Central register of parking card holders

Art. 100f.

1. A central register of holders of the parking cards referred to in Art. 8 is hereby established, hereinafter referred to as the "register".

2. The register is kept by the minister responsible for computerisation in an ICT system. For the purposes of this Act, that minister is the controller of the data and information collected in the register.

Art. 100g.

1. The following data are collected in the register:

1) the number of the card;

2) the date of issue of the card;

3) the expiry date of the card;

4) the designation of the board whose chairperson issued the card;

5) the given name and surname and the PESEL number of the disabled person to whom the card was issued, and, in the case of a person without a PESEL number - the series, number and name of the document confirming identity and the name of the state which issued that document;

6) the date of death;

7) the name and address and the REGON identification number of the facility to which the card was issued, the make, model and registration number of the vehicle whose driver is entitled to use the card - in the case of cards issued to a facility referred to in Art. 8(3a) point 3;

8) the date of, and reason for, the card ceasing to be valid;

9) the status of the card;

10) the identifier of the person or entity making an entry or a change of data in the register.

2. The data referred to in para. 1 points 1-5, 7 and 8, and information about the occurrence of the circumstances referred to in Art. 8(5e) points 2 and 3, are transmitted to the register by the district disability assessment board whose chairperson issued the card.

3. The data referred to in para. 1 points 9 and 10 are completed automatically by the ICT system serving the register.

4. The district disability assessment board enters data into the register at the time of performing an act giving rise to the need to transmit data to the register, by means of the ICT system serving the tasks carried out by that entity.

5. The data collected in the register are transmitted to it from the PESEL, REGON and TERYT registers, the central vehicle register and the central driver register, in so far as they are collected in those registers.

6. The minister responsible for computerisation may specify, by way of a regulation, the procedure for and time limits of the transmission of data between the register and the PESEL, REGON and TERYT registers, the central vehicle register and the central driver register, taking into account the need to ensure a smooth flow of data between the register and other registers and records, the correctness and currency of the data collected, and the need to ensure the protection of personal data.

7. (repealed)

8. The data referred to in para. 1 are removed from the register 3 years after the date on which the card ceased to be valid.

Art. 100h.

1. In order to enable data to be entered into the register, district disability assessment boards are given access to the data collected in the register.

2. Data are entered into the register by retrieving the data collected in the register, verifying them, in particular on the basis of the documents or data held, and entering the new data into the register. In the event of a discrepancy between the data and the data contained in the PESEL or REGON register, the data collected in those registers prevail.

2a. Where data concerning a new entity are entered into the register, those data are retrieved from the PESEL and REGON registers, the central vehicle register and the central driver register, in so far as they are collected there. In the event of a discrepancy between the data and the data contained in the PESEL or REGON register, the data collected in those registers prevail.

3. The ICT system serving the register generates a message concerning:

1) the entry of data into the register - where new data have been correctly entered into the register, which is equivalent to fulfilment of the obligation to enter data into the register;

2) the failure to enter data into the register - where the new data have not been entered into the register and it is necessary to enter them again in order to fulfil the obligation to enter data into the register.

4. The minister responsible for computerisation shall specify, by way of a regulation:

1) the scope of the data to which district disability assessment boards are given access, having regard to the proper performance by them of the tasks arising from this Act;

2) the technical and quality requirements for the data entered into the register and the manner of entering them, having regard to ensuring the high quality of the data transmitted to the register and its reference character.

Art. 100i.

1. An entity which finds a discrepancy in the data collected in the register shall clarify that discrepancy with respect to the data which it is obliged to transmit under the Act, and shall enter data into the register in accordance with the rules laid down in Art. 100h.

2. Where it is not possible to clarify the discrepancy, the entity referred to in para. 1 shall immediately notify the controller of the data and information collected in the register of the discrepancy, by means of the ICT system serving the register or by means of the ICT system serving the tasks carried out by that entity.

3. In order to clarify the discrepancy, the controller of the data and information collected in the register shall immediately notify, by means of the ICT system serving the register, the entity which entered the data to which the discrepancy relates, in the case of:

1) a discrepancy being found by the controller of the data and information collected in the register;

2) the case referred to in para. 2.

4. The entity referred to in para. 1 and 3 shall clarify that discrepancy, in particular on the basis of the documents or data held.

5. The entity referred to in para. 1 and 3 shall immediately inform the controller of the data and information collected in the register, by means of the ICT system serving the register or by means of the ICT system serving the tasks carried out by that entity, that the discrepancy has been clarified, in the case of:

1) correct data having been entered into the register by means of the ICT system serving the register or by means of the ICT system serving the tasks carried out by the entity entering the data;

2) it having been found that the data entered into the register are correct;

3) it having been found that the discrepancy cannot be removed, together with a statement of reasons.

6. Entering into the register data in respect of which a discrepancy referred to in para. 2 has been found requires that discrepancy to be clarified beforehand.

7. The controller of the data and information collected in the register shall allow data to be entered into the register without prior clarification of the discrepancy if this is necessary in order to carry out tasks arising from separate provisions performed by the entities obliged to enter data into the register within the time limits arising from statutory provisions.

8. The minister responsible for computerisation shall specify, by way of a regulation, the manner and procedure for clarifying discrepancies in the data collected in the central register of parking card holders by the entities which transmit them, having regard to the need to ensure the completeness and correctness of the data in the register and to ensure the timely handling of the administrative processes linked to the register and their security.

Art. 100j.

Where it is not possible to enter data into the register for reasons beyond the entity's control, the data are entered immediately, no later than within 2 working days from the day on which the obligation to enter them arose.

Art. 100k.

1. The data collected in the register are made available, in so far as this is necessary for the performance of their statutory tasks, to the following entities:

1) the Police;

2) the Road Transport Inspectorate;

3) the Military Police (Żandarmeria Wojskowa);

4) the Border Guard;

5) district governors (starostowie);

6) municipal (town) guards;

7) district disability assessment boards.

2. The data collected in the register are made available at the reasoned request of the interested entity, submitted in paper or electronic form, authenticated using the mechanisms specified in Art. 20a(1) of the Act of 17 February 2005 on the computerisation of the activities of entities performing public tasks.

3. The minister responsible for computerisation may consent, by way of a decision, to the data collected in the register being made available to the entities referred to in para. 1, or to their organisational units, by means of data teletransmission devices, without the need to submit a written request, if they jointly meet the following conditions:

1) they have devices making it possible to record in the system who obtained which data, when and for what purpose;

2) they have technical and organisational safeguards preventing the use of the data contrary to the purpose for which they were obtained;

3) this is justified by the nature or the scope of the tasks performed or of the activity conducted.

Art. 100l.

The data collected in the register are also made available at the request of the person to whom they relate. Those data may be made available using data teletransmission devices.

Art. 100m.

The making available of data referred to in Art. 100k and Art. 100l is free of charge.