Aptauja ilgs līdz 23. oktobrim.
The Saeima1 has adopted and Law on State Information SystemsSection 1. Terms Used in the Law The following terms are used in the Law: 1) State information system - an information system the operation of which is ensured by an institution of direct administration, a State authority not under subordination of the Cabinet, a derived public entity or its institution, a judicial institution, the Prosecutor's Office, and also a private individual who is delegated with a task of State administration (hereinafter - the authority) and which ensures the proposal, creation, compilation, accumulation, processing, use, and destruction of information (hereinafter - the circulation of information) necessary for the fulfilment of a function of State administration or a delegated task of State administration; 2) State information system manager - an authority which organises and manages the operation of the State information system in accordance with the procedures laid down in laws and regulations; 3) [5 May 2022]; 4) State information system user - a legal person or natural person who has entered into an agreement with the State information system manager regarding the use of data or who receives data on the basis of a request in accordance with the procedures laid down by the State information system manager or in laws and regulations; 5) data subject of the State information system - an authority or private individual that, in accordance with the procedures laid down in laws and regulations, shall provide data about itself and its cognisable legally documented objects to be registered (hereinafter - the cognisable objects to be registered); 6) integrated State information system - the logical union of the State information systems within the framework of which data of the separate State information systems shall be maintained in a unified information field; 7) [26 September 2019]; 8) State information systems' integrator - a centralised aggregate of information technologies with the assistance of which the circulation of information may be ensured within the scope of an integrated State information system, and also between the State information systems and other information systems which are established and maintained by authorities or private individuals; 9) [5 June 2014]; 10) [9 June 2011]; 11) manager of a State information systems' integrator - an institution which organises and manages the operation of the State information systems' integrator in accordance with the procedures laid down in laws and regulations; 12) information system of State information resources, systems, and interoperability - a State information system which ensures the registration and management of the resources and services of information and communication technologies which are necessary for State information systems and their operation; 13) information system of the authority - an information system which is not a State information system, is managed by the authority, and ensures the circulation of information with the State information system; 14) manager of the information system of the authority - an authority which organises and manages the operation of the information system of the authority; 15) State platform - a resource of information and communication technologies or an aggregate of resources of information and communication technologies which ensures the fulfilment of a function of State administration or a delegated task of State administration and is intended for the fulfilment of the functions and tasks of several authorities and, if determined by the State platform manager, also for the provision of services to private individuals; 16) State platform manager - an authority which organises and manages the operation of the State platform in accordance with the procedures laid down in the laws and regulations regarding the State platform. [9 June 2005; 31 May 2007; 13 November 2008; 9 June 2011; 5 June 2014; 26 September 2019; 5 May 2022] Section 2. Purpose and Tasks of the Law (1) The purpose of the Law is to ensure the accessibility and quality of the information to be provided by authorities in the State information systems. (2) The tasks of the Law are as follows: 1) to determine unified procedures by which State platforms and State information systems or information systems of the authority are established, registered, maintained, used, shared, reorganised, or liquidated; 2) [5 June 2014]; 3) to determine the functions of the State information system manager and the rights and obligations of a data subject of the State information system (hereinafter - the data subject); 4) to govern the security management of State information systems; 5) to lay down the requirements to be conformed to for the protection of the State information systems' integrator and the State information systems being part of an integrated State information system; 6) to regulate the procedures by which the circulation of information is ensured with the assistance of a State information systems' integrator; 7) to govern the procedures by which private individuals use the State platform to provide their own services. [31 May 2007; 13 November 2008; 9 June 2011; 5 June 2014; 5 May 2022] Section 3. Scope of Application of the Law (1) The Law shall apply to the State information systems the use of which ensures the fulfilment of the functions and tasks of authorities laid down in the laws and regulations and the international agreements binding on Latvia. (2) The Law shall also apply to the information systems of the authority which ensure the circulation of information with the State information systems. (3) [5 May 2022] (4) The Law shall not apply to information systems which are created and maintained by State and local government institutions for the circulation of information for internal use. [5 May 2022] Section 4. Coordination of the Operation of the State Information Systems or the Information Systems of the Authority (1) The Ministry of Environmental Protection and Regional Development shall coordinate the operation of the State information systems or the information systems of the authority within the scope of an integrated State information system, implementing a unified State policy in the field of the development and maintenance of State information systems or information systems of the authority. (2) The procedures for the monitoring of the development activities and liquidation of State information systems or information systems of the authority and the resources and services of information and communication technologies required for their operation, and also the general technical and security requirements of State information systems or information systems of the authority shall be determined by the Cabinet. (3) The Ministry of Environmental Protection and Regional Development shall co-ordinate research and investments for the establishment of integrated State information systems and the improvement of operation of the State information systems, attract experts for expert examinations of the State information systems and shall submit recommendations to the Cabinet regarding the development of State information systems. (4) [5 May 2022] (5) [5 June 2014] (6) [5 June 2014] [9 June 2005; 31 May 2007; 12 June 2009; 16 December 2010; 5 June 2014; 26 September 2019; 5 May 2022] Section 5. Establishment, Reorganisation, and Liquidation of State Information Systems or Information Systems of the Authority (1) A State information system shall be developed on the basis of external laws and regulations, policy planning documents, or an informative report. (11) A State information system shall be used on the basis of external laws and regulations in which at least the following is indicated: 1) the specified functions, tasks, and objectives for the fulfilment of which the circulation of the necessary information is ensured by the State information system; 2) the information to be included in the State information system for the achievement of the functions, tasks, and objectives; 3) the State information system manager; 4) the amount of the information to be included in the State information system; 5) the procedures by which the information shall be processed in the State information system; 6) the conditions for providing access to the information included in the State information system. (12) The Cabinet shall issue regulations for the fulfilment of the requirements of Paragraph 11, Clauses 3, 4, 5, and 6 of this Section. (2) [5 May 2022] (21) When establishing a State information system or an information system of the authority, the manager of the State information system or the information system of the authority shall register it in the information system of State information resources, systems, and interoperability. (3) An establishment, reorganisation or liquidation project for each State information system shall be developed by the relevant State information system manager and shall be co-ordinated with the Ministry of Environmental Protection and Regional Development. [9 June 2005; 12 June 2009; 16 December 2010; 5 June 2014; 5 May 2022] See Paragraph 10 of Transitional Provisions] Section 6. Operating Principles for State Information Systems (1) The State information systems shall be merged within an integrated State information system. (2) It is prohibited to collect from data subjects and enter into the State information system databases the data that is accessible in the integrated State information system. (3) During the course of operation of the State information systems, information on the data subject and his or her cognisable objects to be registered shall be registered only once in the relevant register - for the identification of the objects to be registered in the integrated State information system specified in laws and regulations, ensuring the updating of data and the inclusion of data in another State information system. (4) [5 May 2022] (5) [5 June 2014] (6) [5 June 2014] (7) [5 June 2014] (8) [5 June 2014] (9) [5 June 2014] (10) The State information system manager may ensure the circulation of information between the State information system and the information systems supervised by private individuals by co-operating with the private individuals in accordance with the procedures laid down in laws and regulations. [31 May 2007; 5 June 2014; 5 May 2022] Section 6.1 Use of Information and Communication Technology Services The manager of State information systems and information systems of the authority, State platforms and of the State information systems' integrators may use information and communication technology services provided by other authorities or private individuals for ensuring the fulfilment of his or her functions. [5 May 2022] Section 7. Maintenance of State Information Systems or Information Systems of the Authority (1) The resources necessary for the maintenance of State information systems shall be planned and requested by the State information system manager. (2) State information systems or information systems of the authority are maintained from the annual budget resources of the respective authority. (3) An opinion from the Ministry of Environmental Protection and Regional Development shall be appended to the request of the State information system manager regarding the granting of the annual State budget resources for the establishment, development and maintenance of State information systems. [31 May 2007; 12 June 2009; 16 December 2010; 5 May 2022] Section 8. Functions of the State Information System Manager The State information system manager shall, in accordance with laws and regulations, ensure and be responsible for the following: 1) data collection, registration, input, processing, storage, use, transmission, publication, compliance with data submitted, updating, correcting in the State information system, and also the quality of data in the State information system at least to the following minimum extent - data consistency and comparability by using unified classifiers and identifiers, and also accessibility and clarity by describing and making the metadata available; 2) reference to the data output source, if data is not obtained directly from the data subject; 3) use of data and its exchange among State information systems by electronic means; 4) access to information in circulation in the electronic form, if the Law does not prescribe otherwise; 5) [5 June 2014]; 6) formation of State information system archives in the electronic form, its storage, preparation of data back-up copies, data security and protection; 7) use of the State information system in the official language, providing for the use of other languages specified in international obligations; 8) utilisation of classifications and classifiers (code systems) laid down in laws and regulations; 9) utilisation of licensed or specially developed software provided for the relevant State information system and according to Latvian standards; 10) the development, maintenance and accessibility of State information system documentation according to Latvian standards. [5 June 2014; 5 May 2022] Section 9. Rights and Obligation of the Data Subject (1) The rights of the data subject are as follows: 1) to receive data from the State information system that concerns the data subject; 2) to inform the State information system manager of the shortcomings perceived in the data which concerns the data subject and to request the correcting of this data. (2) The obligation of the data subject is to provide complete and honest information in accordance with the procedures laid down in laws and regulations regarding him or her and his or her cognisable objects to be registered. [5 May 2022] Section 10. Identification of Information and State Information System Users (1) The State information system manager shall ensure the opportunity of identifying information during any stage of the circulation of information. (2) In order to protect the State information system from unauthorised access, the State information system manager shall ensure the verification of identity and access rights of the State information system users. [5 May 2022] Section 11. Access to Information (1) The State information system holder shall ensure access to the generally accessible information of the State information system in the global computer network (the Internet). (2) Information in the State information systems shall be accessible in accordance with laws and regulations. Section 12. Ownership Rights to Databases and Information Technologies (1) The database of the State information system or the information system of the authority shall be the property of the authority. (2) Resources for information technology and information transmission which ensure the operation of the State information system or the information system of the authority may be public or private property (including the State or local government private property). (3) If the database referred to in Paragraph one of this Section is an object of copyright (related rights), the manager of the State information system or the information system of the authority shall agree with the relevant subject of copyright (related rights) regarding the use of this object. [5 May 2022] Section 13. Registration and Management of the State Information Systems or the Information Systems of the Authority and the Resources and Services of Information and Communication Technologies Necessary for their Operation (1) The Cabinet shall determine the manager of the information system of State information resources, systems, and interoperability, the amount of information to be included therein, the procedures by which this information shall be registered, used, and processed, and also the procedures by which the resources and services of information and communication technologies necessary for the operation of the State information systems or the information systems of the authority shall be managed. (2) The information system of State information resources, systems, and interoperability shall not include information which is recognised as an official secret object in accordance with the law On Official Secret. [26 September 2019; 5 May 2022] Section 14. Security Management of the State Information System (1) The State information system manager shall ensure the compliance with the requirements for security of the State information system specified in the laws and regulations. (2) The State information system manager shall determine a security manager of the State information system for management of the State information system security. (3) If a State authority has several State information systems under its supervision, one security manager of the State information system may be appointed for security management of all such systems. [13 November 2008; 9 June 2011] Section 15. Security Manager of State Information System (1) The security manager of a State information system is a person who is implementing security management of the State information system. (2) The operation of the security manager of a State information system - a natural person - shall conform to the basic tasks and to the basic requirements for qualification laid down for the abovementioned profession - security manager of the information system - in the laws and regulations regarding classification of occupations. If the security manager of a State information system is a legal person, it shall ensure that fulfilment of the relevant duties is carried out by a natural person complying with the requirements laid down in the first sentence of this Paragraph. [9 June 2011] Section 16. Requirements for the Protection The requirements for the protection of the State information systems' integrators, State platforms, and State information systems being part of an integrated State information system shall be determined by the Cabinet. [5 May 2022] Section 17. Provision of the Circulation of Information Using the State Information Systems' Integrator (1) The operation of the State information systems' integrator shall ensure the circulation of information according to the following criteria: 1) the operation of the State information systems' integrator does not duplicate the circulation of information that may be ensured with the assistance of another State information systems' integrator; 2) the operation of the State information systems' integrator ensures as simple and uniform circulation of information as possible; 3) the operation of the State information systems' integrator ensures such level of security of the circulation of information which is commensurate with the level of security when ensuring the circulation of information without a State information systems' integrator; 4) the operation of the State information systems' integrator does not increase the costs of the circulation of information in comparison with the costs when ensuring the circulation of information without a State information systems' integrator. (2) The usefulness of establishing, developing or liquidating a State information systems' integrator shall be evaluated in compliance with the criteria referred to in Paragraph one of this Section. (3) An establishment, reorganisation or liquidation project for each State information systems' integrator shall be developed by the relevant manager of the State information systems' integrator and shall be co-ordinated with the Ministry of Environmental Protection and Regional Development. (4) A decision to ensure the circulation of information using a State information systems' integrator shall be taken by State information system managers in compliance with the criteria referred to in Paragraph one of this Section. (5) A manager of the State information systems' integrator shall decide on entering into a contract with State information system managers, as well as with such State or local government authorities or private individuals, the information systems supervised by which are involved in the provision of the circulation of information with State information systems, and may refuse entering into a contract if the conditions for the circulation of information laid down in laws and regulations are sufficient for ensuring the circulation of information, using a State information systems' integrator. (51) [Paragraph shall come into force on 1 January 2024 and shall be included in the wording of the Law as of 1 January 2026 / See Paragraph 11 of Transitional Provisions] (6) The procedures by which the circulation of information using a State information systems' integrator shall be ensured, as well as by which a State information systems' integrator shall be established, developed and liquidated shall be determined by the Cabinet. [5 June 2014] Section 18. Use of State Platforms (1) The State platform manager may provide the opportunity for private individuals who are not delegated with a task of State administration to use the State platform. (2) A private individual who is not delegated with a task of State administration shall use the State platform in accordance with the laws and regulations that determine the operation of the respective State platform. (3) The State platform manager may provide the opportunity for private individuals who are not delegated with a task of State administration to use the State platform if a consent has been obtained from the Constitution Protection Bureau. (4) General qualification requirements and the procedures for their verification for private individuals who have not been delegated with a task of State administration and who use the State platform shall be determined by the Cabinet. (5) The Cabinet shall determine: 1) the State platform manager, his or her obligations and responsibility, and also functions and tasks the implementation of which requires the use of the State platform; 2) the procedures by which the State platform shall be operated, financed, and used; 3) special qualification requirements and their verification procedures for the use of the State platform by private individuals who are not delegated with tasks of State administration, and also the procedures for applying for, issuing, and revoking an authorisation for the use of this State platform. (6) The State platform manager may charge a fee for ensuring the service of using the State platform which shall not exceed the costs related to the provision of this service. [5 May 2022 / Section shall come into force on 1 December 2022. See Paragraph 10 of Transitional Provisions] Transitional Provisions1. The Cabinet shall issue the regulations regarding registration of the State information systems referred to in Section 13, Paragraph one of this Law by 1 August 2005. [9 June 2005] 2. The State information systems established until the date of coming into force of the Cabinet regulations referred to in Clause 1 of the Transitional Provisions shall be registered in the State information system register within six months from the date of coming into force of the specified Cabinet regulations. 3. Until the date of coming into force of the relevant Cabinet regulations, but not longer than six months from the date of coming into force of this Law, the following Cabinet regulations shall be in force insofar as they are not in conflict with this Law: 1) Regulation No. 70 of 19 March 1996, Regulations Regarding the Procedures for Granting the Status of Official State Computerised Information System and Requirements for Technical Implementation; 2) Regulation No. 402 of 7 December 1999, By-law of the Supervisory Board of Integrated Official State Information Systems; 3) Regulation No. 104 of 14 March 2000, Regulations Regarding the Ensuring of Established Integrated Official State Information Systems (Megasystems); 4) Regulation No. 106 of 21 March 2000, Information System Security Regulations; 5) Regulation No. 201 of 20 June 2000, By-law of the Supervisory Board of Local Government United Information System Projects. 4. The Cabinet shall issue the regulations referred to in Section 4, Paragraph two of this Law by 1 August 2005 regarding the following: 1) procedures for supervising State information system development projects; 2) conformity with the State information system technical requirements; 3) State information system security requirements. [9 June 2005] 5. Section 15 and Section 16, Paragraph two of this Law shall come into force on 1 January 2010. [13 November 2008] 6. [9 June 2011] 7. The Cabinet shall, by 31 December 2011, issue the regulations referred to in Section 16 of this Law regarding the requirements to be complied with for the protection of State information systems' integrators and State information systems being part of an integrated State information system. [9 June 2011] 8. The Cabinet shall issue the regulations referred to in Section 17, Paragraph six of this Law by 1 October 2014. Until the day of coming into force of the relevant Cabinet regulations, but not later than until 1 October 2014, Cabinet Regulation No. 1131 of 6 October 2009, Procedures for the Establishment, Maintenance and Activities of the State Information Systems Integrators and Procedures for Ensuring of the Functioning of State Information Systems within the Framework of Integrated State Information Systems, shall be applicable insofar as it is not in contradiction with this Law. [5 June 2014] 9. In relation to the State information systems established until 31 May 2022, Section 5, Paragraph 1.1 of this Law shall not be applicable until 31 July 2023. [5 May 2022] 10. Amendment to this Law regarding its supplementation with Section 18 regarding the use of State platforms shall come into force on 1 December 2022. The Cabinet shall, by 30 November 2022, issue the regulations referred to in Section 18, Paragraphs four and five of this Law. [5 May 2022] 11. Amendment to this Law regarding the supplementation of Section 17 with Paragraph 5.1 shall come into force on 1 January 2024. [5 May 2022 / Paragraph 5.1 shall be included in the wording of the Law as of 1 January 2024] 12. The following Cabinet regulations shall be applied until the coming into force of the relevant Cabinet regulations but not later than until 31 December 2022, insofar as they are not in contradiction with this Law: 1) Regulation No. 764 of 11 October 2005, General Technical Requirements of State Information Systems; 2) Regulation No. 421 of 19 June 2012, Requirements for the Protection of State Information System Integrators and Integrated State Information Systems; 3) Regulation No. 523 of 5 November 2019, Regulations Regarding the Information System of State Information Resources, Systems, and Interoperability; 4) Regulation No. 597 of 31 August 2021, Procedures for Supervising Development Projects for State Information Systems. [5 May 2022] The Law has been adopted by the Saeima on 2 May 2002. President V. Vīķe-Freiberga Rīga, 22 May 2002 1The Parliament of the Republic of Latvia Translation © 2023 Valsts valodas centrs (State Language Centre) |
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Title: Valsts informācijas sistēmu likums
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