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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

1 November 2005 [shall come into force from 5 November 2005].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.


Republic of Latvia

Cabinet
Regulation No. 280
Adopted 26 April 2005

Procedures for Protecting the Information for Official Use Only

Issued pursuant to
Section 8.1
, Paragraph four of the Freedom of Information Law

I. General Provisions

1. This Regulation prescribes the procedures for protecting the information for official use only.

2. The status "information for official use only" for information created in Latvia shall be determined by the head of the institution with a written order or by the author of information according to the list of restricted access information approved by the head of the institution in conformity with the requirements laid down in the Freedom of Information Law.

3. The status "information for official use only" shall be granted to the information received from subjects governed by private law if an official of the receiving institution has detected that the information is related to national security and it is must be protected. The head of the institution shall decide on granting the status "information for official use only" to the information. If the decision is taken to grant the status "information for official use only" to the information, an employee of the record-keeping division shall make a relevant indication on the received document and use other designations provided for in this Regulation, and also inform the subject governed by private law in writing that the status "information for official use only" has been granted to the received information.

II. Measures for Protecting the Information for Official Use Only

4. The head of the institution shall be responsible for ensuring the measures for protecting the information for official use only (hereinafter - the protection measures) in a particular institution. The head of the institution may appoint an employee or structural unit (hereinafter - the appointed employee) who is responsible for protecting the information for official use only in the institution.

5. If in relation to the performance of work or official duties it will be necessary for a person to become acquainted with the information for official use only, the person, upon employment or commencing to perform official duties, shall attest in writing to the head of the institution or the employee appointed by him or her that he or she has become acquainted with the procedures for protecting the information for official use only and the liability specified for infringement thereof, and also shall undertake to comply with the abovementioned procedures (Annex).

6. A person shall acquaint with the information for official use only to such extent which is necessary for the performance of work or service duties or carrying out the particular task.

7. If a person caries out the work with information for official use only, he or she has an obligation:

7.1. to comply with the procedures for use, accounting, reproduction, destruction, storage sending, and carriage of the information for official use only;

7.2. upon request of the head of the institution or employee appointed by him or her, to provide explanations regarding non-conformity with the protection measures;

7.3. to terminate action with which the information for official use only may be disclosed to unauthorised persons and notify the head of the institution or employee appointed by him or her on the detected infringements of the protection measures.

8. If during the work process with a document which contains the information for official use only it is determined that it directly concerns the competence of other institutions of direct or indirect administration of the Republic of Latvia, foreign institutions, international organisations or institutions thereof, and is necessary for the performance of work or official duties thereof, the head of the institution, in conformity with the requirements laid down Section 8.1, Paragraph two of the Freedom of Information Law, may transfer the abovementioned document or information included therein to the relevant institution, organisation, or authority if transfer of such document or the information included therein cannot burden the work of the institution or cause damage to the lawful interests of persons.

9. Premises in which works with the information for official use only are performed must be ensured against unauthorised access by unauthorised persons. Visitors shall be present in such premises in the presence of the person who has the right to perform the work with the information for official use only.

10. After completing work, the information for official use only shall be kept in lockable premises in lockable office furniture, lockable metal cabinets, or security containers.

11. If in the premises where processing of the information for official use only is performed it is necessary to carry out short-term maintenance works, the employee who is performing processing of the information for official use only or the direct manager thereof shall personally ensure that the information which is not stored in accordance with Paragraph 10 of this Regulation due to processing is not disclosed to unauthorised persons or become at their disposal.

12. Information for official use only shall be sent as a registered postal item, diplomatic post, courier or it shall be delivered to the addressee by an employee of the institution.

13. Designations indicating to the status of the information to be sent shall not be provided on the packaging of the consignment. The packaging shall be stamped and stampmarking and fastening points of the packaging shall be covered with a transparent tape or other material suitable for the type of packaging.

14. Information for official use only need not be packed if it is necessary for the employee to whom it has bee entrusted in relation to performance of work or service duties to bring out this information outside the premises of the institution provided that the information for official use only will be carried so as to guarantee safe protection thereof (for example, in a lockable bag). This condition shall not be applied if the employee leaves the territory of Latvia.

15. A person who delivers the consignment shall be responsible for protecting the information for official use only during the transportation and delivery thereof by preventing from a possibility for unauthorised persons to become acquainted with the content of the information to be sent. The consignment shall be delivered so as unauthorised persons could not detect that protected information is being carried.

16. An employee may take the information for official use only on official trip abroad if it is possible to ensure its safe storage during carriage and at the destination of the official trip.

17. Information for official use only may be stored abroad:

17.1. at diplomatic and consular representations of the Republic of Latvia;

17.2. in working premises of the North Atlantic Treaty Organisation and European Union institutions;

17.3. in working premises of those foreign and international institutions with which the Republic of Latvia has entered into agreements on protecting the information for official use only;

17.4. in specially established storage facilities if the storage facility transferred at the disposal of an employee is protected against access by unauthorised persons (for example, bank security containers, hotel security containers);

17.5. in other premises in which an employee may ensure personal supervision of the information for official use only (for example, the hotel premises handed over at the disposal of the person).

18. Information for official use only may be processed electronically. It shall be permitted to carry out the work with the information for official use, using separate computers, and also computers which are connected to the computer network (hereinafter - the information systems) which is protected against access by unauthorised persons. It is possible to acquire information from the information system by printing out the relevant information using electronic information media (for example, floppy disks, compact discs) or by broadcasting on public networks if the encryption methods recognised by the Constitution Protection Bureau are used.

19. The Cabinet shall issue the instruction in which the security requirements for the information systems which are connected to the Internet or another public network are determined. These information systems shall be accredited by the Constitution Protection Bureau.

20. Protection against electromagnetic radiation is not necessary for the information system in which the information for official use only is processed.

21. Security controller of the information system appointed by a written order of the head of the institution shall be responsible for the security of such information system in which the information for official use only is processed.

22. The head of the institution, in conformity with the specifics of the institution, may determine additional measures in order to ensure protecting the information for official use only in the institution.

III. Registration and Handling of the Information for Official Use Only in the Institution

23. The head of the institution shall determine a structural unit or official who carries out accounting and registration of the information for official use only (hereinafter - the record-keeping division) in the institution.

24. The information for official use only shall be received and sent by the institution only with intermediation of the record-keeping division.

25. An employee of the record-keeping division shall, upon receipt of the information for official use only, check the conformity of the address of the consignment, the condition of the packaging of the consignment and shall sign on the cover note of the consignor or in the registration or accounting log-book of the consignor of receipt of the consignment.

26. If an employee of the record-keeping division detects damages to the packaging of the consignment or stampmarking of the packaging which indicate that the content of the consignment could be disclosed, he or she shall make a note thereon on the cover note of the consignor or in the registration or accounting log-book of the consignor, or inform the consignor thereof in writing (if the consignment is received as a registered postal item).

27. After opening the packaging of the consignment, an employee of the record-keeping division shall, upon checking the conformity of the document number with the numbers indicated in the cover letter (if any), ascertain if the relevant information for official use only can be found therein. If the employee of the record-keeping division detects that the content of the consignment fails to comply with that indicated, he or she shall inform the consignor thereof in writing.

28. The received information for official use only (also the information for official use only which has been received in accordance with Paragraph 18 of this Regulation) shall be registered in the registration and accounting system of the received information for official use only, indicating the source and name of information, for documents - the necessary details in conformity with the provisions for the record-keeping.

29. When registering a document which contains the information for official use only, on the first page of the document (cover letter) a note on the registration of the document shall be made, the name of the receiving institution, the date of receipt, and the registration number shall be indicated.

30. The prepared information for official use only shall be registered in the registration and accounting system of the information for official use only prepared and to be sent, indicating the source and name of information, for documents - the necessary details in conformity with the provisions for the record-keeping.

31. Technical information media (for example, floppy disks, optical discs, magnetic cassettes) which contain information for official use only shall be registered in the record-keeping division according to the procedures specified by the head of the institution.

32. The registration and accounting system of the information for official use only may not contain deletions or blockings. Every correction made shall be justified by indicating the surname of the employee of the record-keeping division and confirming the correction made with the signature.

33. When the information for official use only registered in the institution is not necessary for work, an employee shall hand it over to the record-keeping division for storage. When an employee receives and hands over the registered information for official use only in the record-keeping division, an employee of the record-keeping division shall make the relevant notes thereon in registration and accounting systems of the information for official use only.

IV. Special Designations of the Information for Official Use Only

34. Special designations of the information for official use only shall indicate the special status of the information and the necessity to protect such information. Special designations shall be indicated on the document or technical information medium in which the information for official use only created in Latvia in accordance with Section 8.1, Paragraph one, Clause 1 of the Freedom of Information Law is included.

35. If a cover letter of the document containing the information for official use only contains only the information on sending the relevant document, it shall not be classified as information for official use only.

36. The notation "FOR OFFICIAL USE ONLY" shall be made on the upper right edge (in the area before the text under the form details of the document author) of the first page of the document which contains information for official use only. This inscription shall indicate the overall protection status of the document. The notation "FOR OFFICIAL USE ONLY" shall be indicated also on floppy disks, tables, maps, drawings, photographs, and also other objects which contain the information for official use only.

37. The notation "FOR OFFICIAL USE ONLY" shall be made on the upper edge and bottom edge on each page of the document which contains the information for official use only. If any of the document pages contains only general access information, a notation "NON-CLASSIFIED" shall be made in the middle of the upper and bottom edge of the relevant page. If any of the document pages contains the information referred to in Section 5, Paragraph two, Clause 1, 2, 3, 4, or 5 of the Freedom of Information Law, the notation "RESTRICTED ACCESS" shall be made in the middle of the upper and bottom edge of the relevant page.

38. Certain parts of the information for official use only (for example, chapter, paragraphs, tables) may be general access information or the information referred to in Section 5, Paragraph two, Clause 1, 2, 3, 4, or 5 of the Freedom of Information Law. A special abbreviated designation "N" (general access information) of "IP" (the information referred to in Section 5, Paragraph two, Clause 1, 2, 3, 4, or 5 of the Freedom of Information Law) shall be used in the text of the document before these elements, but before the part of the text which is the information for official use only the special abbreviated designation DV (for official use only) shall be used.

39. The name of such document which contains the information for official use only shall be general access information.

40. Certain parts of the information for official use only which is general access information may be used openly by separating it from the protected information.

41. All pages of the document of the information for official use only shall be numbered. The page sequence number and (after a dash) the total number of pages shall be provided as Arabic numerals on the right corner of bottom edge of each page. Pages on which there is no information shall not be numbered.

42. When preparing the information for official use only which is necessary for foreign countries and international organisations and designated as "RESTRICTED", it shall be developed in conformity with the international agreements binding to the Republic of Latvia or the requirements of those international organisations in which the Republic of Latvia is the member state.

V. Determination of the Status of the Information for Official Use Only, Extension and Cancellation Thereof

43. The status of the information "information for official use only" created in Latvia shall be determined for one year from the day when the relevant status has been granted to the document. If the head of the institution has taken a decision to cancel this status before the specified time period or to extend the time period for the status, an employee of the record-keeping division shall, after receipt of the decision, make a relevant notation of cancellation of the status or extension of the time period thereof (if the time period of the status is extended, the new time period shall also be indicated) on the bottom left edge of the first page of the document and confirm it with a signature.

44. An employee of the record-keeping division shall notify in writing all employees of the record-keeping divisions of all those institutions to which this document has been sent of cancellation of the status of the information for official use only before the specified time period or extension thereof. The notification of extension of the status of the information for official use only shall be sent not later than five working days before expiry of the previously specified time period. Employees of the record-keeping divisions of the relevant institutions shall, after receipt of the abovementioned information, immediately make a relevant notation on the document and inform officials of the institution who are holders of such information.

45. If written information is not received until the end of the specified time period on necessity to extend the time period of the status of the document "information for official use only", an employee of the record-keeping division shall make a notation on cancellation of the specified status on the bottom left edge of the first page of the document.

VI. Reproduction and Destruction of the Information for Official Use Only

46. The information for official use only may be reproduced by an official at the disposal of whom it has been handed over if reproduction is necessary for work or official use and the copies made are present in the internal circulation of the institution. When copies are no longer necessary for work, the official shall destroy them. Destruction process shall not be documented.

47. The information for official use only shall be reproduced by an employee of the record-keeping division if it is necessary to send a copy to another institution. The employee of the record-keeping institution shall number the copies and make notations of making the copies in the relevant registration and accounting system of the information for official use only, indicating the number of copies and addressees.

48. If the information for official use only has lost currency and is not necessary for work, it may be destroyed (except for one copy of the information for official use only prepared and registered in the institution which shall be kept until evaluation and selection thereof for keeping in the State archives).

49. If the institution which has prepared the information for official use only requests to destroy the relevant information, it shall be destroyed.

50. After receipt of a written decision of the head of the institution to destroy the registered information for official use only, it shall be performed by an employee of the record-keeping division. The employee of the record-keeping division shall make a notation of the destruction performed in the relevant registration and accounting system of the information for official use only.

51. The information for official use only shall be destroyed by burning, melting, chemically degrading, shredding, or deleting the relevant document or technical information medium, using a software intended for such purpose so as there is no possibility to obtain the information from its medium or to renew it.

52. If the document containing the information for official use only is destroyed using a paper shredder, a paper scrap of the shredded paper shall be no longer than 30 mm and no wider than 4 mm.

[1 November 2005]

VII. Transfer of the Information for Official Use Only to Representatives of Foreign Countries

53. The information for official use only created in Latvia shall be handed over to foreign institutions within the framework of co-operation of the Republic of Latvia and foreign countries according to mutually entered into international agreements.

VIII. Disciplinary Investigation on Disclosure or Loss of the Information for Official Use Only

54. If the head of the institution has the grounds to believe that the information for official use only has been disclosed or lost, he or she shall, within one working day, establish the commission for disciplinary investigation in the composition of at least three persons. Employees of the State security institution may be included in the composition of the commission for disciplinary investigation.

55. The commission for disciplinary investigation shall, within 10 working days, prepare an opinion indicating whether an infringement has been committed and who is responsible for that. The time period for investigation may be extended for the time period up to one month by a justified and written decision accepted by the head of the institution. The time period when the employee in respect of the action of whom the disciplinary investigation is being carried out has a temporary incapacity for work or he or she is on leave or official trip shall not be counted into the time period for investigation.

56. If the disciplinary investigation has been carried out in relation to justified suspicions of disclosure of such information which has been handed over to Latvia by a foreign country, international organisation, or institution thereof and which is classified as "RESTRICTED", and also of disclosure of the information related to such information which has been created in Latvia, the head of the institution shall inform the Constitution Protection Bureau of the results of the disciplinary investigation.

Prime Minister A. Kalvītis

Minister for Justice S. Āboltiņa

 

Annex
Cabinet Regulation No. 280
26 April 2005

Attestation

I, (the given name, surname), hereby undertake

1) not to disclose the information for official use only which will be entrusted to me or become known by performing work or official duties;

2) to meet the requirements of the orders, regulations, and instructions related to protection of the information for official use only with which I have been acquainted with, without objections and accurately;

3) to report on illegal efforts to obtain the information for official use only from me, and also on infringements of the measures for the protection of the information for official use only known to me.

I have been warned that I will be held disciplinarily liable or criminally liable for disclosure, loss of the information for official use only and other infringements of the measures for the protection of such information.

  ____ _____________ 20____    
  (signature)
Attestation has been accepted by

(the position, given name, surname, and signature of the responsible person)

 

Minister for Justice S. Āboltiņa

 


Translation © 2018 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Kārtība, kādā aizsargājama informācija dienesta vajadzībām Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 280Adoption: 26.04.2005.Entry into force: 30.04.2005.Publication: Latvijas Vēstnesis, 68, 29.04.2005.
Language:
LVEN
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