Fine to be imposed for collecting or processing of personal data in unregistered information system


The Data Computing Center (DCC) of the Ministry of Communications and Information Technologies has published regular statistics on the data included in the State Register of State Information Resources and State Register of Personal Data Information Systems. As of 01.09.2013 the number of state information resources in all organizations was 35 and information systems of personal data were 80, which makes up a total of 115.

Note that a special section created on the portalwww.e-gov.azto provide the implementation of "Regulations on the state register of information resources” and "Rules of state registration of personal data information systems and the cancellation of state registration”, approved by decisions of the Cabinet of Ministers.

The section is designed for inclusion of new data on the state information resources and personal data information systems in the register, sending e-applications for making changes or cancellation in the data available in the register, conducting clerical work, performance of applications and informing the owners in appropriate manner.

The created registers are also important to ensure the full implementation of the tasks arising from the decree of the President of the Republic of Azerbaijan "On some measures in the sphere of provision of e-services by state agencies” dated May 23, 2011.In accordance with paragraph 13 of the regulations, required information (application and registration card) containing information resources on newly created and undergoing structural change or information resources whose activities are suspended, to include in the State Register or make certain changes should be submitted to the operator of the register by applicant no later than 20 days.

In accordance with the items of the "Information systems of personal data not requiring state registration” approved by decision № 237 of the Cabinet of Ministers of the Republic of Azerbaijan dated December 17, 2010, information systems containing personal data on 1000 or more subjects should be registered in compulsory order.

In this regard, central executive bodies as well as their structural units and subsidiaries, institutions, agencies, hotels, schools and educational institutions, organizations that are the owner of the information resources and personal data information systems which require state registration by law should apply to the DPC of the Ministry of Communications and Information Technologies to be registered. Otherwise, according to Article 181-4 of the Code of Administrative Offences, for collecting and processing of personal data in information systems whose state registration is required by legislation but are not registered will be fined from AZN300 to AZN500.