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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 10.10.2013.–18.07.2017.
Amendments not included: 22.06.2017.

Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

12 September 2013 [shall come into force from 10 October 2013].

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.

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 of a natural person [digitalised picture of a face, finger (palm) trails or prints];

2) biometric - any activities carried out with biometric data including data acquisition, registration, storage, sorting, modification, use, comparison, transfer, transmission, disclosure, blocking or deletion of the data;

3) identity - a set of a physical person's data, physical properties and indicators which allows to 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 by touching the object or grasping it;

6) [12 September 2013].

[12 September 2013]

Section 2.

The purpose of this Law is to ensure the establishment of a unified biometric data processing system to make it possible to determine identity of natural persons, and also to prevent the use of another person's identity.

Chapter II. Establishment of the Biometric Data Processing System, Entering of Biometric Data, Updating and Storage Thereof

Section 3.

The Biometric Data Processing System is the State Information System the manager and keeper of which is the Information Centre of the Ministry of the Interior.

Section 4.

Establishment, maintenance and improvement of the Biometric Data Processing System shall be financed from the funds from 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 operative activities, counter-intelligence and intelligence. The obtained data shall be included in the Biometric Data Processing System, if it is necessary in order to prevent risks to the State security and public order, and if a decision regarding enter of such data is taken by the subject of the operative activity who has obtained the relevant data;

11) as a result of investigational activities and from detained, suspected, accused and convicted persons;

12) from the persons who have no valid personal identification documents after detecting of such factum.

[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) regarding persons who are registered in the Population Register:

a) digital picture of the face;

b) digital picture of finger (palm) trails (if it is possible to obtain it),

c) the given name (names) and surname,

d) personal identity number,

e) gender,

f) nationality and type thereof,

g) fact of death of a person,

h) institution - acquirer of the biometric data,

i) justification for obtaining of biometric data,

j) date of obtaining of biometric data;

2) regarding persons who are not registered in the Population Register:

a) digital picture of the face;

b) digital picture of finger (palm) trails (if it is possible to obtain it),

c) the given name (names) and surname,

d) date of birth of a person,

e) nationality and type thereof,

f) gender,

g) institution - acquirer of the biometric data,

h) justification for obtaining of biometric data,

i) date of obtaining of biometric data;

[12 September 2013]

Section 7.

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 regarding a person from which finger (palm) prints are obtained:

1) digital picture of the face;

2) digital picture of the finger (palm) prints;

3) the given name (names), surname of a person;

4) date of birth of a 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 infringement (if any detected);

9) justification for obtaining of biometric data [finger (palm) prints];

10) institution - acquirer of the biometric data;

11) date of obtaining of biometric data;

12) event record-keeping registration number or operative record-keeping file or criminal case number.

(2) If a person has changed given name or surname, the previous given name and surname shall 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 regarding finger (palm) trails of persons:

1) digital picture of the finger (palm) trails;

2) event record-keeping registration number or operative record-keeping file or criminal case number;

3) date of the event;

4) address of the event;

5) legal qualification of a criminal offence or administrative infringement (if any detected);

6) institution - acquirer of the biometric data;

7) date of obtaining of biometric data.

Section 9.

The following data shall be included in the Biometric Data Processing System regarding non-identified body:

1) digital picture of the face (if it is possible to obtain it);

2) digital picture of finger (palm) prints (if it is possible to obtain it);

3) event record-keeping registration number or operative record-keeping file or criminal case number;

4) the date when non-identified body was founded;

5) the address of the place or geographic co-ordinates where the non-identified body was founded;

6) institution - acquirer of the biometric data;

7) date of obtaining of biometric data.

Section 10.

(1) Inclusion and updating of the data abovementioned 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 Prisons Administration;

5) the Corruption Prevention and Combating Bureau;

6) customs institutions;

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.

(2) The institutions abovementioned in Paragraph one of this Section shall be responsible for correct entering of biometric data in the Biometric Data Processing System, and also updating of the included data during the storage thereof.

(3) The Cabinet shall determine procedures for and amount for entering and updating of the data included in the Biometric Data Processing System by the institution above-mentioned in Paragraph one of this Section, and also conditions for performance of the above-mentioned activities.

[12 September 2013]

Section 11.

(1) The data obtained in the cases provided for in Section 5, Paragraphs 1, 4, 5 and 11 of this Law (except for the data obtained as a result of investigational activities) shall be stored in the Biometric Data Processing System:

1) for 10 years after the death of a person, if the fact of death of the person is registered in the Population Register;

2) 75 year after the data of the first entry, if a person is not registered in the Population Register.

(2) The data obtained in the case provided for in Section 5, Paragraph 9 of this Law shall be stored in the Biometric Data Processing System for five years after inclusion thereof.

(3) The data obtained in the cases provided for in Section 5, Paragraph 10 of this Law shall be deleted from by the subject of the operative activity, who has obtained such data, as soon as the necessity to keep them does not exist anymore. Within a year after entering of the data in the Biometric Data Processing System the subject of the operative activity, who has obtained such data, shall evaluate further usefulness of storage thereof and, where appropriate, take a decision to extend the time period for data storage for a year. The subject of the operative activity shall take a decision regarding each next extension of the time period for data storage within a year after the taking of the previous decision. If such decision is not taken, data shall be deleted automatically.

(4) Data obtained as a result of the investigational activities shall be stored in the Biometric Data Processing System for 75 years after inclusion thereof or deleted at the time 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 time when a person receives a personal identification document, or observe the time periods laid down in Paragraph one of this Section, if a person does not receive a personal identification document during his or her life.

(6) The procedures for destruction of biometric data shall be determined by the Cabinet.

[12 September 2013]

Chapter III. Use and Supervision of Biometric Data

Section 12.

The data included in the Biometric Data Processing System shall be restricted access information.

Section 13.

The data included in the Biometric Data Processing System shall be used in order to ensure:

1) prevention of the use of another person's identity;

2) verification of the identity of the person in the process of issue of personal identification documents, and also in the process of issue of other documents referred to in this Law or figuring out of the person's identity in the process of issue of personal identification documents;

3) determination of the identity of the person during intelligence, counter-intelligence, operative activity, and also during analysis of the obtained information;

4) prevention of criminal offences and other infringements of the law;

5) detection of criminal offences and search of 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 residing of foreigners;

9) verification of the identity of asylum seekers;

10) biometric identification of non-identified dead bodies (comparison of a sample with all biometric data samples included in the Biometric Data Processing System in order to find out match with one of the biometric data samples included in the Biometric Data Processing System and, if such match is established, in order to find out the identity if the owner of a sample to be compared);

11) searching of missing persons;

12) verification of the identity of the person, when providing a public service to the person, for the provision of which in accordance with the requirements of the laws and regulations it is necessary to carry out verification of the identity of the person. The verification above-mentioned in this Paragraph, when comparing data of the person whom the service is provided, with the data of this person already accumulated in the Biometric Data Processing System, shall be carried out only upon consent by the person;

13) determination 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 abovementioned in Section 13 of this Law:

1) the State Police;

2) the Ministry of Finance;

3) the Military Police;

4) the Prisons Administration;

5) the Corruption Prevention and Combating Bureau;

6) customs institutions;

7) State Border Guard;

8) 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 included in the Register of Medical Treatment Institutions which ensure provision of emergency medical care;

17) local government police;

18) other State and local government institution, if the use of the Biometric Data Processing System is intended in external law or regulation.

(2) The Cabinet shall determine procedures for and amount for using the data included in the Biometric Data Processing System by the institution above-mentioned in Paragraph one of this Section.

[12 September 2013]

Section 15.

Provision of data included in the Biometric Data Processing System to foreign competent institutions shall be permissible in compliance with the international agreements binding on the Republic of Latvia and legal act 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 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 by 31 December 2009.

3. The institutions referred to in this Law, except 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, however no earlier than from 1 January 2011.

5. The Cabinet shall issue the regulations above-mentioned in Section 10, Paragraph three, Section 11, Paragraph six and Section, Paragraph two of this Law by 31 December 2013. Until the date of the coming into force of the respective Cabinet regulations, 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 they are 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 © 2016 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 21.05.2009.Entry into force: 24.06.2009.Theme:  Human rights; Documents, recordkeeping, data protection; Criminal justicePublication: Latvijas Vēstnesis, 90 (4076), 10.06.2009.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 13, 09.07.2009.
Language:
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