THE PERSONAL IDENTIFICATION NUMBER FOR NATURAL PERSONS

Transcription

1 THE PERSONAL IDENTIFICATION NUMBER FOR NATURAL PERSONS Senior lect Antigona Camelia Iordana, Ph.D TITU MAIORESCU UNIVERSITY, Faculty of Law Reader Carmen Palacean, Ph.D TITU MAIORESCU UNIVERSITY, Faculty of Law As a rule, any request for information regarding a natural person or a legal person that proceeds from an administrative authority can possibly harm public freedom. This is why such a request must always have a legal basis. Once the legal frame for collecting data by the administration is provided, the principle of administrative transparency grants legitimate access of all citizens to all data held by the administration, except for the case when there is a legal disposition against it, when the law is against this transparency. First named the French number or the registry number from the National registry for personal identification the NIR- was created by Rene Carmille 1. The creator of the identity number is famous in France rather for the circumstances of inventing this administrative institution, which are linked to neither the social security needs, nor to those of national education, but rather to those of military recruitment. Under the Vichy regime, between April and August 1941 Rene Carmille accomplished the first general registry of the French citizens, in order to secretly prepare the mobilization of a French army. This experimental number had 12 digits and used 12 columns of the 80 existing in the standard perforated books of the age: two for the year of birth, two for the month of birth, two for the department of birth, three for the administrative unit if the birth (no department consisted of more than 1000 administrative units), and the last three digits for the order of succession in the month of birth (no administrative unit would register more than 100 births a month). Later this codification was taken up in Algeria for the census of Jews, Muslims and other categories of persons. Its target was to card the whole French and non-french population, but the discriminating criteria of the census were ethnic or statutory, according to the policy from Vichy 2. Thus, the meaning of the two first digits of the NIR code which stand for the sex of the person today used to be more complex in that period, as follows: - numbers 1 or 2 indicated the sex for the French of origin or naturalized ones: - numbers 3 or 4 indicated sex for the native Muslims and for the non Jewish persons from the colonies: - numbers 5 or 6 were destined for the Algerian native Jews: - 7 and 8 for the foreigners: - 9 or 0 for persons with non-defined status 3. This discriminating codification used in Algeria was annulled in September 1944, when the column race was annulled on all documents held by the National Statistics Service, and in May 1945 the first two digits of the identification number were finally limited to sex: 1 for male, 2 for female. In 1946 the management of the NIR was given to the National Institute for Statistics and Economic Studies (NISES) by Decree number of July 14 th, institute which administrates the National registry for natural persons identification NRNPI and the identification number became the Social Security Number. To avoid all interconnection among the files and to prevent personal data from being used for other purposes than the registry purpose the French National Information and Liberties Commission (FNILC) refused to use a unique identification number for natural persons, the social security number being mainly used in the field of social protection and administrative services (taxes, education, police etc.). From analyzing the legislation of the main European states on the existence of a unique identification number for natural persons we find that these can be divided into three groups 4 : 1 Rene Carmille, born in 1886, died for France in the Dachau camp in 1945 where he had been deported. He created under German occupation the NSS National Statistics Service, which became the National Institute for Statistics and Economic Studies (NISES) in 1946 and an individual number which became afterwards the Social Security Number 2 On the 7 th October 1940 in the general madness regarding the statute of Jews, the Vichy regime abolished the Cremieux decree of 1870 which declared that the native Jews from the departments of Algeria are French citizens. The native Jews became subjects, just like Arabs; another discriminating measure regarded ruling out their children from public schools. 3 Le NIR et l interconnexion des fichiers, article mis en ligne le Jeudi 11 oct. 2007, available at page=imprimer&id_article=136 of 26 December Le numéro unique d identification des personnes physique, available at noticerap/ 2007/lc181-notic.html of 15 December 2007

2 1. a group of states which introduced a single identification number for the persons: Belgium, Denmark, Holland and Sweden: 2. a group of states which did not introduce this single identification number but which, in fact, are using a territorial identification number like the single identification number : Switzerland, Italy, Spain and France: 3. a group of states which object to creating a unique number: Austria, Germany, Great Britain and Portugal. In Romania, introducing the Personal identification number into the identification means of a natural person is the result the new computing and information technology. Absolute individualization of a natural person in time and space through numbers involves specifications in the Romanian civil law, in comparison with the provisions of the Immediate Order number 97/2005 regarding recording, residence and identification documents of Romanian citizens 5, ratified with modifications and additions by Law number 290/2005. Through Law number 105/1996 a new personal identification marker was introduced the Personal Numeric Code 6 (or personal identification number), which together with the name, place of residence and marital status are mentioned in the identity card 7. The juridical grounds for this quality is article 5 from Law no. 105/1996 regarding population evidence and the identity card, Law no. 119/1996 regarding marital status documents and articles from the Methodology for applying the provisions of Law no. 119/1996. According to the provisions in article 6 paragraph 1 of Immediate Order number 97/2005 approved with modifications and additions through Law no. 209/2003: the Personal Numeric Code, hereafter named PNC, represents a significant number which individualizes a natural person and is the only identifying mark which individualizes a natural person and is the only identifier for all information systems that process personal data regarding the natural person. From the legal provisions follows that the PNC is a personal right, from the category of the non-patrimonial personal rights, having juridical features specific to these rights: it is an absolute right, opposable erga omnes, and has a correspondence in the general negative obligation of passive non-determined subjects to enterprise any harmful actions: it is an indefeasible right, it is inseparable from its title holder, it cannot be the object of transfer among lawful subjects. It cannot be lost by not using it and once given, the holder cannot give away or give up his PNC: it is a right valid forever and so is the quality of a legitimate subject, shown by his nonpatrimonial corresponding personal rights: it is an unnoticeable right, meaning that it is not part of the natural person s patrimony, so he cannot be prosecuted for forcible recovery: it is a strictly personal right, it cannot be exercised by legal representation the rules that regulate the PNC are imperative. The personal non-patrimonial right regarding the PNC also has personal juridical features: lawfulness the PNC can only be given according to the law. Legal provisions admit the PNC as a quality and aptitude of the natural person, any modification being admitted only according to the law: generality it follows from a series of abstract aptitudes, such as: the ability of the natural person to obtain a PNC, his ability to ask for modifications of the PNC and his ability to make use of civil law means to protect his right: universality consists in the provision of the law by which all natural persons have the right to a PNC and the provisions by which a person individualizes in time and space by it, wherever he/she might be. Giving the name as an identification attribute to the natural person is not absolutely universal regarding individualization. In direct social relations among people, the natural person will not be individualized by using his PNC but by using his/her name. In relationships regarding the information system, the name of the natural person has no significance to identifying that person, instead 5 Immediate Order number 970/2005 was ratified with modifications by Law no. 290/2005 and promulgated by Decree no. 1002/2005. Immediate Order number 97/2005 annulled Law no. 105/1996 regarding people s evidence and the identity card. 6 The personal numeric code was first introduced by Decree no.59/1978 to modify Law no. 5/1971 regarding identification documents of the Romanian citizens and also the procedure of changing place of residence. 7 The persons who did not have the PNC mentioned on the Identity bulletin (on the Identity Card it is automatically written) had to go to the Population Evidence Department of their place of residence to mention this code in the personal evidence file within 120 days from the Law no. 105/1996 coming into effect.

3 the person s PNC is used. This is why the two attributes have different role in identifying the natural person in time and space. Equality consists in that the natural person s PNC has equal legal conditions for all natural persons, Romanian citizens, regardless of race, sex, nationality, ethnic origin, religion or other criteria; Compulsory character from the attribute of universality follows the compulsory character of the PNC for all legal persons. The PNC is given at birth to all Romanian natural persons, regardless of whether they were born in the country or abroad or if their statute in relation to their parents is established or not. The PNC is a personal right and a means of identifying the natural person and its compulsory character derives from the law, without the option of modifying it, except for the cases and procedures established by law. Intangible, sacred is the feature according to which no natural person can be deprived of using or exercising this right; Unique of its kind a natural person has only one PNC given at birth, which is different from all the other Romanian natural persons. Thus it is the only identification quality which absolutely identifies the Romanian natural person, as there are no Romanian natural persons to have the same PNC. On a structural level the PNC contains the following 8 : A significant part the first 7 digits which represents sex, the century and date of birth, as follows: SYYMMDD. The first digit (S) stands for the sex and the century a person was born, the next two (AA) are the last two digits of the year of birth, the following (MM)- the month of birth and (DD) the day of birth. To avoid confusion regarding the year of birth, as only the last two digits are represented in the PNC, there have been made some differentiations regarding the sex of the persons as follows: 1. for people born in the 19 th century (including 1899) the digit for sex is 3 for male and 4 for female; 2. for people born in the 20 th century (including 1999) the digit for sex is 1 for male and 2 for female; 3. for people born in the 21 st century ( ) the digit for sex is 5 for male and 6 for female. A sequential part formed by 5 digits (from the 8 th to the 12 th ) of the following pattern: DDNNN. The first two (DD) represent the sequence given to the district or sector where the person was born or resided after being given the PNC and the following 3 digits (NNN) represent a number of sequences (between 001 and 999) given by assignment by which persons of the same sex, born in the same place at the same time (year, month, day) are differentiated; The control digit (C), the 13 th, assigned by the computer, has the role to allow finding any occurring errors of replacement or reversing the digits from the PNC. According to the provisions of article 6 paragraph 3 of Immediate Order no. 97/2005, the PNC is only given to Romanian citizens: starting at birth, every natural person is given a PNC which is written in the registry documents and certificates and are mentioned in all the other official documents given to that specific person and also mentioned in the Permanent Registry for Population Records (today called National registry for personal records a.n.). Likewise, Law no. 119/1996 contains items regarding the assignment of the PNC: article 25 orders that on recording the birth, the registrar assigns and mentions the personal numeric code, which is thereafter mentioned in the birth certificate as in all other documents regarding that person. The provisions of Governmental Decision no. 1375/2006 regarding the Methodology for unitary applying of legal orders regarding personal records, place of residence and identity documents of Romanian citizens also refer to the way of assigning the PNC. Thus article 14 paragraph 1 of the Methodology orders that: On registration of birth in the Birth Registry, the natural person is given a personal numeric code, hereafter named PNC. Following the mentioned provisions, the persons who are given a personal numeric code are: - Romanian citizens born in Romania; - Romanian citizens born abroad. According to the provisions of article 6 paragraph 4 of Immediate Order no. 97/2005: the assignment of the PNC is performed public services for personal records inside the country, and by the External Affairs Ministry, through diplomatic representatives and consular offices of Romania in other countries, on the basis of the lists given in paragraph 2. 8 According to the Methodology of unitary application of legal provisions regarding records, place of residence and identity documents of Romanian citizens, ratified by Governmental Decision no. 1375/2006

4 The personal numeric codes are generated at the National Database Administration Centre for Public Records (NDACPR) which distributes the corresponding lists to the regional public services for personal records and the city of Bucharest, respectively, and also to the General department of consular affairs of the Foreign Affairs Ministry, lists which contain the personal numeric codes assigned for the current year. The management and control for the assignment of the PNC is the duty of the public community services for personal records, coordinated by the National Inspectorate for Personal Records. The personal numeric cod is written on the birth document and birth certificate, the identity card, the marriage document and marriage certificate, the death document and death certificate, the passport, the driving license, military license etc. The assignment of the PNC is performed only for the persons born alive (even if on the date of birth registration the person is not alive any more) on the basis of the data from the birth document and according to sex 9. Once the PNC given, it can no longer be changed except for the cases mentioned in article 15 of the Methodology ratified by Government Decision no. 1375/2006 as follows: A new PNC is given to the same person in one of the following situations: a) the birth act was corrected and the data mentioned in the PNC were modified; b) the birth certificate was incorrectly filled in with the PNC c) the PNC was wrongly assigned; d) the applicant changed his/her sex; e) there are non-conformities regarding the PNC. The personnel of the public community service of personal records have the obligation to communicate the new PNC, in a written address, to the registry department which registered the birth, with a view to mentioning the PNC in the birth document. The cases of double or erroneous PNC are resolved by the NDACPR in collaboration with the public community service for personal records. In juridical literature 10 it was considered that the only way to lose the PNC is by losing Romanian citizenship, by which the natural person is eliminated from the Romanian citizens records and thus from the information systems which process data regarding natural persons from Romania. The enumeration of the multitude of PNC users shows its large spreading in all public and private life sectors. The use of the PNC is nowadays at hand for different users (employees, virtual sales persons, health departments, notary publics) who are directly and/or possibly interested in knowing different aspects and data of a natural person s private life, including his/her health condition. In 2030 Mrs. X is reading her To applicant We regret to inform you that your application for the vacant job cannot be taken into consideration. According to the law of the 10 th of February 2016 regarding the individual automatic physical and moral profile of the employee, the Internal resources department has contacted the regional agency for human resources with a view to communicating your predicted health profile. According to the profile in Medical Record no which indicates the possible rupture of a chromosome and disappearance of a portion of it from region W98dfy43 of chromosome 17, which leaves you subject to an infection with F12x hepatitis, the predictive score of your health leads to a final employment coefficient of 0, 55 while the minimum requested by our board of administration is 1, 5. Furthermore: - you and your husband have purchased a house which is situated 30 km away from our headquarters; the coefficient is 0.75%; - you have 2 children in maintenance for whom you have changed 19 babysitters in the last two years; the coefficient is 0.52% Science-fiction? Doubtless. However, who could reject this scenario 100%, as long as all personal data are subject to inter-connection of files from all domains: insurance, banking, health, work relations? In order to keep the security of our social body, so that the Big Bank, the Big Doctor, the Big Salesperson should not become Big Brother, the use of personal data which are part of the unique personal identification number should be restricted and should truly obey the principles that protect the private live of every person. Selective bibliography 9 I. Urs, C. Ilie-Todică, Teoria persoanelor. Subiectele de drept civil, Editura Oscar Print, Bucureşti, 2003, p Lupu, Codul numeric personal, atribut de identificare a persoanei fizice, în Dreptul nr. 9/1997, p

5 1. O.D. Lupu, Codul numeric personal, atribut de identificare a persoanei fizice, in Dreptul nr. 9/ I. Urs, C. Ilie-Todică, Teoria persoanelor. Subiectele de drept civil, Editura Oscar Print, Bucureşti, I. O. nr. 970/2005 approved with modifications by Law no. 290/2005 and promulgated by Decree no. 1002/2005.I.O. no. 97/2005 annulled Law no. 105/1996 regarding population records and identity card. 4. Le NIR et l interconnexion des fichiers, article mis en ligne le Jeudi 11 oct. 2007, disp. pe id_article=136 of 26December La carte d identitaté électronique en Europe: Belgique, Italie, Espagne, Pays-Bas, Grande-Bretagne, Allemagne, available at fileadmin/documents/approfondir/dossier/cni-biometric/identite-electronique-europe.pdf of 10 January Le NIR, un numéro dont l usage doit rester cantonné, 14/03/2007 Tribune, available at: of 17 July Le NIR, commuément appelé numéro de securité sociale, son historie, les dangers de l interconnexiou des fichieres (Première publication le 27 avril 1999, complétee le 11 octobre 2007), available at Article136 of 15 January Le numéro unique d identification des personnes physique, available at http :// fr/noticerap/2007/lc181-notice.html, of10 January C.O du 25 Juillet Réforme du répertoir national des attributaires Reprise massive du numéro d identification unique du registre national des personnes physiques, available at CO php, of 10 January Décret du du 14 mars 1973 (texte fondateur): relatif à la création d un système national d identification et d un répértoir des entreprises et de leurs établissements, available at com/cms/images/pdf, of 10 January 2008