ADMINISTRATIVE DIRECTION NO. 2000/8

UNMIK/DIR/2000/8

27 April 2000

 

 

IMPLEMENTING UNMIK REGULATION NO. 2000/13 ON THE CENTRAL CIVIL REGISTRY

 

 

The Special Representative of the Secretary-General (SRSG),

 

Pursuant to the authority given to him under Section 8 of United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 2000/13 of 17 March 2000 on the Central Civil Registry,

 

Taking into account UNMIK Regulation No. 2000/21 of 18 April 2000 on the Establishment of the Central Election Commission and UNMIK Administrative Direction No. 2000/5 of 6 April 2000 Implementing UNMIK Regulation No. 2000/13,

 

Hereby gives the following Administrative Direction:

 

 

Section 1

OBJECTIVES OF CIVIL REGISTRATION IN THE INITIAL REGISTRATION PERIOD

 

1.1       In the initial registration period, UNMIK shall undertake to create a register of habitual residents of Kosovo, and to issue to those habitual residents who register, identity cards confirming their status.

 

1.2       UNMIK shall, at the same time, undertake to register eligible voters residing both within Kosovo and outside of Kosovo to enable them to vote in municipal elections conducted under the authority of UNMIK.

 

1.3       The identity cards referred to in section 1.1 may be used, inter alia, as a basis for obtaining travel documents issued by UNMIK.

 

 

Section 2

DEFINITIONS

 

For the purposes of this administrative direction, the following definitions will apply:

 

“Civil registration” is a continuous process that gathers, screens, documents, files, secures, corrects, updates, and establishes information on the occurrence of vital events as they relate to the civil status of individuals.  It is characterised by the legal documents that it produces, such as birth, marriage and death certificates.  The initial stages of this continuous process will be to identify the population of habitual residents of Kosovo aged 16 years and above; to create a registry of habitual residents; and to issue identity cards containing biometric and photographic data to those registered;

 

“Initial registration period” means the period of time, to be announced by the SRSG, or his or her designee, in which the Head of Registration exercises delegated powers in accordance with UNMIK Administrative Direction No. 2000/5;

 

“Central Civil Registry” is the office within UNMIK responsible for civil registration activities in Kosovo;

 

“Habitual residents of Kosovo” are those individuals meeting the criteria set forth at section 3 of UNMIK Regulation No. 2000/13;

 

"Reestablishment in Kosovo” is a term used in connection with those individuals who have recently returned or arrived in Kosovo and who apply for the status of habitual resident. For the initial registration period, it shall mean actual physical presence in Kosovo and a demonstrable intent to live and work in Kosovo;

 

“Civil eligibility”, as opposed to voter eligibility, shall mean eligibility to be included on the register of habitual residents of Kosovo;

 

“Register of habitual residents of Kosovo” is a listing of individuals registered in the Central Civil Registry;

 

“Central database” means the collection of all data collected at the database of the Central Civil Registry in Pristina, including biographic and biometric data, stored in any form, including but not limited to ZIP cartridges, main server, optical disk, and floppy disk;

 

"Data processing" means any operation or set of operations performed on the central database, including the collecting, collating, storage, retrieval, organisation, reporting, filtering, querying, updating or modification, merging, or disseminating in magnetic, printed or other media;

 

“Voters’ register” or “voters’ list” is a listing of those individuals who are registered to vote in elections conducted under the authority of UNMIK, as contained in the central database of the Central Civil Registry.  Extractions from the voters register, also referred to as the voters’ register or voters’ lists, may, at various times and for various purposes, be published according to the unit of which a registered voter is a part, such as a municipality, registration centre or polling station;

 

“Civil Registrar” is the official appointed by the SRSG in accordance with UNMIK Regulation No. 2000/13 to head the Central Civil Registry;

 

“Joint Registration Taskforce” is a body responsible for conducting civil and voter registration during the initial registration period;

 

“Head of Registration” is the individual appointed by the SRSG who directs the work of the Joint Registration Taskforce;

 

“Personal data” is any information relating to an identified or identifiable natural person;

 

“Data subject” is an identified or identifiable natural person whose data has been collected and stored under UNMIK Regulation No. 2000/13 and this Administrative Direction;

 

“Applicant” shall mean any individual who applies to be registered as a habitual resident of Kosovo and/or as an eligible voter;

 

“Applicant’s consent” shall mean any freely given and informed indication that he or she agrees to the collection and processing of data relating to him or her;

 

“Biometric data” is information collected from applicants by digital fingerprint processing.  It includes photographic data;

 

“Photographic data” is information related to digital or other photographic imagery;

 

“Controller” is the person responsible for the safeguarding and proper use of personal data collected under civil registration;

 

“Recipient” is a natural or legal person, public authority, agency or any other entity to which personal data are disclosed;

 

“Registration Appeals Commission” is a body established under UNMIK Regulation No. 2000/13;

 

 “Status decision” shall mean, in the case of an application by an individual to be included in the register of habitual residents of Kosovo, the final administrative decision of the Head of Registration or his or her designee, regarding the eligibility of such individual to be so included; and, in the case of an application by an individual to be included in the voters’ list, the final administrative decision of the designated authority regarding the eligibility of such individual to be so included;

 

“FRY” means the Federal Republic of Yugoslavia;

 

“Registration centre” means a site designated by the Joint Registration Taskforce for receiving and processing applications for civil and voter eligibility; and

 

“Municipal records centre” means a site established by the Joint Registration Taskforce to research records that may assist applicants in proving their civil and voter eligibility.

 

 

Section 3

HEAD OF REGISTRATION

 

3.1       The Head of Registration is responsible for the conduct of civil registration during the initial registration period, as provided by UNMIK Administrative Direction No. 2000/5.

 

3.2       The Special Representative of the Secretary-General shall be the Controller of all personal data collected and processed. However, during the initial registration period, the authority and responsibilities of the Controller shall be delegated to the Head of Registration.

 

3.3       The Head of Registration, reporting to the Deputy Special Representative of the Secretary-General for Civil Administration and to the Deputy Special Representative of the Secretary-General for Institution Building, shall direct the Joint Registration Taskforce.  In discharging his responsibilities the Head of Registration will consult with the Civil Registrar.

 

Section 4

JOINT REGISTRATION TASKFORCE

 

4.1       The Joint Registration Taskforce (JRT) is a joint administrative structure composed of elements of UNMIK Pillars II and III established to conduct civil and voter registration during the initial registration period.

 

4.2       The areas of responsibility of the JRT include, but are not limited to, the following:

 

(a)    Registration Procedures;

 

(b)   Assignment and training of civil registration staff;

 

(c)    Personnel management;

 

(d)   Database development and training;

 

(e)    Co-ordination and compilation of records affecting civil status;

 

(f)     Co-ordination of Field Operations;

 

(g)    Status decisions regarding registration as habitual residents of Kosovo;

 

(h)    Printing and issuance of identity cards;

 

(i)      Co-ordination of out-of-Kosovo voter registration;

 

(j)     Co-ordination of security for civil registration process;

 

(k)   Logistic and administrative support; and

 

(l)      Safeguarding and use of information collected in the registration process.

 

 

Section 5

SCOPE OF REGISTRATION

 

5.1       Habitual residents of Kosovo, and those seeking to be considered habitual residents of Kosovo, shall apply to be registered at registration centres throughout Kosovo.  The JRT will announce the location of the centres and the dates that they will be processing applications.

 

5.2       During the initial phase of registration, only those individuals aged 16 years or older as of the last day of the initial registration period will be permitted to apply under section 5.1, above.

 

5.3       During the initial registration period, individuals residing outside Kosovo will not be entitled to register as habitual residents of Kosovo.

 

5.4       Individuals who otherwise meet the criteria for civil eligibility and who currently reside outside of Kosovo, may nonetheless apply for inclusion on voters’ lists for municipal elections to be conducted by UNMIK in accordance with the eligibility requirements set forth in UNMIK Regulation No. 2000/21.  Procedures for out-of-Kosovo applications will be announced by the JRT.

 

5.5       Applicants from within Kosovo seeking inclusion on the register of habitual residents of Kosovo will, at the same time, be considered for inclusion on the voters lists for elections to be conducted by UNMIK in accordance with UNMIK Regulation No. 2000/21.

 

5.6       The JRT will conduct on-site registration of persons incarcerated within Kosovo under administration of UNMIK.

 

5.7       With the exception of the on-site program referred to in section 5.6, registration applications during the initial registration period will be processed only at the designated registration centres referred to in section 5.1.

 

 

Section 6

GENERAL PROCEDURES FOR APPLICANTS SEEKING INCLUSION ON THE REGISTER OF HABITUAL RESIDENTS OF KOSOVO AND VOTERS’ REGISTER

 

6.1       The JRT shall publicise the locations of registration centres and the dates and times that they will be accepting applications.

 

6.2       Applicants seeking inclusion on the register of habitual residents of Kosovo and the voters register shall apply in person at the designated registration centre in the municipality in which they currently reside during the time period and hours that the registration centres are accepting applications.

 

6.3       Applicants shall bring with them to the registration centres available documents that will assist in proving their identity, civil eligibility and voter eligibility, as described in section 7, and present these documents to registration centre staff for their inspection and review.

 

6.4       An applicant will be interviewed by registration staff who will assist the applicant in filling out an application form. The applicant will also be asked to: (a) submit a digital fingerprint sample on equipment operated by registration centre staff; (b) to have a digital photograph taken; and (c) to allow registration staff to measure his or her height.

 

6.5       Information on the applicant, including the digitised fingerprint and photograph data, will be sent to the central database for a check of the information and entry into the database.

 

6.6       An applicant who has produced sufficient documentation to establish his or her identity and civil eligibility will be provided a numbered receipt, and will be informed as to where and when to pick up his or her identity card.

 

6.7       Receipt of the identity card constitutes confirmation that the applicant has been accepted for inclusion on the register of habitual residents of Kosovo.

 

6.8       An applicant who has not produced sufficient documentation to establish his or her identity, civil eligibility and/or voter eligibility, will be advised by registration centre staff of review and inquiry procedures.

 

6.9       An applicant whose civil eligibility is rejected after a check of the information at the central database shall be given written notice of the reasons for the decision, and be informed of procedures for challenging the decision.

 

6.10     Sections 7 through 10 of this administrative direction provide further details on establishing identity, and civil and voter eligibility during the initial registration period.

 

 

Section 7

PROVING IDENTITY

 

7.1       An applicant must prove his or her identity as a condition precedent to establishing civil eligibility.

 

7.2       An applicant may prove his or her identity by presenting to registration centre staff any one of the following documents containing the applicant’s photograph:

           

(a)    FRY Identity Card;

 

(b)   FRY Passport;

 

(c)    University Booklet;

 

(d)   Military Booklet;

 

(e)    FRY Driving License;

 

(f)     Foreign Identity Card;

 

(g)    Foreign Passport;

 

(h)    Foreign Driving License; or

 

(i)      Official Refugee Identification Document.

 

7.3       Registration centre staff shall review the documents listed in  section 7.2, evaluate their validity and determine if they belong to the applicant. On the basis of this review and evaluation, registration centre staff shall decide if they are sufficient to prove the identity of the applicant.

 

7.4       If an applicant is unable to present any of the items set forth in section 7.2, registration centre staff may consider other documents, and the statements of witnesses, as evidence of identity in accordance with JRT procedures, consistent with section 4 of UNMIK Regulation No. 2000/13.

 

7.5       In those cases where an applicant cannot prove his or her identity at the registration centre, a review under section 11 of this direction may be initiated.

 

 

Section 8

ESTABLISHING CIVIL ELIGIBILITY

 

8.1       In order to be registered on the register of habitual residents of Kosovo, an applicant must meet one of the criteria set forth at paragraphs (a) through (d) of section 3 of UNMIK Regulation No. 2000/13.

 

8.2  Specifically, an applicant must prove one of the following:

 

(a)    The applicant was born in Kosovo;

 

(b)   At least one of the applicant’s parents was born in Kosovo;

 

(c)    The applicant has resided in Kosovo for a continuous period of five years or more;

 

(d) The applicant, who in the opinion of the Civil Registrar or the Head of Registration, was forced to leave Kosovo, and, for that reason, is unable to meet the residency requirement in the preceding sub-paragraph;

 

(e) If, at any time during the initial registration period, the applicant is an otherwise ineligible dependent child under the age of 18 years of a person who has been accepted for inclusion on the register of habitual residents of Kosovo; or

 

(f) If, at any time during the initial registration period, the applicant is an otherwise ineligible dependent child under the age of 23 years of a person who has been accepted for inclusion on the register of habitual residents of Kosovo, and is in full-time attendance at a recognised educational institution.

    

 

8.3      In determining if an applicant has established civil eligibility under the criteria set forth at 8.2 (a) through (f), the registration centre staff shall review and evaluate the documents presented by the applicant at the registration centre.  Depending upon the criterion under which an applicant seeks to establish eligibility, acceptable documentation may include the documents listed in section 7.2 for proving identity, or other documents, as appropriate, in accordance with JRT procedures, consistent with UNMIK Regulation No. 2000/13.

 

8.4       In addition to the evaluation and review of documents presented by applicants at the registration centre, registration centre staff may consider the statements of witnesses.

 

8.5       In those cases where an applicant cannot prove his or her civil eligibility at the registration centre, a review under section 11 of this direction may be initiated.

 

 

 

Section 9

ESTABLISHING VOTER ELIGIBILITY – APPLICANTS RESIDING WITHIN KOSOVO

 

9.1       As a general rule, current residents of Kosovo must be registered in the Central Civil Registry in order to have the right to vote in the first municipal elections to be conducted under the authority of UNMIK.  The Special Representative of the Secretary-General, as appropriate, may create exceptions to this general rule.

 

9.2       Pursuant to UNMIK Regulation No. 2000/21, an applicant currently residing in Kosovo who meets the criteria for civil eligibility shall have the option to vote in either:

 

(a) The municipality of his or her residence on January 1, 1998; or

 

(b) The municipality in which he or she currently resides.

 

9.3       An applicant, in order to exercise the option referred to in section 9.2, must present to registration centre staff evidence of current or former residence, as appropriate.

 

9.4       In determining the sufficiency of the evidence referred to in section 9.3, registration centre staff will follow applicable JRT procedures, which shall be consistent with applicable provisions in regulations, administrative directions and electoral rules governing or implementing voter eligibility.

 

9.5       In those cases where an applicant cannot prove his or her voter eligibility at a registration centre, a review under section 11 of this direction may be initiated.

 

 

Section 10

ESTABLISHING VOTER ELIGIBILITY – APPLICANTS RESIDING OUTSIDE OF KOSOVO

 

10.1     In accordance with applicable regulations and administrative directions, only those persons meeting the criteria for civil eligibility may vote in the first municipal elections to be conducted under the authority of UNMIK.

 

10.2     An applicant meeting the criteria for civil eligibility who has left Kosovo on or after 1 January 1998, and resides outside of Kosovo, may register to vote in the municipality in which he or she lived on said date.

 

10.3     The International Organization for Migration (IOM), under the direction of the JRT, will conduct voter registration for applicants from outside Kosovo, in accordance with applicable regulations and administrative directions. Both mail-in and in-person registration are to be conducted.

 

10.4     The documentation and evidence referred to in sections 7 through 10, may be used for proving identity and voter eligibility for those applying under this section.

 

10.5     A review under section 11 may be initiated in appropriate circumstances.

 

 


Section 11

REVIEW AND INQUIRY

 

11.1     In those cases where an applicant has failed to provide sufficient documentary evidence with respect to identity, civil eligibility, and/or voter eligibility, a review procedure may be initiated.

 

11.2     The review may involve a search of documents collected and compiled by the JRT, and/or a search of a database created by the JRT for information that may assist the applicant in proving identity, civil eligibility and/or voter eligibility.

 

11.3     For those applicants applying at registration centres from within Kosovo, registration centre staff will notify them of the initiation of the procedure, and inform them of the date upon which to return to the registration centre for further processing.

 

11.4     An applicant referred to in section 11.3 will be asked to return to the registration centre on the appointed date with two witnesses who are qualified to testify as to the matter in question.

 

11.5     In those exceptional cases, as determined by the Head of Registration, where witness testimony is the primary evidence for proving the matter in question, and in other cases where the evidence is suspect, the applicant will be subject to an inquiry.

 

11.6     An applicant subject to an inquiry may be required to answer a series of questions at the registration centre by JRT staff.  JRT staff will submit a written report, based on the answers to such questions, to the Head of Registration.

 

11.7     The Head of Registration, in consultation with a special investigative unit within JRT, will determine whether to continue or terminate the inquiry.

 

11.8     An inquiry may include a field investigation in order to establish the applicant’s identity, civil eligibility, and/or voter eligibility, and to determine if the applicant in question made a fraudulent submission.

 

11.9     Applicants referred to in section 11.5 will be notified of any review and/or inquiry and be given instructions as to further requirements for processing the application.

 

11.10   For those applicants outside of Kosovo, a review and/or inquiry may also be initiated, in accordance with JRT procedures.

 

 

Section 12

STATUS DECISION

 

12.1     An applicant shall be notified of the status decision regarding his or her civil and voter eligibility.

 

12.2     Issuance of an identity card shall constitute notice that the applicant has met the requirements for civil eligibility, and is included on the register of habitual residents of Kosovo.

 

12.3     Inclusion on the published voter register shall constitute notice that the applicant has met the requirements for voter eligibility.

 

12.4     An applicant who has failed to prove his or her civil and/or voter eligibility shall have the right to a written notification of the status decision, and the reasons therefore. An applicant so notified will be provided with instructions on how to appeal or otherwise challenge the decision.

 

 

Section 13

RECONSIDERATION BY THE CIVIL REGISTRAR

 

13.1     Notwithstanding an affirmative status decision under section 12.2, the Civil Registrar may reconsider a registrant’s inclusion on the register of habitual residents of Kosovo if presented with new evidence that the decision was based on false, misleading or otherwise unsatisfactory evidence.

 

13.2     New evidence, as referred to in section 13.1, may include, but is not limited to, information obtained as a result of inquiries conducted under Section 11, or the confirmation and challenges period under section 15.

 

13.3     The Civil Registrar, in evaluating the new evidence, may make a determination that the registration of the registrant be revoked. In such cases, the Civil Registrar shall provide the person with written notification of the determination, and the reasons therefore.

 

13.4     A registrant affected by a revocation determination of the Civil Registrar may file an appeal with the Registration Appeals Commission.

 

 

Section 14

APPEALS OF STATUS DECISIONS

 

14.1     An applicant who has received a status decision that he or she has failed to meet the requirements for civil eligibility may file an appeal with the Registration Appeals Commission in accordance with this body’s published Rules of Procedure.

 

14.2     Notwithstanding an affirmative status decision under section 12.2, the Registration Appeals Commission may grant leave to appeal to third parties who can show by clear and compelling evidence that a registrant’s inclusion on the register of habitual residents of Kosovo was based on false, misleading or otherwise unsatisfactory evidence.

 

14.3     An applicant who has established his or her civil eligibility, but who has received a status decision that he or she has failed to meet the requirements for voter eligibility, may file an appeal in accordance with applicable administrative directions, electoral rules and relevant procedures implementing UNMIK Regulation No. 2000/21.

 

 


Section 15

CONFIRMATION, ADDITIONS AND CHALLENGES PERIOD

 

15.1     The Head of Registration, in accordance with applicable administrative directions and relevant procedures implementing UNMIK Regulation No.2000/21, shall announce the dates for a confirmations and challenges period to be held subsequent to the initial period of registration.

 

15.2     During the period referred to in section 15.1, voters’ lists will be made available for public scrutiny at designated confirmation centres within Kosovo.

 

15.3     In accordance with applicable administrative directions and relevant procedures implementing UNMIK Regulation No. 2000/21, there will be an opportunity for applicants who have registered with the Central Civil Registry to:

 

(a)    Confirm and verify the accuracy of their voter registration information;

 

(b)   Request that any mistakes regarding their voter registration information be corrected; and

 

(c)    If their names have been left off the voters lists, to request that they be added.

 

15.4 In accordance with the administrative directions and procedures referred to in 15.3, third parties may submit an application to have a name deleted from the voters’ lists.

 

 

Section 16

PROTECTION OF DATA

 

16.1     During the initial registration period, the Head of Registration, the JRT, and all persons acting on behalf of the Head of Registration, are authorised to collect and process personal data on persons who seek to be registered as habitual residents of Kosovo and/or as voters.

 

16.2     The Special Representative of the Secretary-General shall be the Controller of all personal data collected and processed.  During the initial registration period, the legal authority and responsibilities of the Controller shall be delegated to the Head of Registration. The Controller shall be responsible for the safeguarding and lawful use of such personal data.

 

16.3     Personal data collected and processed during the initial registration period shall be:

 

(a)    Collected to assist in establishing the Central Civil Registry and/or voter eligibility, and used in accordance with the applicable law;

 

(b)   Relevant to establishing the Central Civil Registry and/or voter eligibility, and not excessive for this purpose;

 

(c)    Kept only as long as necessary for establishing the Central Civil Registry and/or voter eligibility;

 

(d)   Maintained accurately; and

 

(e)    Used only for the purpose of establishing the Central Civil Registry, voters’ register and for issuing travel documents, except where provided otherwise by a Regulation issued by the Special Representative of the Secretary-General because of important public interests.  However, further use of personal data for statistical purposes is permissible if such statistics are used by a competent public body and if the data is not reused for any administrative or other decisions concerning the data subject.

 

16.4     Inaccurate personal data shall be corrected without unnecessary delay.  However, if accuracy or inaccuracy, due to the phase of the processing of the data, cannot be established, a special notation indicating the provisional character of the personal data shall be made.

 

16.5     Personal data shall be deleted without unnecessary delay when it is no longer needed for the purposes set forth in this section, but not before the end of the initial registration period.

 

16.6     The categories of personal data to be collected during the initial registration period are:

 

(a)    The person’s photograph and fingerprints in digital form; and

 

(b)   The data specified in the registration form attached hereto as Annex I.

 

16.7     No other data may be collected or processed; provided however, that other data may be collected to establish proof of personal data in order to establish the person’s claim to registration.  Data collected to establish a claim to registration shall be kept in files documenting the registration procedure and shall not be entered in the Central Civil Registry.

 

16.8     A central database combining data from different sources, relevant for establishing the identity of habitual residents in Kosovo and/or voters, may be established and used during the initial registration period.  At the end of the initial registration period, as announced by the Special Representative of the Secretary-General, this central database shall be destroyed or, if there are competent civil authorities in place, handed over to such authorities pursuant to a Regulation issued by the Special Representative of the Secretary-General.  However, only data falling within the strict competence of such civil authority may be handed over.

 

16.9     Personal data collected during the initial registration period, as announced by the Special Representative of the Secretary-General, shall not be disclosed to third parties, except where:

 

(a)    The data subject asks the Controller to do so during the registration process in order to verify information necessary for registration;

 

(b)   The data subject files an appeal with the Registration Appeals Commission;

 

(c)    The data subject files an appeal with another body in order to verify information necessary for voter registration; or

 

(d)   The data subject applies for a travel document, a driving license or any other basic personal civil document and consents to the disclosure as part of the application process;

 

(e)    Such data has become part of the Central Civil Registry and/or a voter register or list and is open to public access pursuant to a Regulation or Administrative Direction issued by the Special Representative of the Secretary-General; or

 

(f)     A Regulation issued by the Special Representative of the Secretary-General provides for disclosure because of important public interests.

 

16.10   At the end of the initial registration period, as announced by the Special Representative of the Secretary-General, the JRT shall hand over all files relevant to registration to the Civil Registrar and destroy all other files unless otherwise decided by the Special Representative of the Secretary-General.

 

16.11   In order to protect personal data against accidental or intentional unlawful destruction, alteration, or disclosure, the Head of Registration shall take appropriate organisational and technical measures, including the following:

 

(a)    Announcing clear organisational rules about authority to give orders concerning the use of personal data;

 

(b)   Instructing staff members about their duties in order to guarantee lawful data processing;

 

(c)    Preventing physical and logical access to personal data by unauthorised persons; and

 

(d)   Documenting all access to personal data files in order to control legitimate use of such files.

 

16.12   No person gaining access to data, while acting on behalf of the Controller or the Head of Registration, or on behalf of an institution or body fulfilling the role of a processor for the Controller or the Head of Registration, shall disclose or use such data, unless so directed by the Controller or the Head of Registration.  The Controller, the Head of Registration, and any processor acting on their behalf, shall inform their staff about the obligations arising under this paragraph and shall have these persons sign a written statement that they have understood the obligations and will act accordingly.

 

16.13   The Controller or the Head of Registration may employ other public or private institutions or bodies as service processors only after these institutions or bodies have entered into a written agreement with the Controller or the Head of Registration, stipulating that the service processor will:

 

(a)    Use personal data only according to instructions given by the Controller or the Head of Registration;

 

(b)   Have in place all necessary data security measures and will employ only personnel bound to confidentiality by written agreement;

 

(c)    Employ other service processors only with the consent of the Controller or the Head of Registration;

 

(d)   Return all personal data to the Controller or the Head of Registration having performed the contractual tasks; and

 

(e)    Furnish all information to the Controller or the Head of Registration which is necessary to evaluate and control the performance of the service processor.

 

16.14   During the initial registration period, the data subject shall have access to all his/her data processed by the Controller and stored, whether electronically or in a manual file.  However, access can be denied where necessary to protect the interests of another data subject.  Such denials may be challenged by appealing to the Registration Appeals Commission.

 

16.15   A data subject has the right to demand correction of incorrect data.

 

16.16   A data subject has the right to demand that data be deleted because the storage is unlawful or no longer required for the purpose of inclusion on the Central Civil Registry and/or voters’ register.

 

16.17   In case of dispute between the data subject and the Controller about the accuracy of stored data or the obligation to delete such data, the data subject can appeal to the Registration Appeals Commission.

 

16.18   In order to ensure compliance with this section within the JRT, the Head of Registration shall designate a Data Protection Officer who will be in charge of questions of data protection.

 

 

Section 17

ENTRY INTO FORCE

 

The present administrative direction shall enter into force on 27 April 2000.

 

 

 

Bernard Kouchner

Special Representative of the Secretary-General