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Act no. 426 of 31 May 2000
Danish Act on the Civil Registration System
Part 1
Purpose and administration of the Act
Section 1. The purpose of the Act is to ensure that
- anyone covered by s 3(1), has a civil registry number,
- the Civil Registration System (CPR) contains basic personal data about
anyone who has a civil registry number,
- everyone is nationally registered at the address at which they are
actually living or staying, and
- the information in CPR can be conveyed expediently to public authorities
and private individuals with a justified interest in the same.
Section 2. The Ministry of the Interior shall administer CPR together
with the city and municipal councils in accordance with this Act. The Minister
for the Interior shall lay down further rules governing the involvement of the
city councils in the maintenance of CPR. The city councils’ performance of the
tasks mandated under this Act shall be effected on the basis of CPR or, where
further determined by the Minister for the Interior, other registers created
solely on the basis of CPR and containing the relevant information in up-to-date
form.
(2) Other authorities shall take part in the
maintenance of CPR in accordance with rules laid down by the relevant minister
by negotiation with the Minister for the Interior.
(3) The Ministry of the Interior shall supervise the
coordination and optimal use of CPR information in other private and public
systems.
Part 2
Civil registry numbers and other information in CPR
Section 3. A civil registry number shall be allocated to any person
who
- is nationally registered in Denmark on the grounds of birth or relocation
from abroad,
- is included under the Danish Labour Market Supplementary Pension Fund
(ATP),
- according to the tax authorities, must have such a number for the purpose
of having tax affairs handled in Denmark.
(2) The Ministry of the Interior shall ensure that the civil registry
numbers are allocated when the conditions for allocation have been met.
(3) The Ministry of the Interior shall send the person in question
notification of civil registry number allocation in the event of
- registration of a birth,
- first-time registration of relocation from abroad, and
- alteration of a civil registry number, cf. (5).
(4) On application to a municipal authority, anyone
shall have the right to receive certification of their civil registry number on
payment of up to DKK 52. The city council is entitled to demand remittance of
payment prior to such certification.
(5) The Ministry of the Interior shall allocate
people a new civil registry number in the event of an error in the information
incorporated in their civil registry number.
(6) The Minister for the Interior shall determine
rules concerning the structure of the civil registry number and may lay down
rules concerning registration of a civil registry number in CPR for people to
whom no civil registry number need be allocated in accordance with (1).
Section 4. Anyone with a civil registry number
allocated in accordance with s 3(1) shall be registered in CPR with the
information set out in Schedule 1 to the Act.
Section 5. Anyone registered in CPR shall be listed
by their full name in accordance with the legislation on names, in as far as
this is technically possible.
(2) If a person’s name is longer than it is
technically possible to register, the registering authority shall make
provisions for an abridged registration to be made.
(3) Persons whose name has been abridged in
accordance with (2) and persons whose name contains characters which it is not
possible to register in CPR shall be entitled, on application to their
municipality of residence, to have a mark inserted in CPR indicating that there
are departures from the full name in accordance with the legislation on
names.
(4) If, in accordance with (1)-(2), a person’s name
in CPR is too long to use in mechanical printing (addressing), the Ministry of
the Interior shall arrange for an addressing name to be created in CPR for that
person. Where technically possible, that name shall contain the whole of the
surname and at least one complete given name registered in accordance with
(1).
(5) Abbreviations pursuant to (4) shall be made by
abbreviating the given or middle name to its initial letter, to whatever extent
necessary. Any abbreviations shall be made to the last given name or middle name
preceding the surname, then to the second-last, and so on and so forth. If the
first letter of the first given name together with the surname exceeds what is
technically possible for addressing purposes, abbreviations shall also be made
to the surname.
(6) If the mechanical abbreviation is
unsatisfactory, the best possible addressing name shall be registered, wherever
possible always containing the person’s surname and at least one given name
written in full.
(7) On application to their municipality of
residence, anyone shall be entitled to have an addressing name registered on the
basis of the full name, including alterations to an addressing name. The
addressing name must always contain the person’s surname and at least one of the
person’s given names written in full.
(8) The Minister for the Interior may lay down rules regarding
registration of an addressing middle name immediately before the person’s
surname in the addressing name.
Part 3
National registration by the city council
Section 6. The city council shall register anyone in
CPR at their residence in the municipality if that person needs to be registered
in Denmark in accordance with Parts 4-6. Residence shall mean the place
(dwelling) where a person regularly sleeps when not temporarily absent owing to
holiday, business travel, illness or suchlike, and where the person has their
property and belongings.
(2) The city council shall register anyone who does
not have a residence at that person’s actual place of abode in the municipality,
irrespective of its nature. In order for the place of abode to be considered
permanent, the stay there must offer some degree of permanence, which includes
the place of abode being immobile, cf. s 9.
(3) The city council shall determine whether a
reported move meets the conditions for being registered, cf. Parts 4-6. The city
council may not register a person at an address if there is any doubt as to
whether that person is living or staying there, cf. Parts 1-2, but must first
investigate the case, inter alia applying the rules in s 10(2)-(3).
(4) The former municipality of residence shall
continue to have anyone without a fixed place of abode registered, but the city
council shall register the person in question as having vacated the former
address. The city council shall periodically review the case in order to assess
whether a residence or fixed place of abode can be determined.
(5) The former municipality of residence shall
register anyone unsuccessfully posted missing as having disappeared, until such
time as the person has been found or has made themselves known. The city council
shall periodically review the case in order to assess whether a residence or
fixed place of abode can be determined.
Section 7. The city council shall register persons
using more than one dwelling in Denmark as resident in whichever of the
dwellings they can be said to have the greatest affinity with in its considered
and combined judgment. In determining affinity with a dwelling, a legal dwelling
shall always take precedence over an illegal one.
(2) The determination of the city council in accordance with (1) shall be
made, inter alia, in keeping with the following criteria:
- The number of overnight stays in the dwelling.
- The distance from the dwelling to the day-to-day work.
- Whether spouse or cohabitee and children reside in this dwelling.
- Size and quality of the dwelling.
- Whether the person’s property and belongings are kept in the dwelling.
(3) If, in the judgement of the city council, an
overall evaluation does not clearly indicate one of the dwellings as the
residence, the individual’s own wishes can be complied with. Such a choice
between a number of possible dwellings cannot be changed by the person in
question before there is any change in the conditions prevailing at the time the
choice was made.
Section 8. The city council shall register a child whose parents do
not have the same residence as resident with whichever of the parents the child
stays with most, regardless of which of the parents has legal custody.
(2) If the child stays with each of the parents for
equal lengths of time, the city council shall register the child with whichever
of the parents has custody unless the parents declare by their signature that
they agree to have the child registered with the other one. If the parents have
joint custody, the city council shall register the child with whichever of the
parents they declare to have agreed on by their signature.
(3) If the child stays for equal lengths of time
with each of the parents, who cannot agree on registration despite having joint
custody, the child shall remain registered at the address the child had prior to
the disagreement arising, where this is one of the addresses stated.
Section 9. The city council shall register a person
whose only dwelling is a boat, a caravan or some similar mobile home at the
address there if the boat, caravan or suchlike is permanently located in a
particular place. If this dwelling is not permanent, the city council can
register the person as resident there provided that the city council is in no
doubt as to that person’s address being located there.
Section 10. A city council surmising that a person has not been
correctly registered for residential purposes shall examine the case in order to
rectify any errors. The examination shall be conducted by the city council where
the person in question is registered unless it is privy to a particular address
in another municipality at which the person is thought to be staying. In the
latter case the examination shall be conducted by that city council.
(2) For use in the investigation of a person’s residential circumstances,
the city council may demand the following information in addition to the
information which it is entitled to in accordance with other legislation:
- A more detailed account of the residential circumstances from the person
itself.
- A statement from house-owner or tenant concerning who moves in or out of
their building or flat as well as who lives or stays in the building or flat.
- Information from Post Danmark (the postal service in Denmark), private
telephone and supply companies, private housing associations and societies,
unemployment funds, trade unions, and banks with a view to determining the
person’s residential circumstances.
(3) For use in the investigation of a person’s
residential circumstances, the city council may obtain information
electronically from other public authorities, including Post Danmark (the postal
service in Denmark). The information may be obtained as part of the
consideration of an individual case or as part of a general search for
controlling purposes.
Section 11. If, after conducting investigations into
a case, a city council deems a person to have been registered wrongly, the city
council shall invite the person concerned in writing to register relocation
within a fortnight, at the same time stating the basis for its opinions.
(2) If, within a fortnight of the letter having been
presumed to arrive, the city council has not received any response to change the
city council’s views about the correct address or if it has not proved possible
to contact the person, the city council shall make arrangements to register the
correct address, including departure from the country, where applicable.
(3) The city council shall notify the person
concerned in writing of the decision about the change of address and the basis
on which it was made.
(4) The Minister for the Interior may lay down rules
concerning notification of incomers by the city council at special
addresses.
Part 4
Domestic relocation
Section 12. Anyone moving or relocating is obliged to report this to
their new municipality of residence no later than five days after the move.
Reporting may also include those members of the household involved in the move,
thereby exempting these persons from having to report the move
themselves.
(2) The reports shall contain information about the moving party’s
- civil registry number,
- full name or addressing name,
- former address and municipality of residence,
- future address and municipality of residence, and
- date of move.
(3) The city council may require notice of change of
address to be made in writing and submitted on a special form.
(4) The city council can refuse to receive notice of
change of address earlier than four weeks prior to the move date stated. If the
city council surmises that the reported move is not correct, it is at liberty to
apply the rules in s 10(2)-(3), for use in making its decision.
(5) Anyone having reported a move is entitled to
obtain a receipt from the city council for the report.
(6) If a move that has been reported to a city
council is abandoned, the reporting party shall immediately inform the city
council to this effect. Once the move has been registered in the CPR, this,
including the date of the move, can only be amended if the city council is given
documentation that the information registered is incorrect.
Section 13. If the person moving is not capable of reporting the move
themselves, the move shall be reported by the person responsible for the person
concerned.
(2) Prior to registering a move for a child who has
previously shared a common residence with both parents, either parent not
involved in the move shall be given the opportunity to express his or her views
if that person is not a (co-)signatory to the change of address notice. The same
shall apply prior to registering a move for a child who has previously shared
common residence with one of the parents if that parent is not involved in the
move and is not a (co-)signatory to the change of address notice.
(3) If, when reporting any moves covered by (2),
there is any simultaneous surmisal concerning name and address protection, cf. s
28, at the address the child will be moving to, presentation shall always be
done by the municipality being vacated, which shall not disclose the new address
in the process. The Minister for the Interior shall lay down more detailed rules
in this respect.
(4) The city council can direct residential care
service managers and similar to provide ongoing information as to persons moving
into and away from the institution under the administration of the manager in
question.
Section 14. Performance of compulsory military
service per se does not entail any change in the residential registration of the
conscript, but military service must be registered in CPR until such time as it
has been completed.
(2) The Minister for the Interior shall lay down more detailed rules
regarding reporting and registration of conscripts in CPR.
Section 15. No change shall be brought about in a person’s residential
registration per se by that person being placed or incarcerated in one of the
Prison Service’s institutions from his or her former home in Denmark, but
placement shall be registered in the CPR until it desists.
(2) A person without any other dwelling residing at
one of the Prison Service’s halfway houses and wishing to be registered there
may be so.
(3) By agreement with the Minister for Justice, the
Minister for the Interior shall lay down more detailed rules for reporting and
registration in CPR of persons covered by (1).
Part 5
Immigration from abroad
Section 16. Registration of immigration from abroad
in CPR can only take place if the stay in Denmark is to last more than three
months.
(2) Persons immigrating from a Nordic country or an
EU or EEA country are only obliged to report immigration if their stay is due to
last more than six months. Persons immigrating from any other foreign country
are obliged to report immigration if their stay is due to last more than three
months. The moving party shall report the immigration to the new municipality of
residence no later than five days after the conditions in (5) and s 17 have been
fulfilled. Reporting may also include those members of the household
simultaneously immigrating and fulfilling the conditions for registration,
thereby exempting them from reporting the move themselves.
(3) Brief visits abroad do not result in an
interruption of the time limits in (1) and (2) for stays in Denmark as long as
the person in question mostly sleeps in Denmark during the period stated.
(4) If the city council has special reason to doubt
that the stay in Denmark will last more than three months, the city council can
wait to register the immigration, unless the person in question can present
documentation which in the opinion of the city council renders it probable that
the stay will be of the requisite duration. Persons arriving for the first time
with a residence permit issued with a view to staying permanently shall
invariably be regarded as meeting the time condition for registration.
(5) The city council can only register immigration
if the person in question has a residence or fixed place of abode in Denmark,
cf. s 6(1)-(2), and further meets the conditions in s 17.
(6) Notwithstanding the provisions in (1)-(5), a
Danish national entering the country in order to serve his or her military duty
in Denmark shall be registered as having immigrated on entering the country.
Section 17. For non-Nordic nationals, registration of immigration from
abroad in CPR shall require that they either have a residence permit or entry
clearance in accordance with the Danish Aliens Act or regulations issued in
pursuance thereof, or have confirmation from the Danish Immigration Service that
in accordance with the Aliens Act they are exempted from a residence permit or
entry clearance, cf. however (4).
(2) A previously used residence permit or entry
clearance can only be used if the immigration authorities confirm that the
residence permit or entry clearance has not lapsed or cannot be regarded as
having lapsed. If the final ruling is that the residence permit has lapsed, the
immigration authorities shall notify the city council, which shall register the
person concerned as having left the country on the date indicated in the
immigration authorities’ letter as the day of departure, irrespective of whether
he or she might still be staying in the country.
(3) A visa or exit limit in a passport is not
commensurate with a residence permit. An allocated exit limit entailing the
right to stay in Denmark for more than three months cannot form the basis for
registration.
(4) The provision in (1) shall not apply to persons
directly imprisoned from abroad to serve a sentence in one of the institutions
of the Prison Service.
Section 18. Foreign nationals who are either registered in the Danish
Ministry of Foreign Affairs’ records or whose stay in Denmark is regulated in
agreements governing the legal status of the forces or military headquarters
acceded to by Denmark shall not be registered in CPR as having immigrated to the
country.
(2) Similarly, foreign family members of persons
covered by (1) shall not be registered in CPR as having immigrated to the
country if they are part of the relevant person’s household.
Section 19. When reporting immigration from another Nordic country,
inter-Nordic relocation papers shall be surrendered.
(2) At the same time, the following shall be stated:
- any Danish civil registry number and
- any membership of the Danish National Church or of a Lutheran religious
organization abroad.
(3) Furthermore, on inquiry, information shall be
given about own children, spouse and parents not listed on the inter-Nordic
relocation papers.
Section 20. Moreover, in reporting immigration
from abroad, the following shall be disclosed:
-
full name,
-
any Danish civil registry number,
-
date of birth and place of registration of birth,
-
most recent address abroad,
-
date of move,
-
future address in Denmark,
-
marital status,
-
date of any marriage and registration authority,
-
any membership of the Danish National Church or of a
Lutheran religious organization abroad,
-
own children, spouse and parents not covered by the report,
and
-
nationality.
Section 21. The requisite documentation shall be
presented for the information in ss 19-20 and to prove that the person in
question complies with s 17.
(2) The city council can require any person covered
by a report about immigration to report in person prior to registration.
(3) The city council shall expressly draw the
attention of any immigrants stating that they are members of the Danish National
Church or of a Lutheran religious organization abroad to the fact that this will
result in their being recorded as members of the National Church.
(4) The Minister for the Interior may determine that
in the event of immigration more information needs to be given than indicated in
ss 19-20.
Section 22. On immigration from abroad the
immigration date recorded shall be the date of arrival subject to the exceptions
mentioned in (2) and (3).
(2) For refugees, registration in CPR shall be
carried out according to the rules for such in the law on the integration of
foreigners in Denmark (Danish Integration Act).
(3) Other foreigners whose immigration is registered
on the basis of a residence permit or entry clearance in accordance with the
legislation on foreigners that has been issued after their arrival shall be
registered as having immigrated on the date the residence permit or entry
clearance was issued.
Section 23. The Minister for the Interior lays down rules for the city
councils’ involvement in the reporting of immigration from another Nordic
country.
(2) The Faeroe Islands shall be placed on the same
footing as any other Nordic country in this part.
Part 6
Moving abroad
Section 24. Anyone moving abroad shall be registered
in CPR as having left the country, cf. however (5) and (6), and s 25(3). The
person concerned shall report the move to the municipality of residence prior to
departure. A stay of more than six months abroad shall always be reported as a
move abroad. If the stay abroad lasts six months or less and the former dwelling
is maintained at full availability, upon request the person shall have the right
to remain registered as resident there, cf. s 25(2), however. If the former
dwelling is not maintained at full availability during a stay of six months or
less abroad, the city council shall make a concrete evaluation of whether or not
a move abroad is involved.
(2) Brief visits to this country shall not be
regarded as an interruption of the stay abroad as long as the person in question
mostly sleeps abroad during the period stated.
(3) During stays abroad covered by (1), forth
sentence, (5), and (6), the person in question is entitled, but not obliged, to
have the foreign address current at any time as the supplementary address in
CPR.
(4) A foreign national leaving the country to serve
his or her military service shall be registered as having left the country
regardless of the length of stay abroad.
(5) Persons employed by the Danish government and
who have been ordered for service outside the Kingdom of Denmark shall never be
registered as having left the country regardless of the provision in s
24(1).
(6) A person cohabiting at an address shared with a
person covered by (5) shall not be registered as having left the country if the
two cohabitees in question have contracted a marriage or registered partnership
with each other or meet the conditions for entering into marriage or registered
partnership with each other and had established a common residence prior to
leaving the country. The same shall apply to their children under the age of 18,
where they are resident with the parents.
Section 25. Upon receiving the report of a move to a
Nordic country, the city council shall issue inter-Nordic relocation papers,
which the moving party is obliged to surrender to the local registration
authority at the place of immigration.
(2) Anyone staying in another Nordic country shall
be registered as having left Denmark if the local registration authority in the
country of immigration notifies that the person must be registered as having
immigrated to that country.
(3) The city council cannot register persons who
have reported a move to another Nordic country as having left Denmark until the
local registration authority in the country of immigration has notified that the
person in question has been registered as resident there or that registration
need not take place owing to the provisions of the country of immigration
concerning extraterritorial persons. In all other cases the person shall remain
registered in his or her former municipality and/or as having vacated the
previous address.
(4) The city council shall provide the registration
authorities in a Nordic country with the information necessary for them to make
their evaluation of the residency issue, cf. (2) and (3).
Section 26. Reports concerning a move abroad shall contain information
about the moving party’s
- civil registry number,
- full name or addressing name,
- former address and municipality of residence,
- date of move, and
- any future address or country of residence.
(2) The date registered by the country of
immigration as the immigration date shall be used as the relocation date for
persons being registered in another Nordic country. In all other cases the date
of exit from the country shall be registered as the date of the move. This also
applies to stays abroad that subsequently become so protracted that the person
in question needs to be registered as having left the country, cf. s
24(1).
(3) During the stay abroad the person concerned
shall be entitled, but not obliged, to have the foreign address current at any
time registered in CPR as well as any contact address in Denmark to which public
authorities and private individuals can send the person’s post.
Section 27. The Minister for the Interior lays down
rules for the city councils’ involvement in reporting a move to another Nordic
country.
(2) The Faeroe Islands shall be placed on the same
footing as any other Nordic country in this part.
Part 7
Protection of registrees from disclosure of information
Section 28. Upon application to their municipality of residence,
anyone shall be entitled to obtain name and address protection so that the
person’s name and address in CPR may not be disclosed to private individuals,
cf. however s 34, s 38(4), s 42(3)-(5), s 43(1), and s 45. Protection shall
lapse after one year unless the person wishes it to lapse prior to that or the
city council deems that unique conditions make the person eligible for
protection for longer than one year.
Section 29. Upon application to their municipality of residence,
anyone shall be entitled to have local directory protection registered in CPR so
that the person in question is not listed in local directories, cf. s 47.
(2) Upon application to their municipality of residence, anyone shall
be entitled to have a mark inserted in CPR ensuring that the person in question
does not receive enquiries in connection with statistical and scientific studies
to which the Ministry of the Interior, in accordance with ss 35-36, supplies
information from CPR or undertakes the addressing and dispatch of
material.
(3) Upon application to their municipality of
residence, anyone shall be entitled to have a mark inserted in CPR exempting
that person from approaches which are made for marketing purposes. Such a mark
provides both the protection against marketing laid down in s 6a of the Danish
Marketing Practices Act combined with s 40(4) and (5) of this Act and the
protection against disclosure etc. for use in another company’s marketing laid
down in s 36 of the Danish Act on Processing of Personal Data.
Section 30. Persons enjoying name and address protection under s 28
are likewise protected in accordance with the provisions of s 29(1) and (2) as
long as the name and address protection remains in force.
(2) Where the person has had separate protection
registered under one or more of the provisions in s 29(1) and (2), such
protection shall not lapse until the person issues the municipality of residence
with instructions to do so.
(3) The Minister for the Interior lays down more
detailed provisions on the city councils’ procedure in connection with
allocating name and address protection.
Part 8
Disclosure of information to public authorities by the city
councils and the Ministry of the Interior
Section 31. Information in CPR and older national register material
may be passed on to another public authority in accordance with the rules in the
Danish Act on the Processing of Personal Data.
Section 32. When a public authority needs information that is
registered in CPR, the authority may obtain the information from CPR, cf. s
33(1), however.
(2) The Ministry of the Interior lays down the
terms, including those for safety precautions and payment, governing disclosure
of information from CPR in accordance with (1).
Section 33. Public authorities’ one-off enquiries concerning
information from CPR shall be addressed to a city council, which may levy up to
DKK 27 per enquiry to cover its costs, cf. (3), however.
(2) Enquiries about information in older national
register material not available in CPR shall be addressed to the municipality of
residence at the time, which may demand that the costs involved in replying to
the enquiry be paid by the enquirer, cf. (3), however.
(3) The Ministry of Social Affairs’ enquiries with a
city council for use in its administration of the pension rules stipulated in
pursuance of the EC regulation on social protection for employees etc. moving
within EU or EEA countries, and cases concerning pension paid under rules set
out in agreements with other countries shall be free of charge.
(4) The city council can determine that enquiries
under (1)-(3) are to be made in writing.
Section 34. An authority may only disclose information, including
protected names and addresses received under ss 31-33, to other public
authorities or private individuals if such disclosure follows from the law or
provisions stipulated in pursuance of the law, or the Ministry of the Interior
has given permission for such.
(2) Any authority receiving information about
protected names and addresses under ss 31-33, cf. s 28, shall ensure in handling
such information that these names and addresses are not made available to
private individuals. The authority shall further register information about
protection in all cases involving a name and address. This information shall
always be communicated in connection with any disclosure of a name and address
to others, cf. (1).
(3) The provisions in (2) shall not apply, however,
where otherwise specified by law or by provisions stipulated in accordance with
the law.
Part 9
Disclosure etc. of information by the city councils and the
Ministry of the Interior
for statistical or scientific purposes
Section 35. For use for statistical or scientific purposes the
Ministry of the Interior may pass on information from CPR or undertake
addressing to a specifically defined group of persons. This is conditional on
the recipient being entitled to treat the information in accordance with the
Danish Act on the Processing of Personal Data. The Ministry of the Interior lays
down the terms, including those for safety precautions and payment, governing
disclosure of information or addressing and dispatch.
Section 36. For statistical or scientific purposes the Ministry of the
Interior may provide access to electronic searching and retrieval in CPR. This
is conditional on the recipient being entitled to treat the information in
accordance with the Danish Act on the Processing of Personal Data. The Ministry
of the Interior lays down the terms, including those for safety precautions and
payment, governing access to electronic searching and retrieval.
Section 37. For statistical or scientific purposes the city council
may decide to supply information that is not registered in CPR but is available
in older national register material within the municipality. This is conditional
on the recipient being entitled to treat the information in accordance with the
Danish Act on the Processing of Personal Data. The city council may stipulate
that the recipient covers the costs associated with the supply.
Part 10
The Ministry of the Interior’s disclosure of information to
private individuals
Section 38. Public limited companies, private
limited companies, trusts, foundations, enterprises, and other bodies corporate
and natural persons operating a business shall, in accordance with the
provisions in this section and in s 40, be entitled to have information in CPR
supplied by the Ministry of the Interior about a substantial group of persons
which the parties in question have previously identified individually, cf. (5).
For associations it is also a condition that they have a creditable
objective.
(2) The information that can be disclosed under (1) is
- present name, unless protected, cf. s 28,
- present address, unless protected, cf. s 28, and the date of the move to
it,
- position, where stated,
- any mark exempting that person from approaches which
are made for marketing purposes cf. s 29(3),
- Any death, date of the death and the deceased’s address at the time,
unless protected, cf. s 28,
- any disappearance and the date of such,
- any exit from the country and the date of such, any
new address abroad, unless protected, cf. s 28, and the date of such,
- any contact address and the date of such, and
- any guardianship in accordance with s 6 of the
Danish Guardianship Act, the date of such and the guardian’s name and
address, or
- ongoing amendments to the data listed in paragraphs 1-9.
(3) Companies and pension funds covered by the
Danish Act on Insurance Transactions and financial institutions in their
management of savings for pension purposes, cf. Part 9a of the Danish Commercial
Banks and Savings Banks Act, shall, in addition to the information in (2), be
entitled to be provided with information concerning marital status and date of
marital status, apart from information on separation.
(4) Credit reference agencies granted permission to
make credit status enquiries by the Danish Surveillance Authority shall be
entitled to have names and addresses from CPR disclosed irrespective of whether
these are protected under s 28.
(5) Identification of the individual persons under (1)-(4) shall be
provided by means of
- civil registry number,
- date of birth and name (present or previous) or
- address (present or previous) and name (present or previous).
(6) The supply of information under (1)-(4) is
conditional on the recipient being entitled to handle the information under the
Danish Act on the Processing of Personal Data.
Section 39. Public limited companies, private
limited companies, trusts, foundations, enterprises, and other bodies corporate
and natural persons operating a business shall be entitled to be allowed by the
Ministry of the Interior to make one-off enquiries covered by s 42(1)-(2), cf. s
42(6), as one-off electronic queries to CPR. For associations it is also a
condition that they have a creditable objective.
Section 40. The Ministry of the Interior lays down
the terms, including those for safety precautions and payment, governing
disclosure of information in accordance with s 38(1)-(4) and s 39.
(2) Information obtained under ss 38 and 39 may not
be disclosed to other private individuals unless so implied by law or provisions
laid down in accordance with the law, or unless the Ministry of the Interior has
given permission for such. In disclosing name and address information,
information concerning any name and address protection granted, cf. s 28, shall
also be passed on.
(3) Protected names and addresses, cf. s 28,
obtained by credit reference agencies in accordance with s 38(4), may not be
disclosed by the same.
(4) Every quarter the Ministry of the Interior
prepares a list containing information of current name and address as well as
any most recent previous address within the past 3 years for all persons who
under s 29(3) have a mark in CPR exempting these persons from approaches which
are made for marketing purposes. Persons with name and address protection under
s 28 are not included in the list.
(5) Businessmen are entitled to receive a copy of
the list mentioned in (4) against payment of an amount covering the costs
connected with the disclosure. Organisations which protect the businessmen’s
industry interests are on equal terms entitled to receive the list mentioned in
(4) with a view to disclosing the list to member companies. The list may not be
disclosed to other parties or made public.
Part 11
The Ministry of the Interior’s mailings for foreign
authorities
Section 41. For public authorities in other countries, the Ministry of
the Interior can address and dispatch electoral or referendum material to
nationals of the relevant country living in Denmark who are registered in CPR.
The party requesting addressing and mailing may not be supplied with the names
and addresses of the addressees. The Ministry of the Interior lays down the
terms, including those for safety precautions and payment, governing addressing
and mailing.
Part 12
The city councils’ disclosure of individual items of information
etc. to private individuals
Section 42. On application to a city council, anyone
shall be entitled to receive information in CPR about a specific person whom the
party in question has previously identified, cf. (6).
(2) The information that can be disclosed in accordance with (1) is
- present name, unless protected, cf. s 28,
- present address, unless protected, cf. s 28, and the date of the move to
it,
- position, where applicable,
- any mark exempting that person from approaches which
are made for marketing purposes cf. s 29(3),
- any death, date of the death and the deceased’s address at the time,
unless protected, cf. s 28,
- any disappearance and the date of such,
- any exit from the country and the date of such, any
new address abroad, unless protected, cf. s 28, and the date of such,
- any contact address and the date of such, and
- any guardianship in accordance with s 6 of the Danish Guardianship Act,
the date of such and the guardian’s name and address.
(3) Companies and pension funds covered by the
Danish Act on Insurance Transactions and financial institutions in their
management of savings for pension purposes, cf. Part 9a of the Danish Commercial
Banks and Savings Banks Act, shall, in addition to the information in (2), be
entitled to have such information disclosed concerning marital status and date
of marital status, apart from information on separation, as well as information
on the person’s blood relationships, including blood relatives’ names and
addresses, whether or not protected under s 28, as is necessary to pay out an
insurance sum to the beneficiary.
(4) Credit reference agencies granted permission by
the Danish Surveillance Authority to make credit status enquiries shall be
entitled to have names and addresses from CPR disclosed irrespective of whether
these are protected under s 28.
(5) Protection of a person’s name and address, cf. s
28, cannot normally be maintained vis-à-vis creditors intending to take steps to
collect or recover an outstanding debt. In the event of the existence of the
debt being called into doubt, the city council shall obtain a statement from the
debtor indicated before the information can be disclosed.
(6) Identification of the relevant person under (1)-(4) shall be provided
by means of
- Name (present or previous) and date of birth
- Name (present or previous) and address (present or previous) or
- Name (present or previous) and civil registry number.
Section 43. The city council may pass on protected
names and addresses in CPR, cf. s 28, to private individuals having a legal
interest in such information concerning a person previously identified, cf. s
42(6). It is a condition that the protectee has been given the opportunity to
voice his or her views on the wish expressed and has not raised any objection to
disclosure that the municipality deems worthy of being attributed greater
importance than the legal interest of the person concerned in receiving the
protected information.
(2) Anyone able to substantiate that they have a
legal interest in information in CPR concerning a person previously identified,
cf. s 42(6), other than that which is mentioned in s 42(2)-(5), and s 43(1), can
obtain such. This also applies to information about the name, address and date
of birth of the identified person’s present and former spouse, and present
children and parents, though information about civil registry numbers can never
be given, cf. s 46, however.
Section 44. Information received in accordance with
s 42(3)-(5) and s 43 may not be passed on to other private individuals unless
implied in law or provisions stipulated in pursuance of the law. When disclosing
name and address information in accordance with s 42(5) and s 43(1), information
concerning any name and address protection, cf. s 28, shall also be
disclosed.
(2) Names and addresses that have been supplied in
accordance with s 42(5) and s 43(1), may only be used for purposes laid down by
the city council.
(3) Protected names and addresses, cf. s 28,
obtained by credit rating agencies in accordance with s 42(4), may not be
disclosed by them.
Section 45. Anyone shall be entitled to have
information disclosed by a city council concerning the names of persons who,
according to CPR, are registered in a dwelling of which the person in question
can document (co-)ownership or tenancy. This shall apply irrespective of whether
the registered persons enjoy name and address protection in accordance with s
28.
Section 46. On application to a city council, anyone
shall be entitled to receive certification in Danish of current and former
information registered in CPR or other national register material in that
municipality about the person him/herself, including the civil registry numbers
of own children, spouse and parents. Any request for information concerning
addresses prior to 1 January 1971 shall be directed to the municipality of
residence at the time.
Section 47. For use in the printing of local
directories, the city council may decide to disclose information about names,
positions and addresses for people registered in CPR who are resident in the
municipality, unless such individuals enjoy name and address protection in
accordance with s 28 or local directory protection in accordance with s 29(1).
The city council shall lay down the terms for such disclosure and in so doing
may determine that residents of institutions of a special nature are not to be
included in local directories. Ongoing amendments to previously disclosed
information may not be supplied.
(2) As a condition of disclosure in accordance with
(1), the city council shall stipulate that the information is not to be used or
disclosed for the purpose of publication in electronic form.
Section 48. On application to a city council that
has older national register material on the person identified, anyone entitled
to information from CPR in accordance with ss 42 and 43 shall be entitled to
obtain the same information from that material.
(2) The provisions in s 44 shall apply equally to
information supplied in accordance with (1).
Section 49. On application to a city council that has registered such
information on the deceased, anyone able to identify in advance a deceased
person, as stated in s 42(6), shall be entitled to obtain the following
information:
- All names, including former names
- Date and place of birth
- Marital status date and place of marriage
- Date of death and place of death registration
- All addresses, indicating dates of vacation and relocation
- Blood relationships with the deceased, indicating the relative’s name and
date of birth and place of registration, though not for relatives still alive.
(2) Disclosure in accordance with (1) is further
subject to the information not being available in CPR and additionally being
more than 30 years old.
Section 50. On application to a city council, anyone
able to identify a deceased person, cf. s 42(6), shall be entitled to obtain
information from CPR needed to administer an estate abroad. The same applies if
such information is available in older national register material in the
municipality.
(2) On application to a city council, anyone able to
identify a deceased person, cf. s 42(6), shall be entitled to obtain information
from CPR for use in addressing a burial or cremation request to the burial
authority. The same shall apply if this information is available in older
national register material in the municipality.
(3) Information on a civil registry number can never
be given in pursuance of (1) and (2).
Section 51. The city council may determine that enquiries in
accordance with ss 42-43, ss 45-46, and ss 48-50 are to be made in
writing.
(2) For each individual enquiry in accordance with
ss 42, 43, 45, and 46, the city council may levy up to DKK 52 to cover its
costs. The city council may also demand that all costs associated with
disclosure in accordance with ss 47-50 be covered by the recipient. The city
council may demand that payment for replying to the request or the disclosure be
made in advance.
Part 13
Public authorities’ treatment of civil registry numbers
Section 52. If, in accordance with the Danish Act on the Processing of
Personal Data, a public authority uses the civil registry number as a means of
identification or record number, it shall be the civil registry number for the
person to whom the case pertains.
(2) The provision in subs. 1 shall not apply,
however, if it follows from laws or provisions stipulated in pursuance of the
law, that it is necessary within an administrative domain to allocate several
persons to the same case. In such instances the administration shall itself
decide how to organize the internal case registration most expediently. In its
organization, it shall pay heed to equal status considerations, amongst
others.
Section 53. Where a public authority uses the civil registry number to
approach a person about his or her circumstances, the authority shall use the
person’s own civil registry number. Similarly, a person can only be asked for
his or her own civil registry number when applying to public authorities in
situations covered by s 52.
Section 54. Public authorities shall ensure that the civil registry
number does not fall into the hands of unauthorized parties. Civil registry
numbers may not be marked in completely legible form on the outside of letters,
in window envelopes or in other despatches to the person concerned. Where
necessary in such cases to state some form of identification, the civil registry
number shall be obscured so as not to be immediately recognizable.
(2) The civil registry number can be stated in fully
legible form on a giro paying-in slip as long as this is forwarded to the person
concerned in a sealed envelope.
(3) The civil registry number may not be published,
even in the official gazette, apart from notices advertising for beneficiaries
of an estate, unless implied by law or provisions laid down in pursuance of the
law.
Part 14
Readiness, safety precautions etc.
Section 55. The Ministry of the Interior shall take
measures allowing the disposal or destruction of CPR in the event of war or
similar conditions.
(2) During the period preceding any war or similar
conditions, the Ministry of the Interior shall provide printouts from CPR for
use in the city councils’ manual administration of the personal registration
procedure.
(3) The Ministry of the Interior shall establish a
special standby system, enabling information to be extracted at any time for use
in compiling electoral registers and polling cards in connection with
elections.
(4) If CPR is partly or fully destroyed or is
rendered unserviceable, the city councils may, in accordance with more detailed
directions from the Minister for the Interior, instruct public authorities and
those residing or staying in the municipality to volunteer the information
needed to restore CPR.
Part 15
Complaints and penalties
Section 56. Any complaint about a city council’s decision in
accordance with this law may be brought before the Ministry of the Interior
within four weeks of the complainant having received notification of the
decision. This shall be done by delivering a complaint in writing to the city
council that has made the decision.
(2) If the city council cannot uphold the
complainant, the complaint shall be forwarded together with the reasoning for
the decision and the re-evaluation to the Ministry of the Interior with a copy
to the complainant. The copy to the complainant shall be endorsed with
information stating that any comments the complainant may have concerning the
re-evaluation must be presented to the Ministry of the Interior within four
weeks of the complainant having received notification of the
re-evaluation.
(3) A complaint about registration of residence
cannot pertain to a registration that goes back further than two years prior to
the presentation of the complaint unless the registration has been amended
during that period.
(4) The decision of the Ministry of the Interior may
involve dismissal, affirmation, remission for review or an amendment to the
ruling complained about. In the event of an amendment to the ruling, the
Ministry of the Interior may immediately undertake the necessary correction of
the registration in CPR.
Section 57. Unless a higher penalty is merited in accordance with other
legislation, punishment in the form of a fine shall be imposable on anyone
deliberately or through gross negligence
- failing to report a move promptly, cf. s 12(1), first sentence, s 13(1), s
16(2), and s 24(1),
- failing to report an abandoned move, cf. s 12(6), first sentence,
- surrendering wrong information about the actual move and the circumstances
to be registered in connection therewith, cf. s 12(2), s 16(4), and ss 19-20,
- violating s 40(2) and (3), s 40(5), third sentence, ss 44 and 47, and
terms stipulated under s 32(2), s 35, third sentence, s 36, third sentence,
and s 40(1), or
- omitting to submit information under s 10(2) and (3), s 13(4), and s
55(4), or submitting misrepresentations, cf. s 10(2), paragraph 2.
(2) Companies etc. (legal persons) can be held
criminally liable in accordance with the rules in Part 5 of the Danish penal
code.
Section 58. The city council may advise the person
concerned that a violation of the provisions set out in s 57(1), paragraphs 1-3
and paragraph 5, can be decided without legal proceedings in the event of the
party pleading guilty to the violation and declaring him/herself willing to pay
the municipal treasurer’s department a fine, within a period of time to be
specified and extendable upon request, indicated in the proposed
settlement.
(2) Similarly, the provision in s 831(1), paragraphs
2 and 3, of the Danish Administration of Justice Act on the substance of the
indictment shall apply to any proposed settlement made in accordance with
(1).
(3) If the fine is paid promptly or collected
following acceptance or a sentence is served, any further proceedings shall be
dropped.
Part 16
Commencement etc.
Section 59. The Minister for the Interior shall
stipulate the time for the coming into force of the Act.
(2) The Danish National Registration Act shall
simultaneously be repealed, cf. Danish Consolidation Act No. 525 of 30 June
1998.
(3) The Ministry of the Interior’s circular no. 28
of 20 February 1995 on updating and operating CPR’s road and dwelling register
shall remain in force until rescinded or superseded by regulations issued in
pursuance of this Act.
(4) Rulings appealed prior to the commencement of
the Act shall be heard in full according to the appeal rules formerly in effect.
Section 60. The Act shall not apply to the Faeroe
Islands and Greenland, but in the event of a royal decree may be enacted for
Greenland subject to the departures dictated by special Greenland
conditions.
Schedule 1
The data content of the Danish Civil Registration System (CPR),
cf. s 4, is as follows:
- Civil registry number information: Civil registry number, cf. s 3,
cross-reference between new and previous civil registry number stored in CPR
(historical) in the event of change to civil registry number, e.g. in the
event of error in sex and date of birth, cf. s 3(5).
- Name information: Given name, middle name and surname, own surname, i.e.
the person’s most recent surname acquired on some basis other than marriage,
mark to denote lack of opportunity for correct registration of name, cf. s
5(3), and addressing name, cf. s 5(4)-(8). Former names are stored in CPR
(historical).
- Address information:
- Municipality, road/street, house number, floor, side-door number,
building number, c/o name, locality, town/city name, postcode and postal
district.
- Address abroad, cf. s 26(3).
- Previous addresses, including entry into country, exit, retracing and
disappearance, as well as previous addresses abroad are stored in CPR
(historical).
- Supplementary address, i.e. information on address abroad in connection
with stay abroad of six months or less, cf. s 24(3), for persons ordered
into service abroad by the Danish government and such persons’ households,
cf. s 24(5) and (6), or information on the barracks in the case of military
service being performed, cf. s 14(2).
- Contact address, cf. s 26(3), i.e. an address to which public
authorities and private individuals can send the relevant person’s post
during a registered stay abroad.
- Relocation order in accordance with planning legislation (second homes
and holiday cottages).
- Birth registration information: Place of birth registration, i.e. current
name for parish or country of birth, continent where applicable, location of
registered information, and date of birth and sex. Previous birth registration
information is stored in CPR (historical).
- Nationality information: Nationality, i.e. statement of current name for
the country of which the person in question is a national citizen, continent
where applicable. If the person is stateless, this is indicated. Former
nationality is stored in CPR (historical).
- National Church information: Information about membership of the Danish
National Church, voluntary union congregation combined with the National
Church, the National Church but exempted from church tax during a stay abroad
because church tax is payable to the Church of Denmark Abroad or to the Danish
Seamen’s Church, or not a member of the National Church. Previous National
Church information is stored in CPR (historical).
- Blood relationship information: Information about mother, father, children
and holders of legal custody.
- Marital status information: Information about single, married, divorced,
widow or widower, registered partner, dissolution of registered partnership,
longest-living partner or dead, as well as information about spouse or
registered partner and about separation. Previous marital status information
is stored in CPR (historical).
- Status information: Indication of whether the person concerned is
registered in CPR on account of current or previous residential connection
with Denmark or Greenland in the form of residence, of no fixed abode,
disappearance, exit from country or death, or whether person is registered
solely on the grounds of inclusion under ATP (Danish Labour Market
Supplementary Pension Scheme), cf. s 3(1), paragraph 2, or processing of tax
cases, cf. s 3(1), paragraph 3. In addition, for certain civil registry
numbers, reservation, cancellation, alteration or deletion on account of
misregistration is also registered.
- Protection information, if any: Any name and address protection, cf. s 28,
local directory protection, cf. s 29(1), protection from researcher’s
enquiries, cf. s 29(2), or any mark exempting that person from approaches
which are made for marketing purposes, cf. s 29(3). Previous protection
information is stored in CPR (historical).
- Any occupational information: Any occupational title previously requested
by the person in question, which the person can have changed or deleted on
application to the municipality of residence.
- Any information on municipal affairs: Any information held by the
municipalities that the person is living separately from his or her spouse, is
a foster child, pension matters, former district of residence, when this
municipality has general obligation of payment (law on municipal compensation
and general subsidies to municipal and county local government, s 25(3)),
membership of a voluntary union congregation where the congregation and
municipality have agreed that the municipality will levy church contributions
for the congregation, and indication of collective housekeeping or family
code.
- Any information about municipal memoranda: Registration by the Ministry of
the Interior and the municipalities of certain factual items of information of
obvious importance to the performance of its tasks in accordance with national
register legislation, e.g. information as to the unknown whereabouts of the
person, or about incarceration or placement in one of the Prison Service’s
institutions etc., cf. s 15(3).
- Any markings of subscription to personal data: The authorities and private
individuals who, in accordance with s 32 and s 38, respectively, subscribe to
updated information from CPR for a substantial, defined group of individuals
who are identified individually.
- Any electoral information: Inclusion on electoral register for
parliamentary elections, referenda and elections to the European Parliament
for persons who have left the country, and certain special electoral
information for use in connection with elections to the European Parliament.
- Any guardianship information: Information that the person is under
guardianship, with deprivation of legal capacity, cf. s 6 of the Danish
Guardianship Act, and the name and address of the guardian.
- Any basis for stay: Information about basis for stay in accordance with
the Danish Aliens Act or regulations issued in pursuance thereof. Previously
registered basis for stay is stored in CPR (historical).
- For the information listed in paragraphs 1-17, the time of updating, start
of validity and any final date etc. shall also be registered, together with
the authority that has approved and/or updated the registration, and any
special documentation for a given item of information as well as certain
technical control data.
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