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LAW OF THE REPUBLIC OF MOLDOVA

of September 11, 2020 No. 185

About the Automated information system of accounting of offenses, cases on offenses and persons who made offenses

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject to regulation

This law establishes the basic rules and conditions of creation and functioning of the Automated information system of accounting of offenses, cases on offenses and persons who made offenses, and also the rights and obligations of participants of this system.

Article 2. Basic concepts

For the purposes of this law the following concepts are used:

The automated information system of accounting of offenses, cases on offenses and persons who made offenses (further - System) - the set of the interconnected information resources and technologies, program technical means, methodologies intended for storage, processing and use of information of pravonarushitelny nature within System and also for single accounting of offenses;

registration - information input in System with assignment of sequence number by everyone;

person responsible for accounting of offenses - the employee of the subject participating in System to whom the order of the head or other relevant act delegated the powers connected with realization within competences of provisions of this law, or where it is applicable, the stating subject which initiated production about offense or constituted the protocol on offense;

information of pravonarushitelny nature - information on the registered offenses, cases on offenses, persons concerning whom production about offense, the applied measures of procedural coercion, the applied punishments and situation for their execution, including information on other categories of persons taken on centralized accounting according to this law and the Regulations on single accounting of offenses, cases on offenses approved by the Government and persons who made offenses was initiated;

the document of accounting - the standardized official document with the appropriated unique numbering or without it by means of which the offense is established and/or is allowed case on offense using punishment for offense or without it, and also the registers of accounting and other documents which are stored exclusively on paper, provided by the Regulations on single accounting of offenses, cases on offenses approved by the Government and persons who made offenses;

the statistic report - the document generated by System, possible for setup and disaggregation as required participants, containing summarized information on situation with offenses, the registered offenses, results of hearing of cases on offenses, and also on execution of the applied punishments;

protection and safety of information (data) - the activities aimed at safety and neotrekayemost of information (data) and also the technical, program and physical information security (data) from internal and external threats aimed at providing desirable level of integrity, exclusiveness, availability and efficiency of information security (data) from risks of loss, misstatement, damage and unauthorized use;

information neotrekayemost - impossibility of participants of exchange of information within System to deny sending, obtaining, certification or processing somehow of information after its registration.

Article 3. Registration and updating of information in System

Registration and updating of information in Sistema is performed by each participant Sistemy according to the terms and procedure established in the Regulations on single accounting of offenses, cases on offenses approved by the Government and persons who made offenses.

Article 4. Ensuring protection and safety of information

(1) Ensuring protection, safety and integrity of information containing in Sistema, and also direct access to this information with compliance with law on personal data protection and the Requirements for safety of personal data approved by the Government in case of their processing in information systems of personal data is performed by each participant Sistemy independently according to the legislation.

(2) Participants of System by means of the adequate technical and organizational measures protect the collected information, hardware and software products used for its administration, providing confidentiality of the data containing in System and their safety from risks of loss, destruction, change, blocking, copying, distribution, and also from their unauthorized use or disclosure.

(3) Within the transactions performed in System on processing of personal data observance of the rights to access to their personal data, on intervention in these data, on counteraction to processing of these data and on access to justice according to the legislation on personal data protection is provided to physical persons.

Article 5. Financing of System

Financing of creation, implementation, functioning and development of System is performed for the account and within the means approved in the national public budget, and also from other sources which are not prohibited by the law.

Chapter II Principles of functioning of System. Functions of System

Article 6. Principles of functioning of System

Functioning of System is performed on the basis of the following principles:

a) single accounting and centralized registration of offenses, cases on offenses and persons who made offenses;

b) use of documents of accounting;

c) justification and timeliness of submission of information, completeness and reliability of the provided information;

d) the authorized and limited access to information;

e) protection and safety of information, including personal data;

f) control of use of information;

g) quality assurance of information.

Article 7. Functions of System

The system performs the following functions:

1) collection, registration, processing, storage and updating of information of pravonarushitelny nature, and also archiving of the actions made within System;

2) providing at the national level of single accounting:

a) the offenses and persons who made offenses, and also the taken-out determinations and decisions on cases on offenses;

b) cases on offenses;

c) information of pravonarushitelny nature;

3) providing with operational and statistical information state bodies and bodies of the public power;

4) ensuring exchange of information of pravonarushitelny nature between the stating subjects and other bodies of the public power within the competence, and also similar bodies of other countries with which the relevant agreements were signed;

5) supervision of respect for discipline of registration and accounting of the offenses and faces which made offenses, other information of pravonarushitelny nature and also provision of information for development and implementation of measures of timely response to negative tendencies and manifestations;

6) ensuring organizational support of activities of the stating subjects which are directly performing functions of accounting of information of pravonarushitelny nature;

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