Article 28. Database of Compulsory Insurance against Civil Liability in respect of the Use of Motor vehicles

1. When performing the functions of an information centre, the Bureau shall ensure the coordination of collection of data specified in paragraph 3 of this Article and their communication to persons who are entitled to receive such information under this Law.

2. The Bureau shall manage the data stored in the database, including personal data, without the consent of the data subject with the purpose of ensuring that the system of compulsory insurance against civil liability in respect of the use of motor vehicles should function in compliance with the requirements of the legal acts of the Republic of Lithuania and international legal acts.

3. The database shall contain the following data:

1) the registration plate number and other identification data of a motor vehicle normally based in the territory of the Republic of Lithuania as well as data on the user of motor vehicle, such as his personal code (business code), full name (business name) and address of place of residence (establishment);

2) a list of motor vehicles which are exempt under the legal acts of the Republic of Lithuania and of other Member States of the European Union from the obligation to have compulsory insurance against civil liability in respect of the use of motor vehicles, and information as to who shall compensate the damage caused by such motor vehicles;

3) data on standard and frontier insurance contracts and certificates (number of the insurance certificate, period of validity of an insurance contract (where the period of validity of the certificate has expired, also the date of termination of the insurance cover), name of the insurer and other information specified in the insurance certificate);

4) data on the Green Cards and other information indicated therein;

5) data on insurers and their claims representatives;

6) data on institutions or organisations of other Member States of the European Union responsible for the compensation of damage caused to third parties injured in road accidents;

7) data on motor vehicles involved in road accidents in the territory of the Republic of Lithuania;

8) data on persons who caused road accidents and victims of the road accidents as well as information related to the damage done;

9) information provided by the information centres of other states.

4. Data processed in the database shall be provided free-of-charge by establishments, institutions and organisations obliged by the legal acts of the Republic of Lithuania to register and process such data in the registers or databases administered or managed by them (hereinafter referred to as the “institutions providing data”), members of the Bureau, and data subjects. The institutions providing data shall transmit the data to the Bureau by electronic means. Data on the insurance contracts concluded, insurance certificates issued, information related to causing of damage and changes in the said data shall be immediately transmitted by the members of the Bureau to the Bureau by electronic means. The members of the Bureau must transmit by electronic means the data on claims representatives, but not later than within 5 days from the date of appointment of a representative. If the data change, the institutions providing data to the Bureau and members of the Bureau shall be obliged to update them.

5. The data on insurance contracts in the database shall be preserved for a period of seven years after the termination of the insurance contract.

6. The Bureau shall provide the information stored in the database, including personal data, without the consent of the data subject to persons who have a legitimate interest in obtaining it (national insurers’ bureaux of other states under mutual agreements and commitments arising from the Bureau’s membership in the Council of Bureaux, information centres and compensation bodies of other Member States of the European Union and the Swiss Confederation, the members of the Bureau, reinsurers, victims of road accidents, and other persons entitled to receive information of this type).

7. At the request of the injured third party and other persons entitled to access to information contained in the database, the Bureau shall provide them with access to any available data, provided that such persons indicate their legitimate interest in accessing such data, if:

1) the request is made in writing;

2) the request is received not later than within seven years after the date of the road accident;

3) the information is sufficient to identify the motor vehicle or the person in respect of whom the request is made.

8.: The injured third party who is permanently resident in the Republic of Lithuania or who has suffered damage caused by a motor vehicle normally based in the territory of the Republic of Lithuania or who has suffered damage in a road accident occurring in the territory of the Republic of Lithuania shall be entitled to immediately receive the following information from the Bureau:

1) name and address of the responsible insurer;

2) number of the insurance certificate;

3) full name or business name and address of the claims representative of the responsible insurer in the Member State of the European Union in which the injured third party is permanently resident;

4) name and address of the owner or user of motor vehicle;

5) where the damage is caused by a motor vehicle the user of which, under the legal acts of another Member State of the European Union, is exempt from the obligation to conclude an insurance contract in the state of registration, any available information about an authority or institution of another Member State of the European Union responsible for handling the claim.

9. The Bureau shall provide the data specified in paragraph 3 of this Article to the information centres or compensation bodies of other Member States of the European Union at their request.