The identification number, as a unique identifier for citizens, will replace the personal identification number (JMB) in all state registers, but only after Montenegro joins the European Union (EU).
This is stated, among other things, in the report from the public debate on the Draft Law on Identification Number (IB), which the Ministry of Internal Affairs published yesterday. From the department in charge Danilo Šaranović, they added that IB will replace JMB, within two years of accession at the latest.
The public debate on the Draft Law on IB was published on March 31 and lasted until April 21. Proposals, suggestions and comments were submitted by the Post of Montenegro, Montenegrin Telecom, the Ministry of Public Administration and the American Chamber of Commerce.
The Ministry of Interior began issuing electronic ID cards in 2020. According to the law, this ID card contains an IB, but this information has not, as announced, replaced the JMB to date, but has been entered on the document's chip. The JMB, as in the case of the old ID card, is entered on the document itself and is still visible.
The Law on the Central Population Registry prescribes a personal identification number, but Šaranović's department has not previously clarified whether, in addition to the JMB, the Law also recognizes the IB, and if not, whether amendments to the Law on the Central Population Registry are necessary and when they will occur.
Citizens have been receiving IB for the past five years, along with their electronic ID card, in the form of a paper certificate.
The American Chamber of Commerce sent a comment to the Ministry of Internal Affairs about the role of the identification number:
"The draft law on IB should resolve the issue of the role of the identification number in the identity of citizens. Although the intention of the proponents of the regulation is to ensure legal certainty and the application of IB, it essentially relies heavily on the current Regulation on Determining the Identification Number, without a clear intention to replace the JMB and data protection. In order for the Law to be effective and in line with best practices, it is necessary to improve the content by clearly defining the status of IB, in which personal documents it will be contained (we also draw attention to the fact that the Draft Law mentions foreigners, and that permits issued to foreigners in Montenegro are not considered personal documents), transitional measures, control mechanisms and data protection in accordance with the GDPR," they stated.
The Ministry of the Interior partially accepted this suggestion, specifically, in that they will amend Article 15, paragraph 2. In the Draft, this article refers to the termination of the Regulation on the Method of Determining IB (Official Gazette 11/2020), which now regulates the determination of IB.
Šaranović's department states that they will add a paragraph to that article that refers to the deadlines within which the IB will replace the JMB:
“Where it is added: JMBs are to be replaced by identification numbers in all official registers. Paragraph 3 The implementation of paragraph 2 of this Article is planned to be ensured no later than two years from the date of Montenegro's accession to the EU”.
They will remove the JMB from the confirmation.
The proposal to specify which electronic records are to be entered into IB and within what deadlines was also partially accepted.
In this regard, the Ministry of the Interior responded that in Article 4, paragraph 1 of the law, after "electronic records", they will add the "Central Population Registry", the management of which is under the jurisdiction of that department.
The American Chamber's proposal was also accepted that the IB certificate should remove data that is not necessary for the purpose of issuing the IB certificate, "especially the JMB and the name of the parent, in order to avoid a direct link of the IB with other identifiers containing sensitive data."
"It is accepted, so Article 6, paragraph 3 states: The certificate contains the name of the authority that issued the MUP, the number and date of issue, the name of the Certificate on the assignment of the identification number and the identification number, the personal name of the person to whom the identification number was assigned, the signature of the authorized official and a place for the stamp," reads the response of the Ministry of Internal Affairs to that proposal.
To correct the error, a maximum of 24 hours
The Ministry of the Interior has also accepted that a deadline be defined within which that department is obliged to correct an error, such as not assigning an IB, and this will, as they state, be "no later than 24 hours from the time it is determined that the identification number has not been assigned."
The comment that users who maintain special registers of processing that include IB, are obliged to keep records of processing was also accepted.
The Ministry of Interior has also partially accepted the proposal of Montenegrin Telecom for amendments to Article 10, paragraph 3, so that qualified electronic trust service providers who provide the service of issuing qualified certificates for electronic signatures can use IB and data from the register of identification numbers, in accordance with the law regulating electronic identification and electronic signature.
"It is partially accepted that instead of the term 'who perform the service of creating a qualified certificate' it should read 'the service of issuing a qualified certificate'," the Ministry of Interior's response states.
The rulebook will regulate the use of JMB and IB until the final replacement
The Post of Montenegro has submitted a proposal to add a new article after Article 10, which describes the processing, use and protection of data, which would deal with the method of taking over citizens' IBs from the official records of the Ministry of Internal Affairs:
"Where it would be defined in what way which entities and bodies, under what conditions, can download identification data electronically, in order to ensure more efficient performance of the work of the aforementioned bodies and entities. This is because the Post Office, in its regular procedures and activities during the production of qualified digital certificates, needs to identify citizens and verify their JMB or IB."
The Ministry of Internal Affairs responded positively to this proposal and said that they would "specify the above in a rulebook that would elaborate on the implementation of this law in more detail."
The Post Office also suggested that the law specify in which situations and in what way it will be necessary to use the JMB, and in which IB. As an explanation, they state that in the work of the Certification Body, including the Post of Montenegro, "forms in which the JMB is entered are used, for the purpose of applying for the creation of a digital certificate."
"We assume that in the future it will be necessary to enter IB instead of JMB, which should be described more precisely in the law," they state.
The Ministry of Interior partially accepted the suggestion, stating that by the start of the implementation of the IB (as announced no later than two years after Montenegro's accession to the EU), it will specify this in a regulation.
He previously commented on the draft law on ID for "Vijesti" Dejan Abazović, Master of Electronics and Telecommunications, IT consultant and former State Secretary at the Ministry of Public Administration (MPA). Among other things, he said that the introduction of IB will require changes to many laws, bylaws and information systems that currently use JMBG.
"This process can be complex and time-consuming," he said, adding that it will take time for citizens and institutions to get used to using the new identification number and to understand its purpose and benefits.
In this regard, Abazović recommended an effective information campaign.
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