Procedures by which Institutions Provide Information in Electronic Form when Co-operating, as well as Ensure and Certify the Credibility of such Information

Issued pursuant to
Section 54, Paragraph six
of the State Administration Structure Law

I. General Provisions

1. This Regulation prescribes the procedures by which institutions provide information in electronic form when co-operating, as well as ensure and certify the credibility of such information.

2. This Regulation shall not apply to the information for official use as well as circulation of classified information of subject matters of an official secret, the North Atlantic Treaty Organisation, the European Union and authorities of foreign countries.

3. If the information necessary for the performance of functions and tasks of an institution is at the disposal of another institution, the institution (hereinafter - applicant for information) shall request it from another institution which in accordance with regulatory enactments ensures the collection, registration and updating of such information (hereinafter - provider of information), unless regulatory enactments provide otherwise.

II. Types and Procedures for Exchange of Information

4. Information shall be provided in electronic form by institutions:

4.1. in online data transfer regime:

4.1.1. by co-operating between information systems;

4.1.2. by using network user interface (for example, that is based on web browser);

4.2. in accordance with the procedures prescribed in regulatory enactments regulating the circulation of electronic documents;

4.3. using other electronic means available for the provider of information and applicant for information (electronic communications means that are suitable for the processing of the data received or transmitted via the electronic communications network (also for digital compression) and storage thereof, as well as for the data transfer via electronic communications networks), for example, using data transport servers; or

4.4. using electronic mail in accordance with the procedures prescribed in Paragraph 8 of this Regulation.

5. If a provider of information may ensure the provision of information in online data transfer regime and it is possible for an applicant for information to process the received information in the information system, exchange of information shall be carried out in the way referred to in Sub-paragraph 4.1.1 of this Regulation.

6. If a provider of information may ensure the provision of information in online data transfer regime, but an applicant for information cannot receive it in the way referred to in Sub-paragraph 4.1.1 of this Regulation due to technical reasons or because it could cause incommensurably high costs, the information shall be provided in the way referred to in Sub-paragraph 4.1.2 of this Regulation.

7. If it is impossible to provide information in the ways referred to in Sub-paragraph 4.1 of this Regulation or such provision of information could cause incommensurably high costs, exchange of information between institutions shall be carried out in the way referred to in Sub-paragraphs 4.2, 4.3 or 4.4 of this Regulation.

8. Exchange of information shall take place in the way determined in Sub-paragraph 4.4 of this Regulation by using an official electronic mail address of an institution:

8.1. the provider of information shall sign the electronic mail with a secure electronic signature or attach to the consignment an electronic mail file certified with a secure electronic signature; and

8.2. if the information is not used within the framework of the administrative procedure, institutions have the right not to certify the information with a secure electronic signature.

9. Information that is to be provided in the way referred to in Sub-paragraph 4.4 of this Regulation shall be determined by the head of the institution.

10. If information is provided in the way referred to in Sub-paragraph 4.4 of this Regulation, it shall be included in the electronic mail content field or appended in the attachment. Electronic mail consignments shall additionally contain information that allows to identity unequivocally the request on the basis of which the information is being provided.

11. In providing information in the way referred to in Sub-paragraphs 4.1 and 4.3 of this Regulation, the provider of information and applicant for information shall mutually agree prior to the provision of information regarding procedures for exchange thereof, security requirements and other obligations that the parties consider as necessary, unless regulatory enactments provide otherwise.

12. If the restricted access information is provided (except for the information for official use), the provider of information and applicant for information shall agree on methods which they will use in order to ensure the protection of such information insofar as it is not in contradiction with regulatory enactments that prescribe the protection of the restricted access information.

13. If information is requested to be provided in the way referred to in Sub-paragraph 4.4 of this Regulation, the request shall be clearly recognisable in order that the applicant for information, if necessary, could identify the reply received.

14. If the information to be provided to the applicant for information is available only in the form of a printed document and regulatory enactments do not provide for special procedures by which such information is to be provided, the provider of information shall prepare an electronic copy of the printed document and transfer it by electronic means.

III. Time Periods for Provision of Information

15. An applicant for information shall indicate and justify a time period within which the provider of information must provide the information in order that the applicant for information could ensure the performance of his or her functions and tasks not exceeding the time period which is determined in accordance with regulatory enactments or administrative decisions.

16. A provider of information shall provide the information within the time period indicated by the applicant for information or, if it is impossible, specifying the justification, inform immediately the applicant for information regarding a time period by which the information will be provided.

17. The time period by which a provider of information shall provide the information may not exceed the time period that has been determined for the applicant for information for the performance of his or her function or task in accordance with regulatory enactments or administrative decisions for the performance of which the relevant information has been requested.

IV. Ensuring of Information Credibility and Certification Thereof

18. An applicant for information has the right to rely that the information provided in the ways and in accordance with the procedures determined in this Regulation is true and plausible.

19. An institution has a duty to ascertain regarding authenticity of the electronic mail that has been received in accordance with Sub-paragraph 8.2 of this Regulation.

20. The authenticity of the information and irrevocability of the fact of provision of information shall be protected in the following ways:

20.1. the provider of information shall carry out audit trail by ensuring the protection of its integrity and authenticity (for example, by regular signing of audit trails) and availability, if the information is provided in the way referred to in Sub-paragraph 4.1 of this Regulation;

20.2. a provider of information shall conduct record-keeping, if the information is provided in the way referred to in Sub-paragraph 4.2 and 4.4 of this Regulation;

20.3. in accordance with the procedures referred to in Sub-paragraphs 20.1 or 20.2 of this Regulation, if the information is provided in the way referred to in Sub-paragraph 4.2 and 4.4 of this Regulation; or

20.4. in another way, if it is prescribed in the regulatory enactment or if a provider of information and applicant for information agree thereon.

21. In providing information, a provider of information shall register data at least in the following amount:

21.1. the time of provision of the information;

21.2. a person who provided the information;

21.3. a person who received the information; and

21.4. the information that has been provided.

22. If information is provided in the way referred to in Sub-paragraph 4.1.2 of this Regulation by using the information system under supervision of another institution, the performance of the requirements referred to in Sub-paragraph 20.1 and 21 of this Regulation shall be ensured by the institution under supervision of which is the referred to system.

23. An applicant for information has the right to ascertain how the provider of information ensures the performance of the requirements referred to in Paragraphs 20 and 21 of this Regulation.

Prime Minister V. Dombrovskis

Minister for Environment,
acting for the Minister for Regional Development
and Local Government R.Vējonis

Translation © 2012 Valsts valodas centrs (State Language Centre)