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Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
12 September 2013 [shall
come into force on 10 October 2013];
22 June 2017 [shall come into force on 19 July 2017].
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 Saeima1 has adopted and
the President has proclaimed the following law:
Biometric Data Processing System
Law
Chapter I.
General Provisions
Section 1. The following terms are used in this
Law:
1) biometric data - a set of physical properties and
indicators of a natural person [digital picture of a face, finger
(palm) trails or prints];
2) biometric data processing - any operations with
biometric data including data acquisition, registration, storage,
sorting, modification, use, comparison, transfer, transmission,
disclosure, blocking or deletion;
3) identity - a set of natural person's data, physical
properties and indicators which allow to clearly distinguish such
person from another natural person;
4) finger (palm) prints - prints obtained from a
person's hand fingers (palm);
5) finger (palm) trails - reflection of a person's hand
finger (palm) which is left on an object surface by a person when
touching or grasping the object;
6) [12 September 2013].
[12 September 2013]
Section 2. The purpose of this Law is to ensure the
creation of a unified biometric data processing system to make it
possible to establish identity of natural persons, and also to
prevent the use of another person's identity.
Chapter II.
Creation of the Biometric Data Processing System, Entry of
Biometric Data, Updating and Storage Thereof
Section 3. The Biometric Data Processing System is a
State Information System the manager and holder of which is the
Information Centre of the Ministry of the Interior.
Section 4. The creation, maintenance and improvement of
the Biometric Data Processing System shall be financed from the
funds intended for such purposes in the State budget.
Section 5. The data obtained from the following sources
shall be included in the Biometric Data Processing System:
1) when issuing personal identification documents;
2) [12 September 2013];
3) [12 September 2013];
4) when issuing seafarer identification documents;
5) when issuing drivers' licences;
6) [12 September 2013];
7) [12 September 2013];
8) [12 September 2013];
9) from non-identified bodies;
10) as a result of operational activities,
counter-intelligence and intelligence measures. The obtained data
shall be included in the Biometric Data Processing System if
threats to national security and public order need to be
prevented, and if the decision to enter such data is taken by the
body performing operational activities who has obtained the
relevant data;
11) as a result of investigative actions and from detained,
suspected, accused and convicted persons;
12) from the persons who does not have a valid personal
identification documents after establishing such fact.
[12 September 2013]
Section 6. In the cases provided for in Section 5,
Clauses 1, 4, 5 and 12 of this Law, the following data shall be
included in the Biometric Data Processing System:
1) on persons who are registered with the Population
Register:
a) digital picture of the face;
b) digital picture of finger (palm) trails (if it can be
obtained);
c) the given name (names) and surname;
d) personal identity number;
e) gender;
f) nationality and type thereof;
g) fact of the death of the person;
h) institution - acquirer of the biometric data;
i) justification for obtaining the biometric data;
j) date of obtaining the biometric data;
2) on persons who are not registered with the Population
Register:
a) digital picture of the face;
b) digital picture of finger (palm) trails (if it can be
obtained);
c) the given name (names) and surname;
d) date of birth of the person;
e) nationality and type thereof;
f) gender;
g) institution - acquirer of the biometric data;
h) justification for obtaining the biometric data,
i) date of obtaining the biometric data.
[12 September 2013]
Section 7. (1) In the cases provided for in Section 5,
Clauses 10 and 11 of this Law, the following data shall be
included in the Biometric Data Processing System on a person from
which finger (palm) prints have been obtained:
1) digital picture of the face;
2) digital picture of the finger (palm) prints;
3) the given name (names), surname of the person;
4) date of birth of the person;
5) the personal identify number (if such has been
assigned);
6) nationality and type thereof;
7) gender;
8) legal qualification of a criminal offence or administrative
offence (if such has been found);
9) justification for obtaining the biometric data [finger
(palm) prints];
10) institution - acquirer of the biometric data;
11) date of obtaining the biometric data;
12) registration number in the event records or the number of
the investigatory records case or criminal case.
(2) If a person has changed the given name or surname, the
previous given name and surname shall also be indicated.
Section 8. In the cases provided for in Section 5,
Clauses 10 and 11 of this Law, the following data shall be
included in the Biometric Data Processing System on finger (palm)
trails of persons:
1) digital picture of the finger (palm) trails;
2) registration number in the event records or the number of
the investigatory records case or criminal case;
3) date of the event;
4) address of the event;
5) legal qualification of a criminal offence or administrative
offence (if such has been found);
6) institution - acquirer of the biometric data;
7) date of obtaining the biometric data.
Section 9. The following data shall be included in the
Biometric Data Processing System on a non-identified body:
1) digital picture of the face (if such can be obtained);
2) digital picture of finger (palm) prints (if such can be
obtained);
3) registration number in the event records or the number of
the investigatory records case or criminal case;
4) the date when the non-identified body was found;
5) the address or geographic co-ordinates of the place where
the non-identified body was found;
6) institution - acquirer of the biometric data;
7) date of obtaining the biometric data.
Section 10. (1) Inclusion and updating of the data
referred to in Sections 6, 7, 8 and 9 of this Law in the
Biometric Data Processing System shall be ensured by:
1) the State Police;
2) the Financial Police;
3) the Military Police;
4) the Prison Administration;
5) the Corruption Prevention and Combating Bureau;
6) customs authorities;
7) the State Border Guard;
8) the State security institutions;
9) the Road Traffic Safety Directorate;
10) the Maritime Administration of Latvia;
11) the Office of Citizenship and Migration Affairs;
12) the Internal Security Office.
(2) The institutions referred to in Paragraph one of this
Section shall be responsible for the correct entry of biometric
data in the Biometric Data Processing System, and also for
updating the entered data during the storage thereof.
(3) The Cabinet shall determine procedures by which and amount
in which the institutions referred to in Paragraph one of this
Section shall enter and update data in the Biometric Data
Processing System, and also conditions for the performance of the
abovementioned activities.
[12 September 2013; 22 June 2017]
Section 11. (1) The data obtained in the cases provided
for in Section 5, Clauses 1, 4, 5 and 11 of this Law (except for
the data obtained as a result of investigative actions) shall be
stored in the Biometric Data Processing System:
1) for 10 years after the death of the person if the fact of
death of the person is registered with the Population
Register;
2) 75 year after the day of the first entry if the person is
not registered with the Population Register.
(2) The data obtained in the case provided for in Section 5,
Clause 9 of this Law shall be stored in the Biometric Data
Processing System for five years after its entry.
(3) The data obtained in the cases provided for in Section 5,
Clause 10 of this Law shall be deleted by the body performing
operational activities which has obtained such data, as soon as
the necessity to keep them has ceased to exist. Within a year
after entering the data in the Biometric Data Processing System,
the body performing operational activities which has obtained
such data shall evaluate the usefulness of its further storage
and, where necessary, take the decision to extend the time period
for data storage for a year. The body performing operational
activities shall decide on each next extension of the time period
for data storage within a year after taking the previous
decision. If such decision is not taken, data shall be
automatically deleted.
(4) Data obtained as a result of the investigative actions
shall be stored in the Biometric Data Processing System for 75
years after their entry or deleted at the moment when the
identity of the data owner is established.
(5) The data obtained in the case provided for in Section 5,
Clause 12 of this Law shall be stored in the Biometric Data
Processing System until the moment when a person receives a
personal identification document, or the time periods laid down
in Paragraph one of this Section shall be complied with if a
person does not receive a personal identification document during
his or her life.
(6) The procedures for the destruction of biometric data shall
be determined by the Cabinet.
[12 September 2013]
Chapter III.
Use and Monitoring of Biometric Data
Section 12. The data entered in the Biometric Data
Processing System shall be restricted access information.
Section 13. The data entered in the Biometric Data
Processing System shall be used to ensure:
1) prevention of the use of another person's identity;
2) verification of the identity of the person in the process
of issuing personal identification documents, and also in the
process of issuing other documents referred to in this Law or
establishment of the person's identity in the process of issuing
personal identification documents;
3) establishment of the identity of the person during
intelligence, counter-intelligence, operational activities, and
also during analysis of the obtained information;
4) prevention of criminal offences and other violations of the
law;
5) detection of criminal offences and search for the persons
who have committed a criminal offence;
6) verification of the identity of detained, suspected,
accused and convicted persons;
7) verification of the identity of the person when carrying
out border check of persons;
8) verification of the identity of the person when carrying
out the control of conditions for the stay of foreigners;
9) verification of the identity of asylum seekers;
10) biometric identification of non-identified bodies
(comparison of a sample with all biometric data samples entered
in the Biometric Data Processing System to match it with one of
the biometric data samples entered in the Biometric Data
Processing System and, if such match is established, to establish
the identity of the owner of the sample to be compared);
11) search for missing persons;
12) verification of the identity of the person, when providing
a public service to the person, for the provision of which the
identity of the person needs to be verified in accordance with
the requirements of the laws and regulations. The verification
referred to in this Paragraph where the data of the person whom
the service is being provided is compared with the data of this
person already accumulated in the Biometric Data Processing
System shall be carried out only with the consent of the
person;
13) establishment of the identity of the person if it is
necessary for the provision of emergency medical care.
[12 September 2013]
Section 14. (1) The following institutions are entitled
to use the Biometric Data Processing System for the performance
of the functions referred to in Section 13 of this Law:
1) the State Police;
2) the Financial Police;
3) the Military Police;
4) the Prison Administration;
5) the Corruption Prevention and Combating Bureau;
6) customs authorities;
7) the State Border Guard;
8) the State security institutions;
9) the Ministry of Foreign Affairs;
10) the Road Traffic Safety Directorate;
11) the Maritime Administration of Latvia;
12) the Office of Citizenship and Migration Affairs;
13) the Prosecutor's Office;
14) court;
15) the Information Centre of the Ministry of the
Interior;
16) in-patient medical treatment institutions entered in the
Register of Medical Treatment Institutions which ensure provision
of emergency medical care;
17) municipal police;
171) the Internal Security Office;
18) other State and local government institutions if an
external legal act provides for the use of the Biometric Data
Processing System.
(2) The Cabinet shall determine procedures by which and amount
in which the institutions referred to in Paragraph one of this
Section shall use the data entered in the Biometric Data
Processing System.
[12 September 2013; 22 June 2017]
Section 15. Provision of the data entered in the
Biometric Data Processing System to foreign competent authorities
shall be permissible in compliance with the international
agreements binding on the Republic of Latvia and legal acts of
the European Union.
Section 16. Compliance with this Law shall be
supervised by the Data State Inspectorate in accordance with the
procedures laid down in the laws and regulations regarding
personal data protection.
Transitional Provisions
1. With the coming into force of this Law, the Biometric Data
Processing Law adopted on 31 May 2007 (Latvijas Republikas
Saeimas un Ministru Kabineta Ziņotājs, 2007, No. 13) is
repealed.
2. The Cabinet shall, by 31 December 2009, issue the Cabinet
regulations provided for in Section 10, Paragraph one, Section
11, Paragraph three and Section 14, Paragraphs one and four of
this Law.
3. The institutions referred to in this Law, except for the
Maritime Administration of Latvia, shall ensure biometric data
processing in accordance with the procedures laid down in the Law
starting from 1 January 2011.
4. The Maritime Administration of Latvia shall ensure
biometric data processing in accordance with the procedures laid
down in this Law after ratification of the Seafarers' Identity
Documents Convention of the International Labour Organisation of
19 June 2003, but no earlier than from 1 January 2011.
5. The Cabinet shall, by 31 December 2013, issue the
regulations referred to in Section 10, Paragraph three, Section
11, Paragraph six and Section, Paragraph two of this Law. Until
the day when the respective Cabinet regulations come into force
but no longer than until 31 December 2013, the Cabinet Regulation
No. 233 of 3 April 2012, Regulations Regarding Biometric Data
Processing System, shall be in force, insofar as it is not in
contradiction with this Law.
[12 September 2013]
This Law has been adopted by the Saeima on 21 May
2009.
President V. Zatlers
Riga, 10 June 2009
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)
