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Bill “On Public Electronic Registers” Has Been Approved
On November 18, the Verkhovna Rada adopted the Law (Bill No. 2110) “On Public Electronic Registers”, which aims to improve the functioning of state registers in Ukraine.
According to the Ministry of Digital Transformation, there are currently over 350 state registers in Ukraine, but there are no uniform rules for their creation and operation. In some registers the information is duplicated, while in others it has not been updated for a long time. Some registers even exist in the format of Excel spreadsheets or Google Docs files. Therefore, data security is at significant risk.
The Bill applies to relations arising in the field of public electronic registers during their creation, maintenance, interaction, administration, modernization, reorganization and liquidation, as well as in the use of register information, permitting and other management activities, provision of administrative services.
Principles of Maintaining and Using Registers
◉ unity of methodology of creation, maintenance, administration, registration, interaction and liquidation of registers;
◉ obligatory registration of registrated objects in their respective registers and entering information (changes to it) about registered objects;
◉ one-time registration and inadmissibility of duplication of register information of one register in another register;
◉ steadiness of entering amended information about registered objects in registers;
◉ guarantee of objectivity, relevance, reliability, completeness and protection of register information by the state and holders of registers;
◉ openness, free-of-charge access and availability of all register data that are part of the basic sets of register data;
◉ use of personal data of persons in registers only in cases and for the purposes for which the right holders have given their consent, with the exception of cases provided by law;
◉ recording of all actions of any persons with register information and register data in registers.
Who and How Can Use the Registers
The use of register information is carried out in the manner of general access, special access and electronic information interaction between registers.
The general public is guaranteed free, gratuitous, and unlimited access to basic register data with the ability to independently view, copy and save information with the help of software and hardware, through the official Internet resources of register holders and the unified public web portal of open data.
Special access users of registered information include:
○ bodies of state power and local self-government of Ukraine – if the information cannot be obtained through electronic information exchange between the registers;
○ self-regulatory organizations, banks, notaries, accredited entities, licensees, certified persons – for the purposes and in cases established by law;
○ individuals and legal entities – for special sets of register data that can be provided for a fee;
○ other countries, international organizations – in cases and to the extent defined by Ukraine’s international obligations;
○ right holders – regarding register information about themselves, property, property and non-property rights, special statuses, etc.
New Concepts in the Law
The Bill provides for the creation of the Register of Public Electronic Registers (shortened, “Register of Registers”) on the basis of the National Register of Electronic Information Resources. The creators of the Register of Registers are the holders of registers.
In addition, it introduces the notion of administrators and technical administrators of state registers, who will carry out activities of creation and maintenance of software for registers and be liable for their technical and technological support, as well as protection of register information.
About the “Trembita” System
Interaction and interconnection of the registers will be achieved through “Trembita”, a system of electronic interaction of state electronic information resources, which allows for secure exchange of information by public authorities, local governments and businesses by sending and receiving electronic messages. The technical basis is the Estonian X-ROAD data exchange platform.
Characteristics of “Trembita”:
– Decentralization. This is a distributed system that does not involve centralizing data and changing its owner.
– Obtaining access to state registers by various institutions in accordance with the specified powers, which improves the quality of electronic public services to citizens and businesses.
– Application of a single set of rules and formats for more efficient use.
– Resistibility against break-downs due to the decentralization of the components installed by the participants and exchange of data directly between them, without relay hosts.
– High level of security due to electronic signatures and encryption of all transmitted data.