Aptauja ilgs līdz 23. oktobrim.
The translation of this document is outdated.
Translation validity: 08.12.2007.–06.05.2016. Amendments not included: 03.05.2016., 20.09.2016.
Procedures by which Pre-trial Investigative Institutions, Bodies Performing Investigatory Operations, State Security Institutions, Office of the Prosecutor and Court Request and a Merchant of Electronic Communications Transfers Data to be Retained, and Procedures by which Statistical Information regarding Requests of Data to be Retained and Issuing thereof is CompiledIssued pursuant to Section
71.1, 1. These Regulations prescribe: 1.1. the procedures according to which pre-trial investigative institutions, bodies performing investigatory operations, State security institutions (hereinafter - authority), the Office of the Prosecutor and court shall request and a merchant of electronic communications shall transfer data to be retained; and 1.2. the procedures and volume in which the Data State Inspectorate shall compile statistical information regarding the requests to receive data to be retained from the authorities (hereinafter - request) and regarding the issuing of data to be retained. 2. The head of the authority shall assign officials who are authorised to request the data to be retained (hereinafter - authorised official). A merchant of electronic communications shall be notified regarding the authorised officials, by sending it the necessary contact information (the given name, surname, position, address, telephone number, fax, e-mail). 3. The merchant of electronic communications shall assign persons who ensure the transfer of data to be retained to the authorities, the Office of the Prosecutor and court upon the request thereof. The authorities, the Office of the Prosecutor and court shall be notified regarding the authorised officials, by sending them the necessary contact information (the given name, surname, position, address, telephone number, fax, e-mail). 4. Authorities, the Office of the Prosecutor and court shall ensure: 4.1. evaluation of the necessity and proportionality of the requests for data to be retained; 4.2. performance of activities specified within regulatory enactments to justify the request; 4.3. registration of the requests, identifying the authorised official who requested the data, the official who proposed the request of data to be retained, as well as the number of the particular criminal case or of the investigatory operation's process case in the scope of which the data to be retained are being requested; 4.4. registration of the received data to be retained, indicating the official to whom the received data have been transferred; and 4.5. protection of the received data to be retained in accordance with the regulatory enactments which regulate information protection. 5. A merchant of electronic communications shall ensure: 5.1. transfer of the data to be retained in the volume and form indicated in the request; 5.2. registration of the requests, identifying employees who prepare the data to be retained indicated in the request for issuance; 5.3. registration of the issued data (response to requests) to be retained, indicating the employee who has issued the relevant data; and 5.4. protection to the information regarding the received requests and issuance of the data to be retained in conformity with the regulatory enactments regulating the protection of information. 6. The necessary data to be retained shall be requested by an authorised official, the Office of the Prosecutor, or court by sending a request to the merchant of electronic communications, in which the legal basis, volume, type and the term for the providing of a response for the request of data to be retained are indicated (Annex 1, 2 and 3). 7. A request may also be sent electronically, if a contract referred to in Paragraph 8 of these Regulations has been concluded with the merchant of electronic communications. 8. Authorities, the office of the prosecutor and court may enter into a contract with a merchant of electronic communications regarding electronic exchange of data to be retained. Requirements regarding encoding of information and identification of persons, conditions for the security of data to be retained and for issuance of information in matters of urgency, as well as the obligations of the parties shall be provided for in the contract. 9. Regarding each subject or object a separate request shall be prepared. 10. A merchant of electronic communications shall ensure submission of the data to be retained within the following time periods after the receipt of a request: 10.1. within 30 days, if such data are requested, which were retained more than six months ago; 10.2. within 10 days, if such data are requested, which have been retained during the last six months; 10.3. in matters of urgency, if the transfer of data within the time period referred to in Sub-paragraphs 10.1 or 10.2 may hinder the prevention or disclosure of a criminal offence, saving a person's life or protection of the State or public safety (hereinafter - matter of urgency) - within three hours, if the data requested have been retained within a time period of the last twenty-four hours; and 10.4. in matters of urgency, if the data referred to in Paragraphs 1, 2 and 3 of Annex 1, Paragraphs 1, 9, 10 and 13 of Annex 2 or Paragraphs 1 and 2 of Annex 3 to these Regulations have been requested - within an hour. 11. If due to technical limitation reasons it is not possible to ensure transfer of the data to be retained within the time periods referred to in Paragraph 10 of these Regulations, a merchant of electronic communications shall inform thereof the relevant authority, the Office of the Prosecutor or court, and the requested data shall be submitted without delay, as soon as possible. 12. Until 1 February of the current year a merchant of electronic communications shall submit to the Data State Inspectorate the following information regarding the requests submitted in conformity with Section 71.1, Paragraph one of the Electronic Communications Law by authorities, the Office of the Prosecutor or court: 12.1. the total number of requests; 12.2. the time period (in months) that has elapsed from the date of retaining the data until the date when the authority, Office of the Prosecutor or court has requested the relevant data; and 12.3. the number of cases when it has not been possible to issue the requested data to be retained. 13. The Data State Inspectorate shall compile and transfer the information referred to in Paragraph 12 of these Regulations to the European Commission within a period of two months. 14. As from 15 March 2009 merchants of electronic communications have the duty to ensure the transfer of data to be stored referred to in Annex 3 to these Regulations to the authorities, Office of the Prosecutor and court. Informative Reference to European Union DirectiveThese Regulations contain legal norms arising from Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC. Prime Minister A. Kalvītis Minister for the Interior I.Godmanis
Annex 1
Telephone__________, e-mail_____________ Note. * The requisite "paraksts" [signature] of the document shall not be filled out, if the electronic document has been prepared in conformity with the regulatory enactments regarding drawing up of electronic documents. Minister for the Interior I.Godmanis Annex 2
Telephone______________, e-mail___________ Note. * The requisite "paraksts" [signature] of the document shall not be filled out, if the electronic document has been prepared in conformity with the regulatory enactments regarding drawing up of electronic documents. Minister for the Interior I.Godmanis
Annex 3
Telephone_____________, e-mail___________ Note. * The requisite "paraksts" [signature] of the document shall not be filled out, if the electronic document has been prepared in conformity with the regulatory enactments regarding drawing up of electronic documents. Minister for the Interior I.Godmanis
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