Central register of persons

The Central Register of Persons (ZPR) is an electronic database of the Liechtenstein national administration for the collection of personal and specialist data.

It is managed by the Office for Personnel and Organization (APO) within the framework of the Liechtenstein State Administration on the basis of the Central Register of Persons Act and the Liechtenstein Data Protection Act.

Predecessor facility

The central register of persons was created at the end of the 1990s as the “ central administration of persons ” and has been continuously expanded since then. Due to the size of the Central Register of People, the question of the legal basis ( principle of legality ) and data protection (especially with regard to information and access to this data) was increasingly raised .

The Liechtenstein government reacted with the consultation report of October 19, 2010.

Entries in the ZPR

Like the database of the Central Personnel Administration (ZPV), the Central Person Register contains data on all residents of Liechtenstein and other persons living abroad who have contacted the Liechtenstein State Administration. It also contains data from legal persons.

According to Art 3 ZPRG, the ZPR contains:

a) Data used to describe a natural or legal person (personal master data), in particular:

Identity data (according to Art 3 Para. 1 lit. a ZPRV these are: surname, maiden name, family name, first name, first name at birth, first name, salutation, title, gender and date of birth);
Address data (according to Art. 3 Para. 1 lit. b ZPRV, these are: street, house number, building number, apartment number, postcode, town, municipality number, country, communication data, PO box, address information, whereabouts and household reference person);
Civil status data (according to Art. 3 Para. 1 lit. c ZPRV for natural persons: marital status, date of marriage or establishment of a registered partnership, date of death, place of occurrence, place of citizenship, citizenship, personal relationships and place of birth and for legal persons according to Art. 3 Para. 2 lit a and b ZPRV: name, legal form, industry, type of company, purpose, capital, registered office of the company, address, size class, start of activity, date of establishment, registration number and representative number, organizational data, date of relocation, bankruptcy opening date, liquidation date and date of cancellation);

b) Data not included in lit. a and are technically or logically related to the ZPR (technical data), in particular:

Data on the employment relationship (according to Art 4 lit. a ZPRV, these are: employer, activity, occupational status, degree of employment, AHV relevant and employment status);
Passport details (according to Art. 4 lit. b ZPRV these are: surname and first name, photo, signature, occupation and substitute employment);
Authorization data from the area of foreigners (according to Art 4 lit. b ZPRV, these are: surname and first name in the foreign ID, nationality, photo, signature, occupation and substitute employment)

PEID

In order to ensure the uniqueness of persons who are registered in the ZPR, a "personal identification number" (PEID) is assigned (Art 4 ZPRG).

The authority will automatically allocate and use the PEID. Legal persons can be assigned additional PEIDs, provided that this is appropriate from a legal, technical or local point of view (Art 6 (2) ZPRG).

Authorities and private data owners may use the PEID in official dealings for the unambiguous identification of persons (Art 6 Para. 3 ZPRG).

access

The Central Register of Persons is generally available to all Liechtenstein authorities but also to third parties (Art. 8 Paragraph 2, Art. 10 Paragraph 1 ZPRG). For access, the authorities must apply to the ZPR Commission (Art 16 ZPRG) in advance for the desired processing and access depth for a limited period of time. Exceptions are made to this provision (Art 3 in conjunction with Art 9 ZPRG).

ZPR Commission

According to Art 16 ZPRG, a commission is to be set up (Art 78 Para. 2 State Constitution ). The ZPR Commission decides on query and change authorizations and should keep an overview of all data fields and their processing in the processing regulations.

According to Article 16 (2) ZPRG, the ZPR Commission is responsible in particular:

a) the granting and withdrawal of permits for data retrieval;

b) to authorize the transfer of data processing to third parties;

c) the approval of the processing regulations;

d) the approval of the disclosure of data, insofar as this is required by law;

e) participation in the issuing of ordinances.

Criticism of the ZPR

Authenticity of data - According to Art 5 Para. 1 ZPRG, the data that are kept in the ZPR are authentic original data. This legal presumption applies until this presumption is refuted by a data owner (authorized authority) (provided there are no deviating special legal regulations). Example: The Liechtenstein citizen "Fritz Elkuch" incorrectly recorded in the ZPR is called "Fritz Elkuch en " as long as his data has not been corrected in the ZPR. According to Art 11 ZPRG, the data owner is responsible for the correctness of the data processed by him in the ZPR, but there is no sanction provision.
User profiles - According to Art 7 ZPRG, access to the ZPR data is via user profiles (Paragraph 1). These user profiles are created by the Office for Personnel and Organization (APO) (Section 2) and access is logged (Section 3). With regard to the abuse of user profiles or the responsibility, the ZPRG does not specify any sanctions.
Appeal - The appeal against decisions or orders of the ZPR Commission ends in accordance with Art. 17 Paragraph 2 ZPRG with the Liechtenstein government. This makes the final decision. This regulation cuts off any judicial legal protection (to the Administrative Court ). Neither the ZPR Commission nor the government has independent judges and is therefore not a tribunal within the meaning of Art 6 ECHR . The provision in Article 17 (2) ZPRG on the right to appeal to the government contradicts Article 102 (5) of the state constitution.

statistics

In the future, the ZPR, like the ZPV, will also be used to compile statistics (e.g. marital status statistics). According to Art. 10 para. 2 ZPRG, data in accordance with Art. 26 of the Data Protection Act, which are disclosed for the purposes of research, planning and statistics, must be approved by the ZPR Commission. The ZPRG does not regulate whether the ZPR Commission must approve the disclosure of the data in advance or whether subsequent approval is possible.

Individual evidence

^ Previously called "Central Personnel Administration" (ZPV). With the introduction of the Central Person Register Act (ZPRG), the Central Person Administration (ZPV) was renamed the Central Person Register (ZPR). According to Art. 21 ZPRG, the central information system of the state administration that existed at the time this law came into force will be continued as ZPR in accordance with the provisions of the ZPRG. The information listed here relates to both the existing Central Personnel Administration and the Central Personnel Register.
↑ The basis of the Liechtenstein Data Protection Act is again Directive 95/46 / EC on the protection of natural persons when processing personal data and on the free movement of data.
↑ See for example: Activity report of the Liechtenstein data protection officer for the year 2007 and also for the year 2008.
↑ Consultation report of the government regarding the creation of a law on the Central Register of Persons (ZPRG), RA 2010 / 2321-0210.
↑ Ordinance of December 20, 2011 on the Central Register of Persons (ZPRV), LGBl 602/2011.
↑ However, the ZPR Commission is not an authority. The basic task of the ZPR Commission is the coordination and further development of the ZPR. The ZPR Commission consists of representatives of the authorities involved, the operator (APO) and a representative of the data protection office (Art 16 ZPRG).
↑ According to the consultation report, p. 5.
↑ Art 102 para. 5 LV: "Unless the law (note:" law "means the state constitution, not a simple law) stipulates otherwise, all decisions or orders are subject to the government and the special commissions set up in place of the collegial government (Art. 78 para. 3) the appeal to the Administrative Court. "

[1] Previously called "Central Personnel Administration" (ZPV). With the introduction of the Central Person Register Act (ZPRG), the Central Person Administration (ZPV) was renamed the Central Person Register (ZPR). According to Art. 21 ZPRG, the central information system of the state administration that existed at the time this law came into force will be continued as ZPR in accordance with the provisions of the ZPRG. The information listed here relates to both the existing Central Personnel Administration and the Central Personnel Register.

[2] The basis of the Liechtenstein Data Protection Act is again Directive 95/46 / EC on the protection of natural persons when processing personal data and on the free movement of data.

[3] See for example: Activity report of the Liechtenstein data protection officer for the year 2007 and also for the year 2008.

[4] Consultation report of the government regarding the creation of a law on the Central Register of Persons (ZPRG), RA 2010 / 2321-0210.

[5] Ordinance of December 20, 2011 on the Central Register of Persons (ZPRV), LGBl 602/2011.

[6] However, the ZPR Commission is not an authority. The basic task of the ZPR Commission is the coordination and further development of the ZPR. The ZPR Commission consists of representatives of the authorities involved, the operator (APO) and a representative of the data protection office (Art 16 ZPRG).

[7] According to the consultation report, p. 5.

[8] Art 102 para. 5 LV: "Unless the law (note:" law "means the state constitution, not a simple law) stipulates otherwise, all decisions or orders are subject to the government and the special commissions set up in place of the collegial government (Art. 78 para. 3) the appeal to the Administrative Court. "