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Freedom of movement - Resident registers and data protection

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Presentation by Zoran Đoković (OSCE) at the international conference on innovations in Civil Registration and Vital Statistics (CRVS) systems - Ottawa on 27-28 February 2018. See more at http://crvsinnovations.net

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Freedom of movement - Resident registers and data protection

  1. 1. FREEDOM OF MOVEMENT RESIDENTS REGISTERS and DATA PROTECTION
  2. 2. Everyone has the right to freedom of movement and residence within the borders of each State. Everyone has the right to leave any country, including his own, and to return to his country. Universal Declaration of Human Rights Article 13
  3. 3. Freedom of movement within state borders In some countries registration of place of residents is requirement for all residents Resident registers combine legal identity data and address of place of residence Data from resident registers is used by governments for planning and delivery of service Lack of civil registration is an obstacle to registration in residents register
  4. 4. Cross-border travel freedoms Elements of ICAO TRIP Strategy 1. Evidence of identity 2. Machine readable travel documents 3. Document issuance and control 4. Inspection systems and tools 5. Interoperable applications
  5. 5. National Identity Cards and Travel Documents issuance Mandatory online identity verifications in the civil register (based on the responses from 41 OSCE participating States) 75%75% 49%68%71% Birth records Deceased persons Marriage records 29 states 28 states 49 states
  6. 6. The relevant authorities should be bound by law to use the data only in accordance with their intended purpose, which is specified in the law.
  7. 7. Organisation may be allowed to process sensitive personal data, when for example: ● you have made your sensitive data manifestly public; ● you have given your explicit consent; ● there is a law which governs a specific type of data processing for a specific purpose related to public interest or health; ● law including adequate safeguards provides for the processing of sensitive personal data in areas such as public health, employment and social protection.
  8. 8. The two fundamental legislative principles for processing personal data in civil registration/identification systems: Principle of proportionality and limiting access to information by administrative bodies for purposes stipulated by law.
  9. 9. Every transfer of data from the population register to another sector (e.g., to health or tax services) should be regulated concerning the purpose of the transfer, the recipient and the data categories to be transferred. In civil registration, data transfers can include a person’s name, birthday and/or address without special restrictions.
  10. 10. Data subjects should be entitled to receive information, free of charge, concerning data about them that has been stored or disclosed and about the updating of incorrect data or the addition of missing data. They should also be able to ensure that unnecessary or unlawfully collected data have been deleted.
  11. 11. Data protection authority ● monitor and enforce the application of the GDPR; ● promote awareness of the risks, rules, safeguards and rights pertaining to personal data (especially in relation to children); ● advise national and governmental institutions on the application of the GDPR; ● hear claims brought by data subjects or their representatives, and inform data subjects of the outcome of such claims;
  12. 12. Thank you ! zoran.dokovic@odihr.pl

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