Area: Javna uprava
Competent authority: MNZ
EZU URL: .nan
Initiative ID: 246
Initiative accepted and completed: '2013-11-21'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2013-11-18'
Initiative published: '2013-11-18'
Initiative submitted: '2013-11-14'
Response from the competent authority: Reply from the Ministry of the Interior, Directorate
  for Administrative Internal Affairs, Migration and Naturalisation The Ministry of
  the Interior would like to clarify that, in accordance with the Act on the Registration
  of Residence (Official Gazette of the Republic of Slovenia, No.59/06 UPB-1 and 111/07,
  hereinafter referred to as the ZPPreb), data on the addresses of individuals are
  kept in the Register of Permanent Residents, and, in accordance with the Act on
  the Central Register of the Population (Official Gazette of the Republic of Slovenia,
  No. 72/06), in the Central Register of the Population as well. The ZPPreb establishes
  the obligation of an individual to register. An individual is obliged to declare
  his/her permanent residence and change of address, to declare his/her permanent
  residence if he/she permanently leaves the territory of the Republic of Slovenia,
  to declare a temporary departure from the territory of the Republic of Slovenia
  lasting more than three months and to declare and de-register his/her temporary
  residence. Permanent residence and change of address must be declared to the competent
  authority when a person permanently settles in a settlement or changes the address
  of his/her home, and must be de-registered when a person permanently leaves the
  territory of the Republic of Slovenia. Permanent residence or change of address
  must be declared within eight days of settlement or of service of the alien's permanent
  residence permit, and must be de-registered before the alien leaves the country.
  If an individual fails to comply with his/her obligation to register, the ZPPreb
  provides for the institution of the so-called procedure for establishing the actual
  permanent residence. If an individual is registered at an address where he/she is
  not actually permanently residing (anymore), the owner of the property at that address
  may also apply for the initiation of a declaratory proceeding against him/her. This
  is an administrative procedure to establish the individual's true residence at the
  registered address. If the procedure establishes that the individual is actually
  residing at a different address, the decision will register him/her at the different
  address. Although the registration of a residence at a specific address can normally
  only be carried out on production of the relevant proof of the right of residence
  (and the owner is therefore aware of the registration), the registration of a residence
  at a specific address may be carried out only on production of the relevant proof
  of the right of residence. We agree that the right of the owner of the property
  to check at any time and in an easy way who has registered a permanent or temporary
  residence at his property is of the utmost importance, as is the right and, at the
  same time, the obligation to notify the administrative unit if a person who does
  not actually reside at his address may be registered at his address.  Article 20a
  of the ZPPreb gives the owner the right to provide information on the name and surname,
  date of birth and type of residence (permanent or temporary residence) of individuals
  at the address of his property. However, as this involves the transfer of personal
  data, it is also important to take into account the provisions of the Personal Data
  Protection Act (Official Gazette of the Republic of Slovenia, No. 94/07 UPB-1),
  which provides in Article 22 that for each transfer of personal data, the personal
  data controller must ensure that it is possible to ascertain at a later date which
  personal data have been transferred, to whom, when and on what basis, for a period
  of time during which the individual's rights may be legally protected as a result
  of the unlawful transfer of personal data. In the light of the above, a written
  application by the owner for the transmission of data allows the existence of a
  factual request for the listing of the personal data of other individuals residing
  at his/her address to be proven in the event of the need to prove the activity of
  an official in verifying and transmitting the personal data of other individuals.
  It follows that it is not possible to obtain the extract of the data solely on the
  basis of the identification of the owner at the counter. Ownership must also be
  demonstrated and verified at the time of application. However, it should be noted
  that the application can already be submitted to the administrative unit electronically.
  However, this service does not yet exist on the e-Government portal, which allows
  individuals with a digital qualified certificate to carry out certain services (e.g.
  including the obligation to register). In response to your suggestion, we will therefore
  endeavour to add a new service to the e-Government portal which will make it easier
  to verify the data of owners without having to visit the administrative unit, while
  at the same time making it quicker to obtain the desired data.
Text file: 246.txt
Title: Enquiry about registrants in the property
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=246
