Republic of Latvia Cabinet Regulation No. 263 Adopted 8 May 2018

Regulations Regarding the Electronic Information System of the State Border Guard

Issued pursuant to
Section 10, Paragraph thirteen of the Law
on the State Border of the Republic of Latvia
and Section 3, Paragraph three of the Immigration Law

1. This Regulation prescribes the amount of information to be registered in the electronic information system of the State Border Guard (hereinafter - the system), the procedures for the use and the storage periods thereof.

2. The system is the State information system:

2.1. in which information regarding persons crossing the external border of the Republic of Latvia and their travel documents, as well as regarding vehicles driven by persons crossing the external border of the Republic of Latvia and their documents shall be registered;

2.2. with the intermediation of which verification of the documents of persons crossing the external border of the Republic of Latvia, vehicles which are driven by persons crossing the external border of the Republic of Latvia, and the relevant vehicles shall be performed in the information systems related to this information system which are provided for the implementation of the border check functions;

2.3. in which service marks regarding persons who pose risks to national security or public order and safety, or public health and to whom attention should be paid at the time of crossing the external border shall be made.

3. The State Border Guard is the controller and holder of the system.

4. Information shall be included and updated in the system by the State Border Guard.

5. Information registered in the system is restricted access information.

6. The following information shall be registered in the system:

6.1. regarding crossing of the external border:

6.1.1. the border crossing point;

6.1.2. the date;

6.1.3. the time;

6.1.4. the direction (entry or exit);

6.2. regarding the person crossing the external border:

6.2.1. the given name (names);

6.2.2. the surname;

6.2.3. the date of birth;

6.2.4. the nationality;

6.2.5. the personal identity number (if it is indicated in the travel document);

6.3. regarding the travel document of the person crossing the external border:

6.3.1. the type;

6.3.2. the issuing country;

6.3.3. the series and number;

6.3.4. the date of issue;

6.3.5. the term of validity;

6.4. regarding the visa of the person crossing the external border:

6.4.1. the number;

6.4.2. the type;

6.4.3. the term of validity;

6.4.4. the issuing country;

6.5. regarding the residence permit of the person crossing the external border:

6.5.1. the number;

6.5.2. the type;

6.5.3. the term of validity;

6.5.4. the issuing country;

6.6. regarding the vehicle which the person is driving when crossing the external border:

6.6.1. the type;

6.6.2. the brand;

6.6.3. the model;

6.6.4. the colour;

6.6.5. the first date of registration;

6.6.6. the identification number of the vehicle (VIN);

6.6.7. the country of registration;

6.6.8. the registration number;

6.6.9. the series and number of the registration certificate;

6.6.10. the type of trailer and semi-trailer;

6.6.11. the country of registration of the trailer and semi-trailer;

6.6.12. the registration number of the trailer and semi-trailer;

6.6.13. the identification number (VIN) of the trailer and semi-trailer;

6.6.14. the series and number of the registration licence of the trailer or semi-trailer;

6.7. regarding the driving licence for a person who is driving the vehicle crossing the external border:

6.7.1. the number;

6.7.2. the issuing country.

7. In order to provide additional information for the performance of a border check or for the taking of a decision on a permit to cross the external border, on the basis of a risk assessment carried out by such institutions which, within the scope of their competence, perform control of measures related to national security, public order or safety, or public health, or security of the State border (hereinafter - the institutions), service marks shall be made in the system, registering the following information:

7.1. regarding a person - the information referred to in Sub-paragraphs 6.2.1, 6.2.2, 6.2.3, 6.2.4, 6.2.5, and 8.1 of this Regulation;

7.2. regarding the travel document, visa, and residence permit of a person - the information referred to in Sub-paragraphs 6.3, 6.4, and 6.5 of this Regulation;

7.3. regarding a vehicle - the information referred to in Sub-paragraph 6.6 of this Regulation;

7.4. regarding the driving licence of a person - the information referred to in Sub-paragraph 6.7 of this Regulation;

7.5. regarding the activities to be performed in a border check in cases of crossing the external border.

8. On the basis of a risk analysis of persons crossing the external border, the following information shall be registered in the system regarding persons crossing the external border:

8.1. the biometric data of the person (facial image or fingerprints), if such information is not registered in the system;

8.2. the purpose for the entry of the person (if the person is entering the Republic of Latvia);

8.3. the planned place of residence of the person in the Republic of Latvia (if the person is entering the Republic of Latvia);

8.4. the planned time (date) of exit of the person from the Republic of Latvia and the border crossing point;

8.5. the place of birth of the person.

9. A State administration institution, a court, and the prosecutor's office have the right to request and receive information from the system for the performance of the functions provided for in laws and regulations.

10. The State Border Guard shall provide the information registered in the system, using the transmission of data in online mode, following entering into a contract or an interdepartmental agreement with the recipient of the information.

11. The information referred to in Paragraph 6 of this Regulation shall be stored in the system for five years. After the abovementioned period of time the information shall be automatically deleted from the system.

12. The information referred to in Paragraphs 7 and 8 of this Regulation shall be stored as long as there is a reason to believe, according to the risk assessment, that the relevant person poses a risk to national security or public order and safety, or public health. The institution which requested to register the information referred to in Paragraph 7 of this Regulation shall, without delay, inform the State Border Guard if, according to the risk assessment, there is no reason to believe that the relevant person poses the abovementioned risks or the risk assessment is not updated.

13. The institution which requested to register the information referred to in Paragraph 7 of this Regulation shall, after a year from the date of sending the request to the State Border Guard and every subsequent year, review the need for the maintenance of such information in the system. If the information referred to in Paragraphs 7 and 8 of this Regulations is not updated, it shall be automatically deleted after a year (except for information registered in the system in accordance with the conditions referred to in Paragraph 6 of this Regulation).

14. Cabinet Regulation No. 692 of 9 December 2003, Regulations Regarding the Amount of Information to be Included and Procedures for the Use of the Information in the Electronic Information System of the State Border Guard (Latvijas Vēstnesis, 2003, No. 176; 2006, No. 101; 2007, No. 93; 2010, No 12; 2011, No. 51), is repealed.

Prime Minister Māris Kučinskis

Acting for the Minister for the Interior -
Minister for Foreign Affairs Edgars Rinkēvičs

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Translation © 2019 Valsts valodas centrs (State Language Centre)