Joint Instruction No. 463, dated 10.12.2020 of the Minister of Interior and the Commissioner for the Right to Information and Personal Data Protection.
“For determining the institutions and bodies that receive personal data from the civil status service, as well as the manner, type and amount of information they should receive“.
The Minister of Interior and the Commissioner for the Right to Information and Personal Data Protection have recently approved the Joint Instruction no. 463, dated 10.12.2020. This Instruction has been published in the Official Journal no. 220, dated 17.12.2020 and enters into force 15 days after publication in this journal. This Instruction has abrogated Instruction no. 95, dated 07.04.2014.
This Instruction defines, institutions, bodies, public legal entities (called public controllers) who intend to receive personal data from the data administered by the civil status service, the National Civil Registry of 2010, from the basic registration registers of the population and acts of civil status, if this right is recognized by special law. This Instruction defines the manner, type and amount of information that can be obtained, both electronically and in writing.
Unlike Public Controllers, legal entities as well as natural persons (private controllers) can obtain personal data from the National Civil Registry, from the basic registers and civil status acts of a person, only if they obtain the written consent of the data subject.
For the receipt of information in written form, the controllers address with a motivated request to the relevant civil status offices that administer personal documentation, clearly stating the legal basis on which they base their request, the purpose for which this data will be used, as well as the type of data they require.
Controllers who receive personal data should in no case disclose it to third parties, despite the fact that these third parties may be legitimate to process this data.
This Instruction defines the list of entities (controllers that receive data), the legal basis of the search of each entity and the type and amount of personal data that must be provided by the civil status service in accordance with the relevant legislation.
In contrast to the previous Instruction in force (Instruction no. 95, dated 07.04.2014), in the list of controlling entities that receive data, some institutions have been added, such as. Authority for Information on Former State Security Documents; Bank of Albania, Albanian Security Bureau, Directorate of Classified Information Security, Diplomatic Representations of Foreign Governments, Prefects, Notaries, etc.
The list of controlling entities attached to this Instruction may be periodically updated by the Minister of Interior and the Commissioner for the Right to Information and Personal Data Protection, upon a request based on law, of a controller appointed for to be included in this list.