Reform of Public Registers in the Name of Transparency

Abstract

The article entitled „Reform of Public Registers in the Name of Transparency” examines the transparency of records in relation of the reforms of the two most significant public registries: person and property. Among the legal facts underlying the decisions of legal entities, data from public records are of paramount importance. The meaning of public credibility however, differs from register to register. The article first describes its normative content, examines the possible approximation of definitions belonging to the meaning range of public credibility on other criteria, including correctness, common knowledge, completeness and good faith through its appearance. The investigation concludes that the the legislator did not manage to create a uniform public credibility formula in the laws of both the real estate register and the newly created company register, later the register of legal entities. On the other hand, the article also examines the transparency problems inherent in the electronic process of the already electronically stored data in the procedure. Along the concept of the digital state, digital citizenship aims to connect all state registers and specialist systems, which raises many new questions: the connection itself, the use of data other than their original collection purpose, data different from the original documents entering the system, data transmission, and new ones arising during electronic procedure problems inherent in the data. The article examines the parallels of citizen IDs vs. personal numbers used for data interconnection, the resulting fundamental law problems, and the reservations formulated by the Constitutional Court more than thirty years ago: finding it relevant again, thus it warns of the impairment of the right to informational self-determination.