ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 28, 2014 No. 716

About approval of the Regulations on the Register of detainees, arrested and the condemned persons

In pursuance of provisions of the Law on the Integrated automated information system of the crime reporting, criminal cases and persons who committed crimes No. 216-XV of May 29, 2003 (The official monitor of the Republic of Moldova, 2003, Art. No. 170-172, 695), with subsequent changes and amendments, the Orders of the Government No. 770 of July 6, 2004. "About the Integrated automated information system of the crime reporting, criminal cases and persons who committed crimes (The official monitor of the Republic of Moldova, 2004, Art. No. 112-118, 934), with subsequent changes and amendments, the Orders of the Government No. 1202 of October 17, 2006. "About approval of the Concept of the integrated information system of law enforcement agencies" (The official monitor of the Republic of Moldova, 2006, Art. No. 168-169, 1293), with subsequent changes and amendments, and also provisions of the Order of the Government No. 25 of January 18, 2006. "About approval of the Concept of the Automated information system "The register of detainees, arrested and the condemned persons" (The official monitor of the Republic of Moldova, 2008, Art. No. 21-24, 108), with subsequent changes, DECIDES: the Government

1. Approve Regulations on the Register of detainees, arrested and the condemned persons it (is applied).

2. To provide to the ministries and other central administrative authorities within the powers conferred to them accomplishment and observance of requirements of the specified Provision.

3. Management of the Register of detainees, arrested and the condemned persons is performed for the account and within the funds allocated National penitentiary administration of the Ministry of Justice, other ministries and bodies of public management from the government budget and also at the expense of the special means provided by the current legislation.

4. Information exchange between participants of automated information system "The register of detainees, arrested and the condemned persons", and also with similar bodies of other countries is performed on the basis of international agreements and agreements which party the Republic of Moldova is.

5. To impose control over the implementation of this Resolution on the Ministry of Justice.

Approved by the Order of the Government of the Republic of Moldova of August 28, 2014 No. 716

Regulations on the Register of detainees, arrested and the condemned persons

I. General provisions

1. The regulations on the Register of detainees, arrested and the condemned persons (further – the Provision) establish procedure for the organization and functioning of information resources of law enforcement agencies as integral part of the Integrated automated information system of accounting of crime, criminal cases and persons who committed crimes; subjects of legal relationship in the field of creation and functioning of the Automated information system "The register of detainees, arrested and the condemned persons" (further – AIS RZAOL); procedure for management and ensuring operation of AIS RZAOL; legal regime of use of data from AIS RZAOL; ensuring protection and safety of information and AIS RZAOL information resources; control and responsibility of participants on management of AIS RZAOL.

2. The concepts used in this Provision have the values provided in article 2 of the Law on the Integrated automated information system of the crime reporting, criminal cases and persons who committed crimes No. 216-XV of May 29, 2003; to article 3 of the Law on registers No. 71-XVI of March 22, 2007; to Article 3 of the Marine life protection act of personal data No. 133 of July 8, 2011 and in the Concept of the Automated information system "Register of detainees, arrested and the condemned persons" approved by the Order of the Government No. 25 of January 18, 2008.

In this Provision the following main determinations are used:

complex of program and hardware resources - set of the programs and technical means providing realization of information processes;

the user - physical person or legal entity which service duties assume actions for representation, acceptance, storage, and also use of information of criminal nature.

3. AIS RZAOL includes all special categories of personal data of persons provided by this Provision.

4. AIS RZAOL creates common information space and is the single official source of information concerning persons who are in custody in organizations of system of penitentiary administration for participants of AIS RZAOL and other information systems of bodies of the central public management who use and process such data. Data AIS RZAOL are considered exact and reliable, the return will not be proved yet.

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

5. AIS RZAOL is specialized automated information system and serves as integral part of the Integrated Information System of Law Enforcement Agencies (IISLEA). Owner of AIS RZAOL is the state.

6. The national penitentiary administration of the Ministry of Justice is the owner of AIS RZAOL and provides legal, organizational and financial conditions for its creation and management.

7. Loggers AIS RZAOL are authorized services within organizational structure of organizations of system of penitentiary administration which in the course of accomplishment of the functions provide forming of the information resources characteristic of sphere of activity.

The logger delegates functions of direct input of data to the Register to subloggers proceeding on the basis of criterion of functional competence as follows:

The Ministry of Internal Affairs according to the competence will organize 1) and records:

a) persons delayed on suspicion of crime execution;

b) persons delayed on suspicion of making of offense;

c) persons which are under house arrest;

The National center for fight against corruption according to the competence will organize 2) and records:

persons delayed on suspicion of crime execution;

The National inspectorate of probation, according to competence, will organize 3) and records:

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