The translation of this document is outdated.
Translation validity: 28.12.2021.–03.07.2023.
Amendments not included:
08.06.2023.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
20 December 2012 [shall
come into force on 23 January 2013];
28 May 2015 [shall come into force on 1 July 2015];
1 November 2018 [shall come into force on 28 November
2018];
23 September 2021 [shall come into force on 28 December
2021].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima 1 has adopted and
the President has proclaimed the following law:
Law on the Operation of the
Schengen Information System
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in the Law:
1) Member State - a country which applies the
provisions of the Schengen acquis in respect of the use of the
Schengen Information System;
2) Schengen Information System (hereinafter - the
System) - an information system which has been established in
accordance with the legal acts of the European Union in order to
strengthen public order and safety in the territory of the Member
States, ensuring that alerts are available to the competent
authorities and institutions of the Member States;
3) SIRENE information system - a data processing system
in which supplementary information is processed and with the help
of which alerts are processed;
4) alert - a set of data to be entered in the System
regarding a person or an object;
5) supplementary information - the information
specified in Article 3(2) of Regulation (EU) 2018/1862 of the
European Parliament and of the Council of 28 November 2018 on the
establishment, operation and use of the Schengen Information
System (SIS) in the field of police cooperation and judicial
cooperation in criminal matters, amending and repealing Council
Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006
of the European Parliament and of the Council and Commission
Decision 2010/261/EU (hereinafter - Regulation 2018/1862);
6) discreet check - an activity carried out by an
official of the competent authority in accordance with Article
37(3) of Regulation 2018/1862;
7) specific check - an activity carried out by an
official of the competent authority in accordance with Article
37(5) of Regulation 2018/1862;
8) interview - an activity carried out by an official
of the competent authority in accordance with Article 37(4) of
Regulation 2018/1862;
9) object - the object referred to in Article 38(2) of
Regulation 2018/1862 in respect of which an alert is entered in
the System.
[20 December 2012; 23 September 2021]
Section 2. Purpose and Scope of
Application of the Law
(1) The purpose of this Law is to ensure the use of the System
for strengthening public order and safety in the Member
States.
(2) This Law prescribes the procedures for the maintenance and
use of the System and the SIRENE information system in Latvia,
the authorities and institutions responsible for ensuring the
operation thereof, and also the functions of the abovementioned
authorities and institutions.
Section 3. Use of the System
(1) The authorities and institutions specified in this Law are
entitled to enter alerts in the System and to have access to the
alerts entered in the System so that, in conformity with the
principles of the operation of the System, they would circulate
and receive information necessary for the performance of their
functions.
(2) The division of the State Police - SIRENE Bureau of Latvia
(hereinafter - the Bureau) shall use the System in order to
supervise the conformity of the alerts to be entered with the
laws and regulations governing the operation of the System and to
facilitate the action that is necessary for the achievement of
the objective for which alerts are entered in the System.
Section 4. Supervision of the Use of
Information
(1) Information that is entered in the alerts and
supplementary information shall be used only for such objectives
for which it has been provided.
(2) The supplementary information existing in the archives of
the Bureau may be used for the prevention and detection of
criminal offences.
(3) The personal data processing provided for in this Law
shall be supervised by the Data State Inspectorate.
Chapter II
Maintenance of the System and the SIRENE Information System
Section 5. Ensuring of the Operation
of the System
(1) The technical operation of the System in Latvia shall be
ensured by the Information Centre of the Ministry of the Interior
(hereinafter - the Centre).
(2) The Centre shall perform the functions of the System
manager in relation to the State of Latvia's section of the
System in conformity with the conditions of this Law.
(3) The Centre shall supervise the conformity with the
technical requirements laid down in the laws and regulations
governing the operation of the System.
(4) If the authorities or institutions which enter alerts in
the System or which have access to the alerts existing in the
system cannot ensure the conformity with the technical
requirements, the Centre may deny them access to the System until
elimination of deficiencies.
Section 6. Ensuring of the Operation
of the SIRENE Information System
(1) The technical operation of the SIRENE information system
in Latvia shall be ensured by the Centre.
(2) The Centre shall perform the functions of SIRENE
information system manager in conformity with the conditions of
this Law.
(3) The access to the SIRENE information system is granted
only to the Bureau for the performance of the functions
thereof.
Chapter III
Inclusion of Alerts in the System
Section 7. Decision on Inclusion of
an Alert in the System
(1) The Office of the Prosecutor General shall take a decision
that an alert on persons wanted for arrest with a view of
extradition is to be entered in the System.
(2) The decision on inclusion of an alert in the System shall
be taken by a person directing proceedings within the scope of
specific criminal proceedings or by a judge within the scope of
controlling the enforcement of a judgement regarding a person
where there are no grounds for requiring arrest with a view of
extradition, but who is sought after in order to ascertain the
permanent location thereof for the performance of procedural
actions.
(3) The decision on inclusion of an alert in the System shall
be taken by a person directing proceedings within the scope of
specific criminal proceedings or by a body performing operational
activity within the scope of operational activity procedure
regarding an unidentified person in order to perform procedural
actions or operational activity measures.
(4) The decision on inclusion of an alert in the System shall
be taken by a person directing proceedings within the scope of
specific criminal proceedings regarding the objects referred to
in Article 38(2) of Regulation 2018/1862 in order to ensure that
they are seized or used as evidence in criminal proceedings in
conformity also with other laws and regulations governing the
operation of the System.
(5) The decision on entering an alert in the System shall be
taken by the subject of the operational activity within the scope
of the particular process of operational activity in relation to
the alert regarding:
1) a missing person who is sought in order to determine the
location thereof;
2) a missing person who is sought in order to provisionally
place him or her under protection for the prevention of
threats;
3) a person in order to obtain information thereon through the
discreet check, specific check, or interview as specified in
Article 36(1) of Regulation 2018/1862;
4) the object or non-cash means of payment referred to in
Article 36(1) of Regulation 2018/1862 in order to obtain
information thereon through the discreet check or specific
check.
(6) The decision on entering an alert in the System shall be
taken by a departmental examiner within the scope of the
particular departmental examination of the police in respect of
the alert on the following:
1) a missing person who is sought in order to determine the
location thereof;
2) a missing person who is sought in order to provisionally
place him or her under protection for the prevention of
threats.
(7) The decision on entering an alert in the System shall be
taken by an official of the Office of Citizenship and Migration
Affairs or the State Border Guard in the case referred to in
Article 3(1) of Regulation (EU) 2018/1860 of the European
Parliament and of the Council of 28 November 2018 on the use of
the Schengen Information System for the return of illegally
staying third-country nationals.
(8) An official - the Minister for the Interior, the Director
of the Consular Department of the Ministry of Foreign Affairs, or
an official of the diplomatic or consular mission of the Republic
of Latvia who is authorised to perform consular functions, the
head of the Office of Citizenship and Migration Affairs or an
authorised official thereof, the Chief of the State Border Guard
or an authorised official thereof - who takes the decision to
include a foreigner in the list of the foreigners for whom entry
in the Republic of Latvia is prohibited may, on a case-by-case
basis, take the decision to enter an alert in the System in order
to prevent entry and stay of the relevant foreigner in the Member
States that apply the Schengen acquis in respect of the abolition
of border control at internal borders.
[23 September 2021]
Section 7.1 Appeal of the
Decision on Inclusion of an Alert in the System
(1) A foreigner in respect of whom the Minister for the
Interior has taken the decision to include an alert in the System
has the right to appeal it in accordance with the same procedures
as those laid down in the Immigration Law for appeal of the
decision of the Minister for the Interior to include a person in
the list of the foreigners for whom entry in the Republic of
Latvia is prohibited. The decision on inclusion of an alert in
the System which has been taken by another official may be
contested or appealed by the foreigner in accordance with the
procedures laid down in the Administrative Procedure Law.
(2) Contesting and appeal of the decision on inclusion of an
alert in the System shall not suspend the execution thereof.
(3) A court shall examine an application regarding the
decision of the Minister for the Interior referred to in
Paragraph one of this Section in accordance with the same
procedures as those laid down in the Immigration Law for
examination of the application regarding the decision of the
Minister for the Interior to include a person in the list of the
foreigners for whom entry in the Republic of Latvia is
prohibited. An application regarding the decision taken by
another official shall be examined in accordance with the
procedures laid down in the Administrative Procedure Law.
[20 December 2012]
Section 8. Ensuring of Supplementary
Information
(1) The officials referred to in Section 7 of this Law, when
taking the decision on entering an alert in the System, shall
ensure that supplementary information is accessible to the Bureau
for transmission to the Member States.
(2) The procedures by which availability of the supplementary
information shall be ensured to the Bureau and the procedures by
which authorities and institutions shall exchange supplementary
information shall be determined by the Cabinet.
(3) If the transmission of supplementary information to Member
States through the SIRENE information system is not permissible
in accordance with the laws and regulations governing the
protection of information, the officials referred to in Section 7
of this Law may not take the decision on entering an alert in the
System.
Section 9. Entering Alerts in the
System, Correction and Deletion
(1) An alert shall be included in the System, corrected, and
deleted by the following:
1) the State Revenue Service, the Corruption Prevention and
Combating Bureau, the Military Police, the Prison Administration,
the Internal Security Office, units of the Office of the
Prosecutor, the State Security Service - for the objectives
referred to in Section 7, Paragraphs one, two, three, four, and
five of this Law;
2) the State Police - for the objectives referred to in
Section 7, Paragraphs one, two, three, four, five, and six of
this Law;
3) the Constitution Protection Bureau and the Military
Intelligence and Security Service - for the objectives referred
to in Section 7, Paragraph five, Clauses 3 and 4 of this Law;
4) the Office of Citizenship and Migration Affairs - for the
objectives referred to in Section 7, Paragraphs seven and eight
of this Law;
5) the State Border Guard - for the objectives referred to in
Section 7, Paragraphs one, two, three, four, five, seven, and
eight of this Law.
(2) It shall be permissible to include alerts in the
System:
1) if an entry has been made in any State information system
regarding the same person or object for the achievement of an
objective identical to the objective specified in Section 7 of
this Law (hereinafter - the entry equivalent to the alert);
2) in accordance with Section 7, Paragraph two of this Law,
also if an entry has been made in any State information system
regarding the same person who is sought in order to ensure the
application of a compulsory measure involving deprivation of
liberty or execution of a punishment but there are no grounds for
requiring arrest thereof with a view of extradition (hereinafter
- the related entry).
(21) The State Security Service may take the
decision not to include an alert in the System in the case
referred to in Article 21(2) of Regulation 2018/1862.
(22) In deleting the entry equivalent to the alert
or the related entry referred to in Paragraph two of this
Section, the alert shall also be deleted in the System. In
deleting the alert on the person referred to in Paragraph two of
this Section, the alert on the object shall also be deleted.
(3) The Cabinet shall determine the procedures for including
alerts in the System as well as for correcting and deleting
them.
[20 December 2012; 28 May 2015; 1 November 2018; 23
September 2021]
Section 10. Inclusion of Alerts in
the System to Prevent the Use of Invalid Objects, Correction ad
Deletion of Such Alerts
(1) The Office of Citizenship and Migration Affairs shall
include alerts in the System on personal identification documents
(passports, identity cards), temporary documents, visas,
residence permits, and travel documents in order to seize the
abovementioned documents if they have been recognised as invalid
but their illegal use is possible.
(2) The Registry of Seamen of the Maritime Administration of
Latvia shall enter alerts in the System regarding seaman's
discharge books in order to seize seaman's discharge books if
they have been recognised as invalid but their illegal use is
possible.
(3) The Road Traffic Safety Directorate and the State Agency
for Technical Surveillance shall include alerts in the System on
the driving licences, vehicle registration certificates, and
State registration number plates of vehicles referred to in
Article 38(2) of Regulation 2018/1862 in order to ensure the
seizure thereof if the abovementioned objects have been
recognised as invalid but their illegal use is possible.
(4) It shall be permissible to include an alert in the System
if a State information system contains the entry equivalent to
the alert. When deleting the entry equivalent to the alert, the
alert in the System shall be deleted as well.
(5) The procedures by which the alerts referred to in
Paragraphs one, two, and three of this Section shall be entered
in the System, and also corrected and deleted shall be determined
by the Cabinet.
[20 December 2012; 23 September 2021]
Section 11. Withdrawal of Alerts
(1) If the necessity to achieve the objective due to which the
alert has been entered in the System has ceased or it is not
possible to ensure the achievement thereof, the officials
referred to in Section 7 of this Law shall immediately revoke the
decision on entering the alert in the System, and also shall
delete the alert in the System or shall inform thereof the
relevant authority or institution which is responsible for the
deletion of the alert.
(2) In withdrawing the decision on inclusion of an alert in
the System, an official shall assess whether the entry equivalent
to the alert or a related entry is to be retained in any State
information system.
[1 November 2018; 23 September 2021]
Section 12. Priority List of
Alerts
(1) [23 September 2021]
(2) If several alerts regarding the same person or object must
be included in the System in accordance with the requirements of
Section 7 or 10 of this Law, an alert which has been given higher
priority as specified in Paragraph three or four of this Section
shall be maintained in the System. If the objectives of the
alerts are identical, the alert that has been entered earlier in
the System shall be regarded as that of higher priority.
(3) Depending on the objective due to which the alerts
regarding persons should be entered in the System, the priorities
to these alerts are determined in the following order:
1) to arrest with a view of extradition;
2) to refuse entry and stay in the Member States;
3) to return a person according to the decision;
4) to locate a missing person;
5) to temporarily place under protection for the prevention of
threats;
6) to obtain information through the specific check -
immediate action;
7) to obtain information through the specific check;
8) to obtain information through the interview - immediate
action;
9) to obtain information through the interview;
10) to obtain information through the discrete check -
immediate action;
11) to obtain information through the discrete check;
12) to locate;
13) to establish the place of permanent residence;
14) to return a person if a decision has not been
appended.
(4) Depending on the objectives for which the alerts on
objects are to be included in the System, such alerts are given
priority in the following order:
1) to seize or use as evidence in criminal proceedings;
2) to seize an invalid travel document;
3) to seize;
4) to obtain information through the specific check -
immediate action;
5) to obtain information through the specific check;
6) to obtain information through the interview - immediate
action;
7) to obtain information through the interview;
8) to obtain information through the discrete check -
immediate action;
9) to obtain information through the discrete check.
(5) The alert of a lower priority may be entered or maintained
in the System, upon agreement with the official whose competence
includes taking of the decision on an alert of higher
priority.
(6) The Bureau shall coordinate the actions of authorities and
institutions in relation to maintaining of alerts in the System.
In an exceptional case, in order to enter an alert of higher
priority in the System, the Bureau has the right to delete the
alert of lower priority from the System, informing the relevant
official referred to in Section 7 of this Law thereof. If the
alert of lower priority has been entered in accordance with the
requirements of Section 10 of this Law, the Bureau shall delete
it without informing.
[23 September 2021]
Section 13. Co-existence of Alerts
of the Member States
(1) If a request of a Member State to delete an alert entered
in the System by the Republic of Latvia has been received, the
Bureau shall delete it, coordinating the relevant official
referred to in Section 7 or the institution referred to in
Section 10 of this Law. If the official referred to in Section 7
or the institution referred to in Section 10 of this Law does not
agree to the deletion of the alert and substantiates the action
thereof, the alert shall be retained in the System.
(2) If the alert of lower priority of a Member State specified
in the laws and regulations governing the operation of the System
has been entered in the System which prevents the entry of the
alert in the System, the Bureau shall send a request to the
relevant Member State to delete such alert from the System.
Chapter IV
Ensuring the Execution of the Alerts Entered in the System
Section 14. Access to the Alerts
Entered in the System
(1) The following authorities shall have access to all alerts
included in the System according to their competence specified in
the laws and regulations governing the operation of the
System:
1) the State Police;
2) the State Security Service;
3) the State Border Guard;
4) the local government police;
5) the Military Police;
6) the State Revenue Service;
7) the Corruption Prevention and Combating Bureau;
8) the Prison Administration;
9) units of the Office of the Prosecutor;
10) courts;
11) the Constitution Protection Bureau;
12) the Internal Security Office;
13) the Military Intelligence and Security Service.
(2) The Road Traffic Safety Directorate and the State Agency
for Technical Surveillance have the right to access the alerts
included in the System in accordance with Article 45(1) of
Regulation 2018/1862 for the sole purpose of viewing the relevant
alerts.
(3) The Office of Citizenship and Migration Affairs, the
Consular Department of the Ministry of Foreign Affairs,
diplomatic and consular missions of the Republic of Latvia abroad
have the right to access the alerts included in the System and
conduct a search therein in accordance with Article 34(1) and (4)
of Regulation (EU) 2018/1861 of the European Parliament and of
the Council of 28 November 2018 on the establishment, operation
and use of the Schengen Information System (SIS) in the field of
border checks, and amending the Convention implementing the
Schengen Agreement, and amending and repealing Regulation (EC) No
1987/2006 and Article 44 of Regulation 2018/1862.
(4) The Maritime Administration of Latvia and the Civil
Aviation Agency have the right to access the alerts included in
the System in accordance with Article 46(1) of Regulation
2018/1862 for the sole purpose of viewing the relevant
alerts.
(5) In accordance with Articles 44(1)(b) and 46(1) of
Regulation 2018/1862, the Naval Forces of the National Armed
Forces have the right to access the alerts included in the System
regarding boats, boat engines, and the objects referred to in
Article 38(2)(l) of Regulation 2018/1862, except for a driving
licence, for the sole purpose of viewing the relevant alerts.
(6) The Centre shall grant access to the alerts included in
the System to officials of the authorities and institutions
referred to in this Section upon a written request from the head
of the authority or institution.
[23 September 2021]
Section 15. Assessment of the Alerts
Entered by the Member States
(1) In assessing the alert of a Member State and supplementary
information related to it, the Bureau shall take the decision on
not taking the action requested in the alert within Latvia if the
execution of the alert is contrary to the laws and regulations or
if, in relation to the action requested in the specific alert, a
decision which does not permit the execution has already been
taken in accordance with the procedures laid down in the law.
(2) If, in taking the decision specified in Paragraph one of
this Section, the official of the Bureau has reasonable doubts
whether the action requested in the alert is permissible, a
decision shall be taken in coordination with the authority or
institution which is competent to decide on the action that
follows the execution of the action requested in the alert after
determination of the location of a person.
Section 16. Execution of Alerts
(1) Officials of the authorities and institutions referred to
in Section 14, Paragraphs one, two, three, and four of this Law
who establish a person or an object in respect of which the alert
has been included in the System shall, according to their
competence, take the measures provided for in the laws and
regulations in order to achieve the objective indicated in the
alert. The Bureau shall be immediately informed of the
established person or object.
(2) The Bureau, after receipt of supplementary information,
shall perform the actions referred to in Paragraph one of this
Section or shall organise the performance of the abovementioned
actions.
(3) In order to achieve the objective due to which the alert
has been included in the System, officials of the authorities and
institutions referred to in Section 14, Paragraphs one, two,
three, and four of this Law may:
1) request the necessary information and explanations;
2) request and receive a specialist consultation;
3) determine an expert-examination and receive an expert
opinion;
4) obtain samples and seize objects if it is necessary for the
performance of an expert-examination.
[20 December 2012; 23 September 2021]
Section 17. Conditions for
Processing Supplementary Information
(1) The Bureau, after receipt of supplementary information,
shall initiate an investigation case and shall keep together all
materials related to examination of supplementary information and
execution of the alert. In initiating the investigation case, it
shall be registered in the SIRENE information system, indicating
the registration number, the date of the initiation of the case
and providing a brief description of the content.
(2) If an investigation case has been initiated and the System
contains an alert on the person or object to be investigated, the
Bureau shall destroy (delete) such case after one year, counting
from the day when the relevant alert has been deleted in the
System. If an investigation case has been initiated but the
System does not contain any alert on the person or object to be
investigated, the Bureau shall destroy (delete) such case after
one year, counting from the day when the investigation case has
been initiated.
(3) If measures have been taken in Latvia for the achievement
of the objective indicated in the alert, the Bureau shall keep
the investigation case in its archives for 10 years.
[23 September 2021]
Chapter V
Rights of Data Subject
Section 18. Rights of Persons to
Receive Information
(1) The data subject (or its authorised person) may receive
information concerning himself or herself which is kept in the
System and in the SIRENE information system, and also information
on the recipients of his or her personal data if it is not
prohibited to disclose such information by a law in the field of
national safety, protection and criminal law, and also if
restrictions of issuing data have not been determined by another
Member State.
(2) The procedures for the requesting and issue of information
shall be determined by the Cabinet.
(3) If the alerts are entered in the System and supplementary
information is entered in the SIRENE information system due to
criminal proceedings or proceedings of an operational activity
taking place in Latvia, the information shall be provided with
the permission of the person directing the proceedings or the
relevant subject of operational activity, except for the cases
provided for in Section 7, Paragraph four, Clauses 1 and 2 of
this Law.
Transitional Provisions
1. Section 7, Paragraph five of this Law shall be applicable
after the decision of the Council of the European Union on the
abolition of border checks at the internal borders of the
European Union has entered into effect.
[28 May 2015]
2. The Cabinet shall, by 1 September 2007, issue the
regulations referred to in Section 8, Paragraph one, Section 9,
Paragraph three, Section 10, Paragraph five, and Section 18,
Paragraph two of this Law.
3. Section 1, Clause 5, Section 7, Paragraph three, Clauses 1
and 2, and Section 14, Paragraphs two and three of this Law shall
be applicable from the day which has been determined by the
Council of the European Union as the day of commencement of
operation of the second generation Schengen Information System
(SIS II).
[20 December 2012]
4. Until the day of commencement of operation of the second
generation Schengen Information System (SIS II) referred to in
Paragraph 3 of the Transitional Provisions of this Law:
1) the supplementary information referred to in Section 1,
Clause 5 of this Law shall be the information that is necessary
in order to determine whether the alert is to be included in the
System or in order to achieve the objective for which the alert
has been included in the System, or in order to determine that
the achievement of the objective is not possible, and also to
ensure the conformity of alerts with the laws and regulations
governing the operation of the System and the rights of persons
to receive information on themselves;
2) Section 7, Paragraph three, Clauses 1 and 2 of this Law
shall only be applicable to the alerts to be included in the
System regarding mechanical vehicles, trailers, caravans,
vessels, aircraft, industrial installations, outboard motors, and
firearms alienated by criminal means or lost;
3) the Road Traffic Safety Directorate has the right to access
the alerts included in the System in accordance with Article 1 of
Regulation (EC) No 1160/2005 of the European Parliament and of
the Council of 6 July 2005 amending the Convention implementing
the Schengen Agreement of 14 June 1985 on the gradual abolition
of checks at common borders, as regards access to the Schengen
Information System by the services in the Member States
responsible for issuing registration certificates for
vehicles;
4) the Office of Citizenship and Migration Affairs, the
Consular Department of the Ministry of Foreign Affairs, and
diplomatic and consular missions of the Republic of Latvia have
the right to access the alerts included in the System in
accordance with Article 1(4) of Council Regulation (EC) No
871/2004 of 29 April 2004 concerning the introduction of some new
functions for the Schengen Information System, including in the
fight against terrorism.
[20 December 2012]
5. Amendments to this Law regarding the supplementation of
Section 9, Paragraph one, Clause 1 with the words "Internal
Security Office" and the supplementation of Section 14, Paragraph
one with Clause 12 shall come into force on 1 November 2015.
[28 May 2015]
6. Amendment to Section 9, Paragraph one, Clause 1 and Section
14, Paragraph one, Clause 2 regarding the replacement of the
words "Security Police" with the words "State Security Office"
shall come into force on 1 January 2019.
[1 November 2018]
The Law shall come into force on 1 September 2007.
The Law has been adopted by the Saeima on 14 June
2007.
President V. Vīķe-Freiberga
Rīga, 27 June 2007
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)