Arrangements archive Commission Research Intercountry Adoption in the past
Consulted on 04-11-2022.
Valid from 18-11-2020 until today 1for: Arrangements archive Commission Research Intercountry Adoption in the past from: Arrangements archive Committee Research Intercountry Adoption in the past from: Arrangements archive Committee Research Intercountry Adoption in the past from: Arrangements archive Committee Research Intercountry Adoption in the past Arrangements archive Commission Research Intercountry Adoption in the past Arrangements archive Commission Research Intercountry Adoption in the past
Original caption and salutation
Article 1. Definitions 2for: Article 1. Definitions of: Article 1. Definitions of: Article 1. Definitions of: Article 1. Definitions Article 1. Definitions Article 1. Definitions
In this regulation, the following definitions apply:
a.the Minister: the Minister for Legal Protection;
b.committee: the committee appointed by our minister charged with the investigation into intercountry adoption in the past;
c.archive: the archive that has been transferred by the committee to the minister;
d.person concerned: the person with whom the committee has spoken in the context of its investigation into intercountry adoption, the report of which has been included in the committee's archives;
e.interview report: all data in the archive that relate to what a person concerned has stated to the committee as referred to in Article 4 of the Information Protocol Committee for the Investigation of Intercountry Adoption in the past;
f.authorized representative: the person who has been authorized in writing on behalf of a person concerned to submit a request for access to the interview report to the Ministry of Justice and Security on his/her behalf;
g.de facto manager of the archive: the Service Center of the Ministry of Justice and Security;
h.information protocol: the protocol as referred to in Article 7 of the Establishment Decree Commission Investigation of Intercountry Adoption in the Past ;
i.assessor: the contact person of the Management Support Directorate as referred to in Article 1 paragraph 1 of the Information Protocol Committee for the Investigation of Intercountry Adoption in the Past.
Article 2. Purpose of the scheme 1for: Article 2. Purpose of the scheme of: Article 2. Purpose of the scheme of: Article 2. Purpose of the scheme of: Article 2. Purpose of the scheme Article 2. Purpose of the scheme Article 2. Purpose of the scheme
The purpose of these regulations is to establish internal rules for the investigation of information in the committee's archives.
Article 3. Location and scope 2for: Article 3. Location and scope of: Article 3. Location and scope of: Article 3. Location and scope of: Article 3. Location and scope Article 3. Location and scope Article 3. Location and scope
1These regulations apply to the archives of the committee managed by the Administrative Department of the Ministry of Justice and Security.
2The scheme applies:
a.if it is necessary to consult the archive in connection with the obligation to provide information to parliament on the basis of Article 68 of the Constitution ;
b.if on the basis of the Government Information (Public Access) Act (Wob) a request is made for information about the committee's working method and investigation.
c.if a person concerned or his/her authorized representative requests access to the signed report of the conversation that was held with the person concerned in the context of conducting the investigation into intercountry adoption in the past;
Article 4 3for: Article 4 from: Article 4 from: Article 4 from: Article 4 Article 4 Article 4
The 1995 Archives Act , the General Data Protection Regulation (GDPR) and the AVG Implementation Act apply in full to these regulations.
Article 5. Conversation reports 2for: Article 5. Conversation reports from: Article 5. Conversation reports from: Article 5. Conversation reports from: Article 5. Conversation reports Article 5. Conversation reports Article 5. Conversation reports
1The reports of the interviews as referred to in Article 3, paragraph 2, under c are part of the committee's archives;
2After being transferred to the National Archives 100 years after the person's birth, these reports are not made public with a view to respecting the privacy of the person concerned. This limitation will lapse after the death of the person concerned;
3If the data subject submits a request for the destruction of the interview report on the basis of the GDPR, it will be considered whether destruction does not threaten to render impossible or seriously jeopardize the achievement of the purposes of archiving in the public interest. An archivist is involved in this assessment;
4In accordance with Article 34 of the GDPR Implementation Act , objections and appeals can be made against the decision as referred to in the third paragraph;
5In those cases where it is decided to destroy an interview report, this destruction will be carried out in accordance with the procedures applicable at the Ministry of Justice and Security;
6An official report will be drawn up of this destruction, which will be kept in the archives of the Service Centre.
Article 6. Access to the archive 2for: Article 6. Access to the archive from: Article 6. Access to the archive from: Article 6. Access to the archive from: Article 6. Access to the archive Article 6. Access to the archive Article 6. Access to the archive
1Access to the committee's archives is exclusively reserved for the official charged with the obligation to provide information to parliament or the settlement of a request for information on the basis of the Wob or to a person involved or his/her authorized representative;
2A person involved or his/her authorized representative can submit a written request for inspection or a copy of his/her own interview report to the assessor;
3The assessor can only provide a copy of the interview report to a person concerned or his/her authorized representative upon request;
4The assessor checks the request for inspection for correctness and completeness;
5The Minister shall decide on a request for inspection as soon as possible, but no later than four weeks after receipt of a request to that effect as referred to in the second paragraph;
6The assessor sends a (digital) copy of the interview report to the person concerned or his/her authorized representative;
7If the evaluator grants a request pursuant to the first paragraph in whole or in part, he will send a copy of this decision to the de facto administrator of the archive with the request to implement it.
Article 7. Management of the archive 2for: Article 7. Management of the archive from: Article 7. Management of the archive from: Article 7. Management of the archive from: Article 7. Management of the archive Article 7. Management of the archive Article 7. Management of the archive
1Until the transfer to the National Archives pursuant to the Archives Act 1995 , the archive is managed by the Service Center of the Ministry of Justice and Security;
2With due observance of Article 5, second paragraph , the Minister shall lay down rules on publicity when transferring the archive to the National Archives.
Article 8. Entry into force and publication 1for: Article 8. Entry into force and publication of: Article 8. Entry into force and publication of: Article 8. Entry into force and publication of: Article 8. Entry into force and publication Article 8. Entry into force and publication Article 8. Entry into force and publication
This regulation is published in the Government Gazette and comes into effect on the day after the date of issue of the Government Gazette in which it is published.
Article 9. Quotation title 1for: Article 9. Quotation title from: Article 9. Citation title from: Article 9. Citation title from: Article 9. Citation title Article 9. Quotation title Article 9. Quotation title
This regulation is referred to as: Regulations Archive Commission Research Intercountry Adoption in the Past.
Original closing form and signature
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