Registration information

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The registration information ( Germany ) or the registration information ( Austria ) is a data transfer from the register to private third parties and other non-public bodies.

As far as simple information from the register is concerned, the population register has the function of a public register . It contains personal data of every resident in a municipality such as their current address (es). The basis is the reporting obligation , which is defined by law in many European countries. The basis of the obligation to register is the view that people must inform the competent registration authority of their current place of residence . Such an obligation does not exist in some European countries (e.g. Great Britain , Ireland , France ).

Germany

Historical

The possibility of providing information from the register of residents to private individuals was expressly permitted for the first time with the Second Circular Decree of the Reich and Prussian Minister of the Interior of April 10, 1938. However (according to the preface or title), printed address books were created on the basis of official documents from the population registers even before this point in time .

Legal situation until October 2015

The legal basis for the transmission of data ("data transfer") from the register and thus for information from the register to third parties is the Federal Registration Act , which came into force on November 1, 2015 and replaced the General Registration Act.

Simple and extended registration information

In addition to certain public bodies, private applicants can also receive simple information about first names and surnames , doctoral degrees and addresses ( Section 44 BMG) and , to a certain extent, dates of birth of specific individuals . In addition to private bodies (e.g. companies , religious societies under private law , political parties ), this also includes individual private individuals, provided they have reached the age of 16 and thus have the capacity to act under registration law.

The form of information from the register is not specified in the law. It can be issued by the registration authority in writing, orally and, in exceptional cases, by telephone. Registration information is subject to a fee . On a national average, the information fee is around 7 euros, but varies from municipality to municipality between 2.50 and 25.00 euros per request, depending on the effort required for the information (archive investigation, local investigation, etc.). In order to receive positive information from the population register, the person sought must be clearly identified . As a rule, this requires information on the first and last name as well as the address and / or date of birth of the person sought. If these are not known, it is sufficient for the registration authority to be able to clearly identify the person concerned with the information provided by the applicant. The 25th activity report of the Federal Data Protection Commissioner does not contain any criticism of the new Federal Registration Act.

Extended information from the register of residents is only given to private individuals if a legitimate interest can be substantiated (e.g. about a debt instrument). According to § 45 BMG, additional information can be provided in addition to the data of simple information about:

  • Earlier first names and surnames
  • day and place of birth
  • Legal representatives
  • Nationalities
  • Previous addresses
  • Day of moving in and out
  • Marital status , limited to the indication of whether married or civil union leader or not
  • First and last name and address of the spouse or partner
  • Date and place of death

If you are not sure which of the more than 5,000 registration offices in Germany is responsible for the respective registration request, you can use private service providers who query the registration registers of the individual municipalities. Here, too, the corresponding fees apply for each municipal register that is queried. International inquiries can also be made this way. It is illegal for the service providers to store the information received from the registration offices for any other use.

Archive information from the population register

Registration data of residents who have moved or who have died will be deleted from the municipality's register after a period of time and will be stored separately (archived). Simple and extended information from the register of residents can then only be obtained via archive information. The time and scope of archiving in the municipalities are regulated by the state's own reporting laws, as the following two examples show:

Example city Berlin :

  • Deletion and archiving of all registration data of relocated or deceased after 5 years
  • (Final) deletion of the data from the archive after 25 years
  • Archive information only possible for the characteristics first name, family name, maiden name, date of birth, place of birth, current and previous addresses, date of departure, date of death and place of death
  • Fees for simple and extended registration information from the archive are generally € 5.00 each; as soon as access to a microfilm or the index archive is required, then € 28.00 each

Example city of Stuttgart :

  • Deletion and archiving of certain registration data of relocated or deceased after 5 years
  • (Final) deletion of the data from the archive after 30 years
  • Features such as first name, family name, current, known addresses, date of death and place of death remain in the register and are deleted after 35 years after the departure or death of a resident, without being archived.
  • Archive information only possible on the characteristics first name, family name, date of birth, birthday, place of birth, current and previous addresses, date of departure and the day of death and place of death
  • Fees for simple and extended registration information from the archive are usually € 9.00 and € 15.00 respectively, and € 19.00 per quarter hour for the registration authorities

Electronic registration information

As an alternative to the written registration request, which is sent directly to the responsible municipality, there are options for obtaining electronic registration information:

In individual federal states , portals have also been provided by the data centers responsible for the municipalities, through which authorities and police stations as well as private individuals (citizens and companies) can obtain registration information from the respective region (e.g. Baden-Württemberg, Bavaria, Hesse). At the "Modern State" in Berlin in November 2007 an association of municipal service AKDB (Bavaria), ekom21 (Hesse), KIVBF today ITEOS (Baden-Wuerttemberg) and d-nrw presented by the transnational registers information about ZEMA with Address chain tracking between the federal states involved will be possible. A corresponding agreement was signed at the fair by the managing directors and board members Jonas Fischer (d-NRW), Ulrich Künkel (ekom21), William Schmitt (KIV Baden-Franken) and Rudolf Schleyer (AKDB) and demonstrated live using real examples.

In addition, individual municipalities (for example in Baden-Württemberg , North Rhine-Westphalia , Hamburg ) have introduced various citizen services as part of the municipal website, including in some cases electronic registration information (EMA). Such a query is only successful if the last known place of residence is not older than 5 years, as this is the period in which most registration offices have the data to be requested ready for electronic retrieval. For older addresses, however, archive information is required. However, archival information is usually not possible electronically, but must be requested in person or in writing from the responsible residents' registration office.

Austria

Legal situation in Austria

The general availability of registration information is regulated by Section 18 of the Registration Act , and it can be requested from the registration authority of the place of residence.

Online access to the Central Register of Residents (ZMR) for commercial purposes is defined in Section 16a, Paragraph 5 and Paragraph 5a of the Registration Act. A person / company (called "business partner") has to demonstrate that it needs regular registration information for the commercial assertion or enforcement of rights or claims. The Federal Ministry of the Interior examines whether there is a legal interest as part of a notification procedure. In addition to direct access, which is of particular interest to major customers, it is also planned that companies (so-called “ZMR providers”) establish technical access to the ZMR and make it available to their customers.

In principle, registration information can only be provided about clearly identifiable persons. The identification takes place via the specification of personal data in the request. Usually the first name, last name and date of birth or an (old) address are sufficient.

literature

The following books and comments refer to the legal situation in Germany.

  • Reiner Belz: Registration Act for Baden-Württemberg. 4th edition, Stuttgart 2007, ISBN 978-3-17-018431-2 .
  • Wolfhard Böttcher, Eugen Ehmann: Passport, ID and registration rights in Bavaria. Loose-leaf collection, Munich.
  • Eugen Ehmann: Handle reporting data correctly. Boorberg, Stuttgart / Munich 2000, ISBN 3-415-02729-5 .
  • Georg Huttner, Iris Kutschera: The right to register in Baden-Württemberg. Comment. Wiesbaden 2006, ISBN 3-8293-0772-1 .
  • Klaus M. Medert, Werner Süssmuth: Registration law of the federal government and the states. Loose-leaf edition, Deutscher Gemeindeverlag, Cologne a. a.

Web links

Individual evidence

  1. ↑ Klaus M. Medert, Werner Süssmuth: Registration law of the federal government and the states. Loose-leaf edition, Deutscher Gemeindeverlag, Cologne, p. 10.
  2. ↑ Klaus M. Medert, Werner Süssmuth: Registration law of the federal government and the states. Loose-leaf edition, Deutscher Gemeindeverlag, Cologne, p. 6.
  3. ↑ RMBhV. P. 689.
  4. ↑ Klaus M. Medert, Werner Süssmuth: Registration law of the federal government and the states. Loose-leaf edition, Deutscher Gemeindeverlag, Cologne, p. 4.
  5. ↑ Reporting law framework law (MRRG)
  6. ^ Wolfhard Böttcher, Eugen Ehmann: Passport, ID and registration law in Bavaria. Loose-leaf collection, Munich, Art. 34 MeldeG, p. 5.
  7. ↑ 25. Activity report , p. 104.
  8. ↑ Germany-online: Federal Ministry of the Interior: Federal Registration Register. Status March 12, 2007 ( Memento of the original from June 7, 2007 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.deutschland-online.de
  9. ↑ gesetze.berlin.de: Section 10, Paragraph 3 of the Berlin Registration Act - deletion and storage of data
  10. ↑ gesetze.berlin.de: List of fees Berlin: Tariff 3051 - Official acts according to the Registration Act a)
  11. ↑ www.landesrecht-bw.de: Section 13 of the Baden-Württemberg Registration Act - deletion and storage of data
  12. ↑ stuttgart.de : List of fees for Stuttgart: Lfd. NO.16.3.1 / 2/3/4 - Registration ( Memento of the original from September 24, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.stuttgart.de
  13. ↑ EMA (electronic registration information) and archive information. Retrieved November 16, 2018 .
  14. ↑ Federal Ministry of the Interior.at: Federal Law on Police Reporting - MeldeG. § 18.
  15. ↑ Federal Ministry of the Interior.at: Federal Law on Police Reporting - MeldeG. § 16a