RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of August 17, 2010 No. 149

About approval of Rules of state registration of personal data information systems and cancellations of state registration

For the purpose of ensuring execution of Item 1.4 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About personal data" of June 4, 2010 the No. 275 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of state registration of personal data information systems and cancellation of state registration" (are applied).

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of August 17, 2010 No. 149

Rules of state registration of personal data information systems and cancellation of state registration

1. General provisions

1.1. Rules of state registration of personal data information systems and cancellation of state registration (further - Rules) are developed according to Item 1.4 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About personal data" of June 4, 2010, No. 275.

1.2. These rules establish rules of state registration and cancellation of state registration of personal data information systems (further - Information Systems) in the state register of personal data information systems (further - the State Register).

1.3. State registration and cancellation of state registration of Information Systems it is performed by the Ministry of Communications and Information Technologies of the Azerbaijan Republic (further - the operator Reestra).

1.4. Collection and personal data processing in Information Systems is allowed after their state registration, except as specified, the stipulated in Article 3.2 Laws of the Azerbaijan Republic "About personal data" (further - the Law).

1.5. Information systems undergo state registration separately.

1.6. Information on Information Systems which state registration is cancelled is archived according to the procedure, stipulated by the legislation.

1.7. Collection and personal data processing in Information Systems which state registration is cancelled are prohibited, and data in these systems shall be destroyed according to the procedure, established by the legislation.

2. Documents necessary for state registration of Information Systems

2.1. To receive state registration on Information Systems, to the operator Reestra can file petition (appendix No. 1) only the owner or the operator (further - the Applicant).

2.2. The applicant represents to the operator Reestra the filled corresponding form (further - the card of Registration) together with the statement (appendix No. 2).

3. State registration of the Information System

3.1. The operator Reestra accepts the documents for receipt of state registration of Information Systems submitted by the Applicant, notes in the special book, checks if there are no shortcomings or the bases for failure, according to the current legislation, since day of registration within one month:

* makes the decision on provision of state registration to the Information System;

* enters data on the Information System in the State Register;

* issues to the Applicant the Statement from the State Register (appendix No. 3).

3.2. The documents necessary for registration, can be also provided electronically and at the same time are signed by the strengthened digital signature. In this case the decision on registration of the Information System becomes effective after representation to the operator Reestra of the original document directed electronically or its notarized copy.

3.3. In case of detection of shortcomings of the submitted documents, the operator Reestra reports about it to the Applicant in writing within 5 working days.

3.4. After elimination by the Applicant of shortcomings or repeated submission of documents within one month the relevant decision is passed.

3.5. The operator Reestra in case of need can request the additional information for the purpose of refining of the data on the Information System provided by the Applicant or is direct get acquainted with the Information System.

3.6. If in registration data there are any changes, the owner within 3 working days shall provide data on it to the operator Reestra.

4. Cancellation of state registration of Information systems

4.1. The operator Reestra cancels state registration of Information Systems in the following cases:

4.1.1. in case of submission of the corresponding plea of nullity of state registration of the Information System by the owner (appendix No. 1);

4.1.2.pri availability of the relevant act of court;

4.2. If requirements to collection, processing and personal data protection within year are repeatedly violated, the operator Reestra can cancel state registration of Information Systems.

4.3. State registration of Information Systems loses legal force in the following cases:

4.3.1. in case of liquidation of state body or local government body, the legal entity who is the owner or the death of the physical person;

4.3.2. by transfer by the owner of the Information System which underwent state registration to property of other person.

4.4. In case of cancellation of state registration of the Information System, the statement from Reestr loses force and shall be returned to the operator Reestra.

5. State registration of the existing Information System

The information systems which are existing to the introduction of the Law in force and being subject according to requirements of the Law to obligatory registration shall undergo state registration no later than 1 (one) after entry into force of the Law.

6. Transitional provisions

The expert decision on passing of Information Systems and their project documents of state examination is provided after establishment of procedure for conducting similar state examination in the Azerbaijan Republic.

Appendix №1

to Rules of state registration of personal data information systems and cancellations of state registration

The application form for state registration of personal data information systems and cancellation of state registration

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