ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 24, 2012 No. 328

About approval of the Regulations on the organization and functioning of the automated information system "Register of Criminalistic and Criminological Information"

For the purpose of execution of provisions of the Law No. 216-XV of May 29, 2003 on the Integrated automated information system of the crime reporting, criminal cases and persons who committed crimes (The official monitor of the Republic of Moldova, 2003, Art. No. 170-172, 695) DECIDES: the Government

1. Approve Regulations on the organization and functioning of the automated information system "Register of Criminalistic and Criminological Information" it (is applied).

2. To provide to the ministries and other bodies of public management within the assigned competences fulfillment of requirements of the specified Provision.

3. To perform the organization and functioning of the automated information system "Register of Criminalistic and Criminological Information" for the account and within the financial resources allocated to the Ministry of Internal Affairs, other ministries and the central administrative authorities from the government budget and also at the expense of the special means provided by the current legislation.

4. Information exchange of participants of the Integrated automated information system of the crime reporting, criminal cases and persons who committed crimes and also with similar bodies of other countries is provided on the basis of the corresponding international agreements and agreements.

5. To impose control over the implementation of this resolution on the Ministry of Internal Affairs.

Approved by the Order of the Government of the Republic of Moldova of May 24, 2012 No. 328

Regulations on the organization and functioning of the automated information system "Register of Criminalistic and Criminological Information"

I. Basic provisions

1. The regulations on the organization and functioning of the automated information system "Register of Criminalistic and Criminological Information" (further - the Provision) establish procedure for creation and functioning of information resource of law enforcement agencies as component of national information system, procedure for information support of law enforcement agencies in fight against crime and corruption by use of operational and reliable information about crimes, criminal cases, and also persons who committed crimes and other objects which are subject to accounting, requirements for data protection in case of collection, accumulating, updating, storage, processing and data transmission of criminal nature.

2. The concepts used in this Provision have the values provided in Art. 2 of the Law No. 216-XV of May 29, 2003 about the Integrated automated information system of the crime reporting, criminal cases and persons who committed crimes, and Concepts of the automated information system "Register of Criminalistic and Criminological Information" approved by the Order of the Government No. 633 of June 6, 2007.

In this Provision also following basic concepts are applied:

the administrator of the Register - the division responsible for management and operation of information resources of the Register;

authentication - check of the identifier appropriated to the subject of access, authenticity confirmation;

complex of means program and the hardware - complex of the program and technical resources necessary for providing with information;

identification - assignment of the identifier to subjects and access objects and/or comparison of the provided identifier with the list of the appropriated identifiers;

integrity - reliability, consistency and relevance of information containing personal data, protection it from damage and unauthorized change;

participants of the Register - criminal prosecution authorities, managements and implementation of criminal prosecution, degrees of jurisdiction, bodies of probation and bodies of execution of criminal penalty;

recovery of data - procedures for reconstruction of data of criminal nature to condition in which they were until loss or destruction;

storage - accumulating of data of criminal nature on any carriers;

data carriers - magnetic, optical, laser or other carriers of electronic information to whom it is created, established, transferred information of criminal nature and which allow its reproduction and further use turns out, saved or used;

maintaining the Register - set of the measures aimed at providing functioning of software and hardware complex and administration of information resource of the automated information system;

the user - physical person or legal entity which service duties assume the actions connected with provision, obtaining, storage, and also use of information of criminal nature.

3. The register of criminalistic and criminological information (further - the Register) as the specialized information resource created based on the Integrated automated information system of the crime reporting, criminal cases and persons who committed crimes (further - Systems), includes set of the systematized information of criminal nature.

4. The register creates common information space and is the single official source of information of criminal nature for participants of the Register and for all information systems of bodies of the central public management which use and process such types of data. Data of the Register are considered correct and reliable until in the procedure established by the law the return is proved.

II. Subjects of legal relationship in the field of creation and functioning of the Register

5. The register of criminalistic and criminological information is interdepartmental and belongs to the state registers. Owner of the Register is the state.

6. The Ministry of Internal Affairs is the owner of the Register and provides legal, organizational and financial conditions for its creation and maintaining.

7. Holder of the Register is the specialized division of the Ministry of Internal Affairs to which the owner of the Register delegated the corresponding functions. The holder of the Register manages the Register and independently resolves all issues connected with its functioning, except for questions which, according to the Provision, enter competence of other participants of the Register.

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