By-laws of the Supervisory Committee of Digital Security

[26 September 2017]

Issued pursuant to
Section 17, Paragraph seven
of the Law on Electronic Identification of Natural Persons

I. General Provision

1. The Committee is a collegial supervisory body under the supervision of the Minister for Defence the purpose of which is:

1.1. to supervise and register qualified and qualified increased security electronic identification service providers and the services provided by them in the Register of Qualified Electronic Identification Service Providers (hereinafter - the Register);

1.2. to supervise and approve trusted certification service providers and services provided by them, and to establish, maintain and publish trusted lists;

1.3. to check and certify the conformity of the online signature collection system with the security and technical parameters.

[26 September 2017; 17 July 2018]

II. Functions and Obligations of the Committee

2. The Committee shall:

2.1. carry out the functions and tasks of the supervisory body laid down in the Law on Electronic Identification of Natural Persons;

2.2. notify the electronic identification schemes to the European Commission in accordance with Article 9(1) of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (hereinafter - Regulation No 910/2014);

2.3. carry out the functions and tasks of the supervisory body laid down in Regulation No 910/2014 and Electronic Documents Law;

2.3.¹ carry out the tasks of the certifying authority laid down in Cabinet Regulation No. 471 of 12 August 2014, Security and Technical Requirements for Online Signature Collection Systems;

2.4. within its respective competence, provide support to State and local government institutions on issues which are related to the functions and obligations of the Committee indicated in this Paragraph;

2.5. carry out other tasks laid down in laws and regulations.

[26 September 2017; 17 July 2018]

III. Composition of the Committee

3. The Chairperson of the Committee shall be the State Secretary of the Ministry of Defence.

4. The Committee shall have a Secretariat. Functions of the Secretariat shall be provided by the Ministry of Defence. The Secretariat of the Committee shall have a Head.

5. The composition of the Committee shall comprise:

5.1. the State Secretary of the Ministry of Defence;

5.2. the State Secretary of the Ministry of Transport;

5.3. the State Secretary of the Ministry of Justice;

5.4. the State Secretary of the Ministry of the Interior;

5.5. the State Secretary of the Ministry of Environmental Protection and Regional Development;

5.6. the Head of the Data State Inspectorate;

5.7. the Manager of the structural unit "Information Technology Security Incident Response Institution" of the Institute of Mathematics and Computer Science of the University of Latvia (hereinafter - the Information Technology Security Incident Response Institution);

5.8. the Head of the Secretariat of the Committee.

[29 September 2017]

6. The first deputy of the Chairperson of the Committee shall be the Head of the Secretariat of the Committee.

7. The second deputy of the Chairperson of the Committee shall be the Head of the Information Technology Security Incident Response Institution.

IV. Organisation of the Work of Committee Meetings

8. Committee meetings shall take place at least once in a half-year. A Committee meeting shall be convened as required by the Chairperson of the Committee or by three members of the Committee. The agenda for Committee meetings shall be approved by the Chairperson of the Committee.

9. The Chairperson of the Committee or a member of the Committee is entitled to invite experts or specialists to take part in the Committee meeting with advisory rights by informing the Secretariat thereof in advance.

[17 July 2018]

10. Committee meetings shall be closed. Members of the Committee, invited persons and representatives of the Secretariat of the Committee shall take part in the Committee meetings. Members of the Committee and invited persons shall be invited to a Committee meeting by sending an invitation and agenda of the meeting electronically or by post.

[17 July 2018]

11. Members of the Committee have the right to authorise another person in writing to substitute them in certain Committee meetings. A person who is authorised to substitute a member of the Committee has voting rights for the time period laid down in the authorisation. The authorisation must be presented in the Committee meeting.

12. Committee meeting has a quorum if at least five members of the Committee or authorised persons substituting them participate therein. Each member of the Committee shall assess the issue examined in the Committee meeting in general, not only within the framework of his or her competence. The present members of the Committee do not have the right to refuse or refrain from voting, except when the person may be exposed to the conflict of interests in accordance with laws and regulations.

13. The decisions of the Committee shall be taken:

13.1. by simple majority vote of the present members of the Committee, openly voting "for" or "against". If the vote is tied, the vote of the Chairperson of the Committee shall be decisive;

13.2. electronically by using electronic mail.

[17 July 2018]

13.¹ If the decision is taken electronically, the following procedures shall be complied with:

13.¹ 1. the Secretariat of the Committee shall inform the members of the Committee in conformity with the assignment of the Chairperson of the Committee on the issue to be examined by electronically sending the information necessary for taking the decision and potential draft decision, and also indicating the time period for the provision of an opinion;

13.¹ 2. a decision shall be regarded to be taken if, upon termination of the time period specified for the provision of an opinion, no objection has been received from the members of the Committee;

13.¹ 3. if within the framework of the procedures an objection is received from a member of the Committee, the issue shall be advanced for examination in the Committee meeting.

[17 July 2018]

13.² The Secretariat of the Committee shall take minutes of the Committee meeting. The course of the meeting may be completely recorded by using sound recording or other technical means. The corresponding note shall be made in the minutes of the meeting.

[17 July 2018]

14. An administrative act issued by the Committee or its actual actions may be appealed to the court in accordance with the procedures laid down in the Administrative Procedure Law.

V. Competence of the Members of the Committee and Ensuring the Committee Work

15. The Chairperson of the Committee shall:

15.1. chair the Committee meetings;

15.2. sign the decisions of the Committee, minutes of its meetings and other documents of the Committee;

15.3. authorise members of the Committee to sign the documents referred to in Sub-paragraph 15.2 of this Regulation;

15.4. be entitled to request and receive the information, opinions and explanations necessary for the work of the Committee from State and local government authorities and private persons;

15.5. represent the Committee without a special authorisation.

[17 July 2018]

16. The first deputy of the Chairperson of the Committee shall fulfil the duties of the Chairperson of the Committee during the absence of the Chairperson of the Committee.

17. The second deputy of the Chairperson of the Committee shall fulfil the duties of the Chairperson of the Committee during the absence of the Chairperson of the Committee and his or her first deputy.

18. The Secretariat of the Committee shall ensure the work of the Committee, including:

18.1. organise the work of the Committee meetings;

18.2. ensure exchange of information with members of the Committee on the issues within the competence of the Committee;

18.3. ensure the work of the Committee between the Committee meetings;

18.4. prepare and co-ordinate draft documents of the Committee (including draft decisions, minutes);

18.5. implement other measures for the fulfilment of the functions and tasks of the Committee (including shall prepare the submitted materials for examination, publish information on the website and control the enforcement of the Committee decisions) under an assignment of the Committee.

[17 July 2018]

Prime Minister Māris Kučinskis

Minister for Defence Raimonds Bergmanis

Translation © 2018 Valsts valodas centrs (State Language Centre)