procedure established by laws and other legal acts. 3.The regulations of the Register shall be approved by the Government. Article
- Definitions
- Register management body means the leading Register management body and territorial Register management bodies.
- Territorial Register management body means the division set up (assigned) in an administrative unit by the leading Register management body.
- Processing of Register data means any operation performed in relation to Register data: data collection, recording, processing, accumulation, storing, grouping, merging, provision, publication, using, logical and/or arithmetic operations, data search and other operations.
- Data processing means supplementing, changing, modification, deletion, classification of Register data.
- Register central database means computer database in which the data concerning all the persons listed in Article 5 is processed.
- Data providers means legal persons specified in the Register regulations providing data to the Register management bodies according to the procedure established in Register regulations. 7.Change in the person’s civil status means birth, establishment of paternity, deprivation of paternity, death, conclusion of a marriage, divorce, adoption, changing of name, surname and other changes related to the persons’ civil status.
- Summaries means the generalised data of a group of persons from which the specific data of a separate person may not be identified.
- Personal identification number means a unique sequence of eleven decimal figures intended for the identification of a person, for the accumulation of data about him, for ensuring the interoperability of state Registers and information systems.
- Data recipients means legal persons, their subsidiaries and representations, the legal persons who are provided Register data about the person or the summarised data according to the procedure established by this law and the regulations of the Register.
- Identity document means a document issued to a person by a state or local government body, containing the inscribed data about the person according to the procedure established by the laws and other legal acts of the Republic of Lithuania. Article
- Persons whose Data shall be Processed in the Register Data on the following persons shall be processed in the Register: 1) citizens of the Republic of Lithuania; 2) stateless persons and citizens of other states who have declared their place of residence in the Republic of Lithuania or are Registering with the bodies of the Republic of Lithuania changes in their civil status. Article
- Register Management Bodies
- The leading Register management body shall be residents‘ Register body set up by the Government or the institution authorised by it. The leading Register management body shall be the Register data controller.
- The leading Register management body shall be a legal person, possessing a stamp with the emblem of the Republic of Lithuania and its own name.
- The leading Register management body shall set up (appoint) the territorial Register management bodies. 4.The regulations of the leading Register management body shall be approved by the Government or the institution authorised by it.
- The leading Register management body shall approve the regulations of territorial Register management bodies. Article
- Fundamental Rights and Duties of the Leading Register Management Body 1.The rights and duties of the leading Register management body shall be regulated by this Law, the Law of the Republic of Lithuania on State Registers, the Law of the Republic of Lithuania on Legal Protection of Personal Data and the regulations of the leading Register management body.
- The leading Register management body shall have the right to: 1) obtain from the data providers the data listed in Article 9 of this Law; 2) request that the data provider, where necessary, justify the correctness of the data submitted to the Register; 3) refuse to provide Register data in the cases provided for and according to the procedure established by the Law of the Republic of Lithuania on Legal Protection of Personal Data; 4) take a decision on the correction or withdrawal of the submitted incorrect or false data according to the procedure established by the regulations of the Register; 5) submit the combined data listed in Article 9 of this Law, establishing that the persons specified in paragraph 4 of Article 9 of this Law are related by blood or by marriage.
- The leading Register management body shall: 1) manage the documents listed in Article 9 of this Law; 2) direct the territorial Register management bodies; 3) manage the Register’s central database; 4) ensure that no erroneous data is recorded in the Register; 5) manage the accounting of the data submitted to the Register; 6) set and assign the personal identification number; 7) guarantee the protection of data listed in Article 9 of this Law; 8) consider within 20 days the filed complaints about the refusal to provide or specify the requested Register data and to issue replies. Article 8.Personal Identification Number
- Personal identification number shall be assigned to persons listed in Article 5 of this Law.
- The structure of the personal identification number at the moment of its assignment shall be as follows: the first digit shows the person’s sex and the century of birth, the second and third - the two last digits of the year of birth, the fourth and fifth – the month of birth, the sixth and seventh – the date of birth, the eighth, ninth and tenth – the order number of entry into the Register of the persons born on the same date, the eleventh digit shall be the check-digit of the first ten digits.
- The personal identification number assigned to the person shall be unique and shall remain unchanged. The personal identification number shall be entered in the personal documents. Article
- Personal Data Processed in the Register
- The following personal data shall be processed in the Register: 1) the personal identification number; 2) the name (names); 3) the surname (surnames); 4) sex; 5) date of birth; 6) citizenship (citizenships); 7) place of birth; 8) place of residence, date of arrival at the place of residence; in case the person changes his residence to another country – the place (state) and date of departure; if the person permanently resides abroad - the state of residence; if he has no place of residence – the municipality in which he resides; 9) family circumstances and the date of their changing; 10) date of death; 11) personal identification numbers of the parents, children and spouses; if personal identification number has not been assigned – other personal data documented and referred to in the regulations of the Register; 12) nationality (data about nationality from the Register shall be submitted only according to the procedure established by the Law of the Republic of Lithuania on Legal Protection of Personal Data); 13) facial image; 14) fingerprints; 15) signature; 16) personal document data (type of personal document, code and name, series and number of the issuing country, the reason for issuing (exchange) of the document, the date of issue and the state of validity (invalidity) of the personal document, grounds for and date of invalidity, whether the personal document has or has not been returned); 17) the data of the applications for the issue of personal documents (number and date of registration, the code number and name of the body which accepted the application); 18) data contained in the entries in civil Registers (the type, grounds for the entry, place and date of the entry, number, ground for the supplement or amendment, the marking about the issue of the certificate, the locality of death, the notes recorded in the entries).
- The data about the stateless persons and citizens of other states, who have no permit to reside in the Republic of Lithuania, who are specified in paragraph 1 of this Article, shall be recorded in the Register if they are substantiated by the documents valid in the Republic of Lithuania; the data specified in subparagraphs 7 to 12 of paragraph 1 of this Article shall not be mandatory and shall be recorded in the Register if all the data specified in subparagraphs 1 to 6 of paragraph 1 of this Article are documented; the data specified in subparagraphs 13 to 15 of paragraph 1 this Article about the stateless persons and citizens of other states shall be recorded in the Register, if they are substantiated by the documents issued in the Republic of Lithuania.
- The data specified in subparagraphs 12 to 15 of paragraph 1 of Article 9 of this Law may be submitted only to the law enforcement institutions and institutions issuing the identity papers.
- Data on relationship by blood or marriage may be submitted to law-enforcement entities on a one-time request, specifying the specific purpose of personal data use for the performance of specified functions; to the commissions of the Seimas – for implementing the tasks authorised according to the procedure established by laws, regulations of the Seimas. The date of family links may be submitted to the Chief Official Ethics Commission for the performance of its direct functions; to the notaries for having jurisdiction in matters of succession and for establishing whether there are no restrictions laid down by law to enter into deals with close relatives; to the persons entitled by law to decide on the issues of citizenship of the Republic of Lithuania for making decisions on the issues.
- The data of the Register shall be considered correct until it is not declared voidable according to the procedure established by laws. Article
- Processing of the Register Data
- The Register data shall be processed in compliance with this Law, the Law of the Republic of Lithuania on State Registers and the Law of the Republic of Lithuania on Legal Protection of Personal Data, the regulations of the Register.
- The data submitted to the Register shall be documented. The data about the person shall be collected, recorded in the Register and updated according to the procedure established in the regulations of the Register .
- The territorial Register management bodies shall collect personal data, submit it to the Residents’ Register central database, issue documents on the basis of the database and shall submit the data according to the procedure established in the regulations.
- The data of the Register shall be accumulated and processed in the Register’s central database.
- The Register data shall be stored according to the procedure established in the Law of the Republic of Lithuania on Legal Protection of Personal Data, the Law of the Republic of Lithuania on State Registers, this Law and the regulations of the Register. Article
- The Use and Release of Register Data 1.The Register data shall be used and released according to this Law, the Law of the Republic of Lithuania on Legal Protection of Personal Data, the Law of the Republic of Lithuania on State Registers, and the regulations of the Register.
- The institutions managing state Registers or information systems, other state or municipal institutions or bodies of the Republic of Lithuania, using for the performance of their functions the personal data specified in Article 9 of this Law, shall update them according to the Register data.
- The institutions listed in paragraph 2 of this Article shall issue personal documents in which personal data is recorded according to the data of the Register central database. The data of the personal documents issued by the institutions shall comply with the data of the Register central database. The institution issuing specific personal documents shall have sole liability for that.
- The Register data shall be provided for reward, except in the cases established by the Law of the Republic of Lithuania on State Registers. The remuneration and methods of payment shall be established the Government.
- The documents with personal data provided by the Register management bodies shall have legal effect. Article
- Fundamental Rights of the Person whose Date are Processed in the Register 1.The rights of the person whose data are processed in the Register shall be regulated by this Law, the Law of the Republic of Lithuania on Legal Protection of Personal Data and the regulations of the Register.
- The person whose data is recorded in the Register, having submitted a personal document according to the procedure established by the Register regulations, shall have the right to: 1) inspect and obtain the document with his own data, the data of his minor children and adopted children, as well as the data about persons placed under guardianship or custodianship; 2) request to specify in the Register the inaccurate data about himself, his minor children and adopted children, as well as persons placed under guardianship or custodianship; 3) file a claim with the leading Register management body about the refusal of the territorial Register management body to provide or specify the requested Register data. In case of disagreement with the decision of the leading Register management body, the person shall have the right to file a complaint against it with the State Data Protection Inspectorate, and against the response of the State Data Protection Inspectorate - with the court according to the procedure established by laws. Article
- Data Providers, their Fundamental Rights and Duties
- The data shall be provided to the Register by the institutions who are granted the right by the laws of the Republic of Lithuania to register the data listed in Article 9 of this Law and any changes thereof.
- The rights and duties of data providers shall be regulated by this Law and the regulations of the Register.
- The data providers shall have the right to request correction of all data erroneously recorded in the Register.
- The data providers shall: 1) submit data to the bodies managing the Register according to the procedure established by this Law, the Law of the Republic of Lithuania on State Registers, the Law of the Republic of Lithuania on Legal Protection of Personal Data and the regulations of the Register; 2) ensure that the submitted data is correct, complete, in conformity with the documents, constantly kept up to date according to the procedure established by the Register; 3) reconcile the procedure of data submission to the Register with the leading Register management institution; 4) reply to the questions submitted by Register management bodies, where it is necessary to substantiate the correctness of the data provided to the Register. Article
- Protection of the Register Data
- The bodies managing the Register shall ensure the protection of the data of the Register as required by the laws of the Republic of Lithuania and other legal acts.
- The employees of the Register management bodies shall sign commitments that they will preserve the secrecy of personal data and act without prejudice to this Law and the Law on Legal Protection of Personal Data. Article
- Financing of the Register State budget funds and funds obtained for the provision of Register data according to the procedure established in paragraph 4 of Article 11 of this Law shall be used to set up and the maintain Register. Article
- Reorganisation and Liquidation of the Register The Register shall be reorganised or liquidated according to the procedure established by the laws of the Republic of Lithuania. Article
- Liability and Compensation of Damage
- Persons who violate this Law shall be held liable according to the procedure established by laws.
- Damage suffered as a result of actions performed by data providers, Register management bodies or data recipients shall be compensated according to the procedure established by laws. The damage shall not be compensated for if the persons who suffered the damage have themselves provided erroneous data to the Register management bodies. Article
- Entry into Force of the Law and its Implementation This Law shall enter into force as of 1 July
- I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS