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LAW OF THE REPUBLIC OF MOLDOVA

of December 19, 2002 No. 1549-XV

About the state dactyloscopic registration

(as amended on 15-11-2018)

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Law purposes

(1) This law establishes the purposes, the principles, types and the main requirements to the state dactyloscopic registration, and also procedure for storage and use of dactyloscopic data.

(2) Operation of this law does not extend to the relations arising in case of collection of dactyloscopic data during registration and issue of the identification documents containing biometric data.

Article 2. Basic concepts

In this law the following basic concepts are used:

the state dactyloscopic registration - the activities for obtaining, accounting, storage, classification, systematization and issue of dactyloscopic data, establishment and confirmation of the identity of the person performed by authorized bodies;

dactyloscopic data – images of fingerprints, images of invisible fingerprints, images of prints of palms, images of invisible prints of palms, and also the coded private signs of such images which are stored and processed in the electronic database;

the material carrier - the dactyloscopic card on paper, the digital data carrier or other electronic means containing dactyloscopic data;

information array - the systematized set of the dactyloscopic data containing on papers and/or electronically in databank.

Article 3. Principles of the state dactyloscopic registration

(1) the State dactyloscopic registration (further - dactyloscopic registration) is carried out on the principles of legality, humanity, confidentiality, with observance of the human rights and freedoms affirmed by the Constitution of the Republic of Moldova, other laws, and also international treaties, one of the parties of which is the Republic of Moldova.

(2) Dactyloscopic registration shall not constitute health hazard of the person, degrade his honor and advantage.

(3) no direct or indirect restriction of human rights and freedoms on the basis of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status or social origin, education, nature of occupations, the residence or for other reasons is allowed.

Article 4. Purposes of dactyloscopic registration

Dactyloscopic registration is carried out for establishment and confirmation of the identity of the person for the purpose of protection of the rights, freedoms and legitimate interests of physical persons and legal entities, protection of interests of society and the state.

Article 5. Legal basis of dactyloscopic registration

(1) Organa, performing dactyloscopic registration, the regulations regulating activities for the organization of dactyloscopic registration, application of methods and procedure for obtaining, accounting, storage, classification, systematization and issue of dactyloscopic data publish within the competence and with observance of provisions of this law.

(2) If international treaties in the field, one of the parties of which is the Republic of Moldova, others are established, than provided by this law, provisions, the international standards have priority.

Article 6. Categories of persons which are subject to dactyloscopic registration

Dactyloscopic registration of the following categories of persons is carried out:

a) citizens of the Republic of Moldova;

b) the foreigners who are living in the territory of the Republic of Moldova or arrived to the Republic of Moldova in search of shelter and submitted the petition for provision of political or other asylum or for provision of the status of the refugee (further - foreigners);

c) Ceased to be valid according to the Law of the Republic of Moldova of 19.12.2011 No. 260

Article 7. Use of dactyloscopic data 

The dactyloscopic data obtained as a result of carrying out dactyloscopic registration are used for:

a) search and identification of missing citizens of the Republic of Moldova and foreigners;

b) establishments on unknown corpses of the identity of the person;

c) establishments and/or confirmations of the identity of citizens of the Republic of Moldova and foreigners if it is not possible to make it different way;

d) prevention and fight against crime.

Article 8. Types of dactyloscopic registration

(1) Dactyloscopic registration can be voluntary or obligatory.

(2) Nobody can be forced to undergo obligatory dactyloscopic registration, except persons specified in Article 10.

Article 9. Voluntary dactyloscopic registration

Citizens of the Republic of Moldova and foreigners have the right to voluntary dactyloscopic registration which is carried out according to requirements of Article 11.

Article 10. Obligatory dactyloscopic registration

(1) are subject to Obligatory dactyloscopic registration:

1) the citizens of the Republic of Moldova serving in:

a) Ministry of Internal Affairs;

b) Ministry of Defence;

c) To service of information and safety;

d) To service of the state protection;

e) ceased to be valid according to the Law of the Republic of Moldova of 26.12.2012 No. 304

f) National penitentiary administration;

g) To prosecutor's office;

h) National center for fight against corruption;

i) To Customs Service;

j) To the State Tax Service;

2) members of crews of the national and private aircrafts of the Republic of Moldova;

3) persons managing vehicles except persons who refused the state identification number and the automated accounting of personal data;

4) the citizens of the Republic of Moldova leaving for the purpose of employment of the country;

5) the citizens of the Republic of Moldova and foreigners not capable for health reasons or I will increase to report data on the personality if it is not possible to establish these data otherwise;

6) the citizens of the Republic of Moldova and foreigners who are under examination, accused of crime execution or condemned for crime execution, and also the faces subjected to arrest for offense;

7) the foreigners who arrived to the Republic of Moldova in search of shelter and submitted the petition for provision of political or other asylum or for provision of the status of the refugee by it.

(2) all unknown corpses are subject to Obligatory dactyloscopic registration.

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