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In the exercise of the powers
vested in the High Representative by Article V of Annex 10 (Agreement on
Civilian Implementation of the Peace Settlement) to the General Agreement for
Peace in Bosnia and Herzegovina, according to which the High Representative is
the final authority in theatre regarding interpretation of the said Agreement on
the Civilian Implementation of the Peace Settlement; and considering in
particular Art. II.1.(d) of the last said Agreement, according to the terms of
which the High Representative shall “Facilitate, as the High
Representative judges necessary, the resolution of any difficulties arising in
connection with civilian implementation”;
Recalling paragraph XI.2 of the Conclusions of the Peace
Implementation Conference held in Bonn on 9 and 10 December 1997, in which the
Peace Implementation Council welcomed the High Representative’s intention to use
his final authority in theatre, regarding interpretation of the Agreement on the
Civilian Implementation of the Peace Settlement, in order to facilitate the
resolution of any difficulties as aforesaid “by making binding decisions, as he
judges necessary” on certain issues including (under sub-paragraph (c) thereof)
“measures to ensure implementation of the Peace Agreement throughout Bosnia and
Herzegovina and its Entities”;
Considering Article 5 of the Council of Europe Convention for
the Protection of Individuals with Regard to Automatic Processing of Personal
Data, which provides, inter alia, that “Personal data undergoing
automatic processing shall be…adequate, relevant and not excessive in relation
to the purposes for which they are stored.”
NotingArticle 6(c) of Directive 95/46/EC of the European
Parliament and of the Council on the Protection of Individuals with Regard to
the Processing of Personal Data and on the Free Movement of Such Data, which
similarly requires that data undergoing automatic processing be adequate,
relevant and inexcessive.
Bearing in mind the need to ensure that data stored in the
Central Register are secure and not subject to misuse.
Having taken into account and considered the totality of the matters
aforesaid,the High Representative hereby issues the following
DECISION
Imposing the Law on Amendments to the Law on Central Registers
and Data Exchange ashereinafter set out.
The Law which follows shall enter into force pursuant to Article 7 thereof
but on an interim basis until such time as the Parliament of Bosnia and
Herzegovina adopts the same in due form, without amendment and with no
conditions attached.
This Decision shall come into effect forthwith and shall be published without
delay in the Official Gazette of Bosnia and Herzegovinaandin the Official
Gazettes of both Entities and the District of Brcko.
Law on Amendments
to the Law on Central Registers and Data
Exchange
Article 1
All references to “Article 7” in Article 8 of the Law shall be replaced with
the words “Article 8”.
Article 2
Items (g), (h), (n) and (o) shall be deleted from Article 20 of the Law, and
the items shall be re-lettered accordingly.
Article 3
A final item shall be added to Article 20, which shall read “fingerprint
data”.
Article 4
The words “Article 7” in Article 22 shall be replaced with “Article
8”.
Article 5
Items (g), (h), (l) and (m) shall be deleted from Article 22.
Article 6
Two additional paragraphs shall be added to the end of Article 22, which
shall read as follows:
“Fingerprint data collected from individuals pursuant to Article 6 of the
Law on Identity Cards of Citizens of Bosnia and Herzegovina may only be
disclosed or transferred to another public body of BiH under Article 8 of this
Law when necessary in the interest of national security.
Apart from the conditions for disclosure and transfer under the previous
paragraph, fingerprint data may be disclosed or transferred to a prosecutor in
BiH, upon his/her request, for the purpose of investigating a crime that is
punishable by imprisonment of three years or more. In such a case,
paragraphs 2-7 of Article 8 regarding conditions of disclosure and transfer
shall be followed.”
Article 7
This Law shall enter into force on the 8th day from the day of its
publication in the Official Gazette of Bosnia and Herzegovina. It shall
also be published in the Official Gazette of the Republika Srpska, the Official
Gazette of the Federation of Bosnia and Herzegovina and the Official Gazette of
the District of Brcko.
Sarajevo, 28 June 2002
Paddy Ashdown
High Representative
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