Chapter 7. Other provisions, final provisions (Federal Act on Registration) German law

Federal Act on Registration. German law

Chapter 7
Other provisions, final provisions

Section 55
Regulatory powers of the Länder

(1) Land law may stipulate that data and remarks other than those listed in Section 3 shall be collected, processed and used to carry out tasks of the Länder.

(2) Land law may stipulate that further data in addition to those listed in Section 42 may be provided to religious communities under public law to carry out their tasks.

(3) Land law may govern the establishment, operation and tasks of central collections of registration data. In this case, Sections 4, 5, 6 (2), first and second sentences and Sections 7, 8, 10, 11 and 40 shall apply accordingly.

(4) Land law may specify the format for registration forms for registration pursuant to Section 17 (1) and (2), first sentence, for the simple registration certificate pursuant to Section 18 (1), the confirmation of registration pursuant to Section 24 (2) and the special registration form pursuant to Section 30 (1).

(5) Land law may govern regularly occurring data transfers pursuant to Section 36 (1) in the context of carrying out tasks of the Länder, as long as the reason and purpose of the transfer and the recipient and the data to be transferred are specified.

(6) Land law may govern the transfer of additional data and remarks pursuant to Section 38 (5), first sentence, in the context of carrying out tasks of the Länder, as long as the reason and purpose of the transfer and the recipient and the data to be transferred are specified.

(7) Land law may determine which additional data pursuant to Section 38 (5), second sentence, may be used as selection data for retrieval in the context of carrying out tasks of the Länder, as long as the reason and purpose of the transfer are specified.

(8) Land law may determine which other bodies pursuant to Section 39 (3) shall offer data for retrieval. Further, it may be stipulated that data within a Land may be retrieved in derogation from Section 39 (3) via networks within the Land which are secured in accordance with the state of the art.

(9) Land law shall not derogate from the provisions of Section 33 (1) to (3) and (6), Section 34 (6) and 39 (3), nor from the provisions of administrative procedure based on Section 56 (1).

Section 56
Authorization to issue statutory instruments

(1) The Federal Ministry of the Interior shall be authorized, via statutory instruments with the approval of the Bundesrat,

1. to stipulate the data to be transferred, their form and details concerning the transfer procedure in order to conduct data transfers pursuant to Section 23 (3) and (4) and Section 33 (1) to (3) necessary to update or correct the population registers;

2. to stipulate the data to be transferred, their form and details concerning the transfer procedure in order to conduct regularly occurring data transfers pursuant to Section 36 (1) necessary for the public body receiving the data to carry out its tasks;

3. to stipulate the conditions under which data may be retrieved in order to conduct automated retrieval pursuant to Sections 38 and 39;

4. to stipulate the format for the declaration of consent pursuant to Section 44 (3), fourth sentence and the procedure for giving consent to the person or body requesting information; and

5. to stipulate the conditions and the procedure for approving portals in order to provide information from the population register via portals pursuant to Section 49 (3).

(2) If the form and procedures for data transfers are to be determined in statutory instruments based on this Act, it shall be possible to refer to publicly accessible announcements of expert bodies. The date of the announcement, the reference and the source for the announcement shall be stated in the statutory instrument. The announcement shall be filed in the Federal Archives; the statutory instrument shall include a reference to this fact.

Section 57
Administrative provisions

The Federal Government may, with the approval of the Bundesrat, issue general administrative provisions to execute this Act and the statutory instruments issued on the basis of this Act.

Section 58
Reporting and evaluation

The Federal Government shall evaluate the application of Section 44 (3), first sentence no. 2, second to eighth sentences and subsection 4 in conjunction with Section 54 (1) no. 2 and subsection 2 nos. 12 and 13 as well as Section 56 (1) no. 4 on a scientific basis four years after this Act has entered into force and shall report on its evaluation to the German Bundestag and Bundesrat. To this end, the Länder shall collect statistical data and provide them to the Federal Ministry of the Interior no later than three months after the evaluation period has ended. If the Federal Government finds that legislative measures are advisable, the report shall contain a recommendation.

Table of contents (Federal Act on Registration)

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